Search found 2 matches

by SigM4
Thu May 10, 2018 1:42 pm
Forum: General Texas CHL Discussion
Topic: Purchased a gun for a friend
Replies: 74
Views: 4578

Re: Purchased a gun for a friend

ScottDLS wrote:
That is the correct way to handle it. The ATF can consider you buying a gun for someone else, even though they are qualified, as a "straw purchase". Realistically, they probably won't, but you should not risk it. When you fill out the 4473 you are signing that you are buying the gun for yourself. ATF considers that lying on the form.
Another question on my part (to go along with my post above). Does the ATF consider the payment for the gun and the transfer paperwork all as part and parcel of a single transaction? Or they viewed as separate events?

Reason I ask is because question 11a of the 4473 states "Are you the actual transferee/buyer of the firearm(s) listed on this form? Waring: You are not the actual transferee/buyer if you are acquiring the firearm(s) on behalf of another person...

This is the important part to me ...if you are acquiring the firearm(s) on behalf of another person...

The reason I quote this is because in this situation, if the friend filled out the paperwork, he would check "Yes" in my mind, because he is the actual transferee regardless who paid for it. And at that point no straw sale would (or could) have existed.

Again, using logic it would seem to me that no matter who pays for the gun, so long as the person actually taking possession of it fills out the form, there's no foul. But, I'm sure it's not that simple.
by SigM4
Thu May 10, 2018 1:30 pm
Forum: General Texas CHL Discussion
Topic: Purchased a gun for a friend
Replies: 74
Views: 4578

Re: Purchased a gun for a friend

Scott B. wrote:
Beiruty wrote:First, do not pay for it under your name.
Second, Contact the seller and provide the name of the real buyer. Explain what happened.
Seller will send the pistol to FFL of the real buyer
Let your friend do the paper work and pick the pistol from his FFL.

In Short do not do the transaction yourself.
You are the bidder agent of the real buyer no more no less.
Do not do this.

You paid for it, you do the transfer. After that, you may gift it to anybody you like in the state of Texas as long as you know they are legally able to own a firearm.

I have an 07/02 FFL/SOT and I do transfers 6 days a week.
Does the ATF care who paid for it, so long as the person that truly is taking possession of it fills out the paperwork (not talking straw purchase here)? I'm asking seriously because I don't know. Seems like we like to attribute a lot of intent and action by the ATF to possible interpretations that we've made up. Would love to hear from an actual rep of the department on situations like this, so that we could all learn.

The reason I ask is it seems that in a case like this logic would dictate that you'd be better off with him filling out the paperwork since he's taking possession of it. Now, that said I know the our benevolent government very rarely operates based on logic and reason, but it seems like all the hand wringing and gnashing of teeth are unnecessary, whether by manufactured caution or by virtue of past interpretation of the law by the ATF.

It'd be no different that me loaning a friend who forgot his wallet the $ to buy a gun. Is that a straw purchase? No, but the way we tell it on the internet an ATF agent is waiting behind every gun counter ready to bust some law abiding citizen.

Sorry, I'm off my soapbox now.

I'd do just as Scott says. For all the worry about buying and transferring for a friend, a gift is still a very simple thing. Convoluted, but that's our government at work.

Return to “Purchased a gun for a friend”