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Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 6:21 pm
by Kahrry
I think I know the answer but we are headed towards Cabelas right now to get a Kahr for my friend. I have a good coupon but have to use my. Cabelas credit card to get the deal. We both have CHL. Can he fill out the paperwork and I buy it or will I have to fill it out.

I wanted to try and ask here first so as not to alert any staff there for any reason. Thanks for the help.

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 6:27 pm
by Hoi Polloi
As long as the person filling out the paperwork is the same person who is going to have the gun, it is my understanding that it doesn't legally matter who pays for it.

Store policy might not allow anyone other than the person who is going to own the gun to purchase it, though. If the FFL thinks there's any funny business afoot, s/he shouldn't make the sale, either.

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 6:31 pm
by Salty1
This will say straw purchase all over it, even though it is not and I doubt seriously that Cabella's will sell you the handgun under this scenerio. The cleanest way is for you to complete the entire transaction including the 4473, get the cash from him and fill out a Bill of Sale transfering ownership. Then it is a legal sale without looking like a straw purchase. Sometimes an extra step or two pays off in the long run...

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 6:39 pm
by Hoi Polloi
The thought occurred to me that if my husband and I went to the store and I went shopping and chose a gun and filled out the paperwork that no one would bat an eye when my husband was the one who handed over his credit card. I think a woman who is having a gun purchased by a man would not have the same level of straw purchase suspicion unless she raised other red flags.

But then, I just watched that girl gangters Gangland episode and the girls are ruthless and say they get away with a lot more because no one suspects the women. :???:

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 7:35 pm
by Carry-a-Kimber
Hoi Polloi wrote:The thought occurred to me that if my husband and I went to the store and I went shopping and chose a gun and filled out the paperwork that no one would bat an eye when my husband was the one who handed over his credit card. I think a woman who is having a gun purchased by a man would not have the same level of straw purchase suspicion unless she raised other red flags.

But then, I just watched that girl gangters Gangland episode and the girls are ruthless and say they get away with a lot more because no one suspects the women. :???:
My wife and I had a simular situation before. She was buying me a gun as a gift but I filled out the 4473, when she went to pay with the card with her name on it, they made her fill out a 4473. Oh well, I got an HK USPc out of the deal.

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 8:15 pm
by puma guy
I never thought about it when we did it. but I took my SIL to GT Distributing in Austin and to buy a Glock 22. He completed the paper work. the guy quick stripped the gen 4 Glock to show him how to align the two piece spring rod and put it back together. I handed him my credit card and the guy never batted an eye.

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 8:29 pm
by JJVP
puma guy wrote:I never thought about it when we did it. but I took my SIL to GT Distributing in Austin and to buy a Glock 22. He completed the paper work. the guy quick stripped the gen 4 Glock to show him how to align the two piece spring rod and put it back together. I handed him my credit card and the guy never batted an eye.
Just to make sure, your Sister-in-law (SIL) is a guy. :confused5

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 8:31 pm
by RttlTrap
Took me a minute, too

*Son* in law

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 8:57 pm
by puma guy
RttlTrap wrote:Took me a minute, too

*Son* in law
Sorry about that - yes son in law.

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 9:04 pm
by baldeagle
Kahrry wrote:I think I know the answer but we are headed towards Cabelas right now to get a Kahr for my friend. I have a good coupon but have to use my. Cabelas credit card to get the deal. We both have CHL. Can he fill out the paperwork and I buy it or will I have to fill it out.

I wanted to try and ask here first so as not to alert any staff there for any reason. Thanks for the help.
This is how ridiculous our laws have become. It forces you to think in ways that make no sense.

You are going to Cabelas because your friend has decided to purchase a Kahr, right? So, your friend picks out the gun he wants, fills out the paperwork and then the clerk says to your friend, "How do you want to pay for this?" You answer, "I'm buying it for him as a gift." How is that a straw purchase? Your friend showed his CHL, which means he is qualified to purchase the gun. I can't imagine that Cabelas would have a problem with this. If you're really that concerned about it, just answer, "I'm going to put it on my Cabelas card and he's going to write me a check later."

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 9:11 pm
by Kahrry
:lol::

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 11:34 pm
by 03Lightningrocks
I am pretty sure if you purchased a firearm with the intent to sell it to someone else, it is a felony. I don't have the form in front of me but I am 99.9% sure there is a question on the form asking if I am buying the weapon for myself... or something of this nature. Answering yes while planning on selling it to my buddy would be a felony and falls into the category of a straw purchase.

I think you would have been perfectly legal if he filled out the paperwork and said he was purchasing the firearm. I don't believe there is a law about who's money he uses. The only way that would have been an issue is if Cabelas smelled a rat. Not that there is a rat... just that they felt uncomfortable about the situation. Like posted above... husbands and wives buy firearms together all the time and use whatever card to pay. (IANAL)

Thinking more about it... I can hand my credit card to anyone and give them authorization to use the card. I have done it. I hand my credit card to employees all the time to pick up parts or what not for jobs.

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 11:48 pm
by Kahrry
baldeagle wrote:
Kahrry wrote:I think I know the answer but we are headed towards Cabelas right now to get a Kahr for my friend. I have a good coupon but have to use my. Cabelas credit card to get the deal. We both have CHL. Can he fill out the paperwork and I buy it or will I have to fill it out.

I wanted to try and ask here first so as not to alert any staff there for any reason. Thanks for the help.
This is how ridiculous our laws have become. It forces you to think in ways that make no sense.

You are going to Cabelas because your friend has decided to purchase a Kahr, right? So, your friend picks out the gun he wants, fills out the paperwork and then the clerk says to your friend, "How do you want to pay for this?" You answer, "I'm buying it for him as a gift." How is that a straw purchase? Your friend showed his CHL, which means he is qualified to purchase the gun. I can't imagine that Cabelas would have a problem with this. If you're really that concerned about it, just answer, "I'm going to put it on my Cabelas card and he's going to write me a check later."
That was the plan but have heard if I buy the gun then i have to fill out the paperwork. I thought straw was buying a gun for someone who was not allowed/capable of buying a firearm. I had no intention of a straw purchase, just wanted to help a good chl friend out with a coupon on a firearm. If I buy a firearm and know I just want to shoot it once for kicks and then sell it, is that intent?

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 11:51 pm
by 03Lightningrocks
baldeagle wrote:
Kahrry wrote:I think I know the answer but we are headed towards Cabelas right now to get a Kahr for my friend. I have a good coupon but have to use my. Cabelas credit card to get the deal. We both have CHL. Can he fill out the paperwork and I buy it or will I have to fill it out.

I wanted to try and ask here first so as not to alert any staff there for any reason. Thanks for the help.
This is how ridiculous our laws have become. It forces you to think in ways that make no sense.

You are going to Cabelas because your friend has decided to purchase a Kahr, right? So, your friend picks out the gun he wants, fills out the paperwork and then the clerk says to your friend, "How do you want to pay for this?" You answer, "I'm buying it for him as a gift." How is that a straw purchase? Your friend showed his CHL, which means he is qualified to purchase the gun. I can't imagine that Cabelas would have a problem with this. If you're really that concerned about it, just answer, "I'm going to put it on my Cabelas card and he's going to write me a check later."
I do believe this would be a felony also. If you lied and said you were buying it for him as a gift when in reality, he is paying you for the weapon.

Re: Question about buying a gun for a friend

Posted: Wed Apr 20, 2011 11:58 pm
by 03Lightningrocks
Kahrry wrote:
baldeagle wrote:
Kahrry wrote:I think I know the answer but we are headed towards Cabelas right now to get a Kahr for my friend. I have a good coupon but have to use my. Cabelas credit card to get the deal. We both have CHL. Can he fill out the paperwork and I buy it or will I have to fill it out.

I wanted to try and ask here first so as not to alert any staff there for any reason. Thanks for the help.
This is how ridiculous our laws have become. It forces you to think in ways that make no sense.

You are going to Cabelas because your friend has decided to purchase a Kahr, right? So, your friend picks out the gun he wants, fills out the paperwork and then the clerk says to your friend, "How do you want to pay for this?" You answer, "I'm buying it for him as a gift." How is that a straw purchase? Your friend showed his CHL, which means he is qualified to purchase the gun. I can't imagine that Cabelas would have a problem with this. If you're really that concerned about it, just answer, "I'm going to put it on my Cabelas card and he's going to write me a check later."
That was the plan but was told if I buy the gun then i have to fill out the paperwork. I thought straw was buying a gun for someone who was not allowed/capable of buying a firearm. I had no intention of committing a felony, just wanted to help a good chl friend out with a coupon on a firearm. If I buy a firearm and know I just want to shoot it once for kicks and then sell it, is that intent?
Yes... that is an illegal purchase. Purchasing a firearm with the intentions of selling it is illegal unless you are an FFL. Test firing the weapon does not change the fact that you bought the weapon with the plan to sell it.

I purchase and trade weapons a few times a year. I never purchase a weapon with the intentions of selling it. I purchase it with the intentions of keeping it and adding it to my collection. Deciding to sell it or trade it later has nothing to do with my intentions at the time of purchase.