TexasCHLforum.com

cyphertext wrote:

TVGuy wrote:
I've actually heard the exact opposite when buying guns with my wife due to community property laws.

Even with community property laws, the firearm is being transferred to one person by the licensed dealer. When selling to a business entity, one person acting on behalf of that business completes the 4473 with their personal info and then provides an addendum stating that the firearm is being purchased for use by the business entity. The 4473 does not transfer the firearm to multiple parties.

cyphertext wrote:

Liberty wrote:

cyphertext wrote:
I was taught the same when I worked on the other side of the gun counter. All of those on here who say they paid but their daughter / son / whoever filled out the paperwork would not have been sold a gun by me, even if I believed them or knew them... one person paying with a different person filling out the paperwork is one of the signs of a straw purchase.

I was purchasing a couple of long guns at Acadamy a few months ago my wife was leaning over my shoulder and ensuring that I was filling out the form accurately and legibly. We were warned by the salesperson that if she continued to help me fill out the form that he would cancel the sale. Sheesh, as my wife, legally it's her money and her gun too.

Yep... that is how the feds see it. You are the buyer, you are the one filling out the form. Have a question, read the back of the form for directions.

As far as the feds see it, it is not your wife's gun legally... let's say your wife was a restricted person because of a felony conviction. Under federal law, you may still own a gun. It is yours, not your wife's. You will have to take steps to insure that she does not have access or possession of it though.

RPBrown wrote:

puma guy wrote:

RoyGBiv wrote:

twomillenium wrote:Unless things have changed in the last 10 years. If you are buying a firearm to gift to someone who can legally own and possess a firearm, then the answer to the question on the 4473 form, "are you buying the firearm for yourself" is yes, because you plan to use it as a gift from you. IANAL

This is my understanding as well.
I bought my wife a gun for Christmas a few years ago.

I believe (my opinion) that a straw purchase would be if someone gives you the money and you buy the gun for them (which would require you to make a false statement on the 4473).

I recall a story from a year or two ago where a LEO got in trouble for buying a Glock for a friend using his LE discount because the friend wrote him a check before the gun was purchased. That's a no-no. Any arrangement where the gun is purchased with the intention of "selling" it on to another person immediately after the purchase is a no-no, regardless of when the second - sale money changes hands.

IANAL. Just my opinion.

You're correct about the case of the LEO using his discount for his friend. He was convicted I believe.

What amount of time has to elapse before selling? I had a unique situation several months ago. Purchased my wife an XD9 sub compact for an EDC. She realized after a trip to the range that I was not there to load for her that she could not rack the slide herself. We sold the gun to a very good friend (CHL holder) and bought her another. Total time between sales was 2 weeks.

On another note, I have bought each of my kids and their spouses a gun of some sort over the years for Christmas.