Family Purchase vs Straw Purchase

[oohrah]

Thank you all for great input. As I mentioned in my post, I think the whole thing is a bad idea.

The biggest reason he wanted to do it was convenience. He is in DFW and she is in Houston. I have strongly advised him to take her to the Arms Room or similar to rent some guns and learn the rules. And while it would be extremely difficult to prove intent, I will also strongly recommend avoiding the straw purchase trap.

[ELB]

Yes, you can buy a gun for your aunt as a gift... but it must really be a gift, as in you are paying for it.

No, she can not give you the money to go buy one for her.

No, you can not buy it and then resell it to her the next day, if the intent was to sell it to her all along. (Intent would be hard to prove)

Also, if you take her to the store, make sure she is the one picking out the firearm, and asking the questions of the clerk. Needs to be very clear that you are there to advise and help, but that the gun is for her and she is purchasing... otherwise, the salesperson may stop the sale for fear of a straw purchase.

This. It is stupid, but per the SCOTUS case taking the money of a person who is legally entitled to have and buy a gun and buying it for her or him is illegal in and of itself.

A gift, however, is legal. On the 4473, see the instructions (not just the question) for question 11a (Are you the actual transferee/buyer of the firearm(s) listed on this form?):

ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer "NO" to question 11.a. However, if Mr. Brown goes to buy a firearm for Mr. Black with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer "YES" to question 11.a.

[VMI77]

Yes, you can buy a gun for your aunt as a gift... but it must really be a gift, as in you are paying for it.

No, she can not give you the money to go buy one for her.

No, you can not buy it and then resell it to her the next day, if the intent was to sell it to her all along. (Intent would be hard to prove)

Also, if you take her to the store, make sure she is the one picking out the firearm, and asking the questions of the clerk. Needs to be very clear that you are there to advise and help, but that the gun is for her and she is purchasing... otherwise, the salesperson may stop the sale for fear of a straw purchase.

This. It is stupid, but per the SCOTUS case taking the money of a person who is legally entitled to have and buy a gun and buying it for her or him is illegal in and of itself.

A gift, however, is legal. On the 4473, see the instructions (not just the question) for question 11a (Are you the actual transferee/buyer of the firearm(s) listed on this form?):

ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer "NO" to question 11.a. However, if Mr. Brown goes to buy a firearm for Mr. Black with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer "YES" to question 11.a.

Apparently it's only illegal if you're not a criminal or arming terrorists. I don't see the guy that confessed to buying the terrorists their guns to avoid a background check being charged with anything.

[anygunanywhere]

Yes, you can buy a gun for your aunt as a gift... but it must really be a gift, as in you are paying for it.

No, she can not give you the money to go buy one for her.

No, you can not buy it and then resell it to her the next day, if the intent was to sell it to her all along. (Intent would be hard to prove)

Also, if you take her to the store, make sure she is the one picking out the firearm, and asking the questions of the clerk. Needs to be very clear that you are there to advise and help, but that the gun is for her and she is purchasing... otherwise, the salesperson may stop the sale for fear of a straw purchase.

This. It is stupid, but per the SCOTUS case taking the money of a person who is legally entitled to have and buy a gun and buying it for her or him is illegal in and of itself.

A gift, however, is legal. On the 4473, see the instructions (not just the question) for question 11a (Are you the actual transferee/buyer of the firearm(s) listed on this form?):

ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer "NO" to question 11.a. However, if Mr. Brown goes to buy a firearm for Mr. Black with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer "YES" to question 11.a.

Apparently it's only illegal if you're not a criminal or arming terrorists. I don't see the guy that confessed to buying the terrorists their guns to avoid a background check being charged with anything.

Or if the BATFE tells you to do it. Fast and Furious.

[ELB]

...

Apparently it's only illegal if you're not a criminal or arming terrorists. I don't see the guy that confessed to buying the terrorists their guns to avoid a background check being charged with anything.

Well, not yet. And maybe it was gift. Pay no attention to that $28K that Santa dropped into that couples bank account.

[VMI77]

Yes, you can buy a gun for your aunt as a gift... but it must really be a gift, as in you are paying for it.

No, she can not give you the money to go buy one for her.

No, you can not buy it and then resell it to her the next day, if the intent was to sell it to her all along. (Intent would be hard to prove)

Also, if you take her to the store, make sure she is the one picking out the firearm, and asking the questions of the clerk. Needs to be very clear that you are there to advise and help, but that the gun is for her and she is purchasing... otherwise, the salesperson may stop the sale for fear of a straw purchase.

This. It is stupid, but per the SCOTUS case taking the money of a person who is legally entitled to have and buy a gun and buying it for her or him is illegal in and of itself.

A gift, however, is legal. On the 4473, see the instructions (not just the question) for question 11a (Are you the actual transferee/buyer of the firearm(s) listed on this form?):

ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer "NO" to question 11.a. However, if Mr. Brown goes to buy a firearm for Mr. Black with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer "YES" to question 11.a.

Apparently it's only illegal if you're not a criminal or arming terrorists. I don't see the guy that confessed to buying the terrorists their guns to avoid a background check being charged with anything.

Or if the BATFE tells you to do it. Fast and Furious.

I thought I had that covered by the term "criminal."

These are the two "terrorists" that scare me the most:

[anygunanywhere]

I thought I had that covered by the term "criminal."

I thought about that before I posted but I figured it deserved special attention.