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?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.
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.