Buying a firearm for someone else.

[mcannell]

Hi Everyone,

I have a question about purchasing a handgun and then gifting it to a family member. This family member is over the age of 21. Since there isnt any weapon registration laws in Ohio I figured it's not a big deal to gift a pistol to someone. On the other hand I could be completely wrong. So if anyone has any info on this topic please let me know. Thanks!

[tomfolery]

So YOU are buying a firearm with the INTENTION of giving it to SOMEONE ELSE...correct?

[scriz]

I would honestly just give them the money for said firearm.

I believe this could still be considered a straw purchase. Although, I am not a lawyer.

[JediSkipdogg]

As long as no money exchanges hands, gifting is 100% legal as long as said person can legally own one.

[sodbuster95]

As long as no money exchanges hands, gifting is 100% legal as long as said person can legally own one.

Jedi's got your answer. The question here is whether you're a "proxy" purchaser for another person. In other words, whether you're buying it because the person who actually will take possession either cannot pass the check or doesn't want his name associated with it.

In your case, there's nothing wrong with you buying it in this circumstance and, so long as the intended recipient is lawfully allowed to possess it, there's nothing wrong with gifting it to him.

[BobK]

A legitimate gift is perfectly legal.

When you complete the 4373, realize that you are purchasing the firearm for yourself first, and accepting possession of it. Only after the transaction will you turn around and give a gift. Thus make sure you answer question 11.a as "Yes" (You are the actual buyer).

[2004exrider]

Although both purchaser and reciever of firearm are legal to own it, couldn't this still technically be considered a straw purchase?

Jimmy

[charben]

Although both purchaser and reciever of firearm are legal to own it, couldn't this still technically be considered a straw purchase?

Jimmy

Not if the gift-receiver does not exchange money (or anything else of value for that matter) for the gun. The bottom line is that if the gift-receiver is exchanging anything of value for the gun, then the gun really isn't a gift. That would make the exchange a straw purchase.

[Tourist]

2004exrider,

Normally, it would only be considered a straw purchase if the person receiving the gift gave the person buying the gun the money to buy it because the receiving person is not eligible to buy it.

I suppose that the buyer could use his own money and get some other compensation, and if the receiver is not eligible to buy the gun, it would still be a straw purchase.

Of course charben just said it more concisely.

[2004exrider]

Although both purchaser and reciever of firearm are legal to own it, couldn't this still technically be considered a straw purchase?

Jimmy

Not if the gift-receiver does not exchange money (or anything else of value for that matter) for the gun. The bottom line is that if the gift-receiver is exchanging anything of value for the gun, then the gun really isn't a gift. That would make the exchange a straw purchase.

2004exrider,

Normally, it would only be considered a straw purchase if the person receiving the gift gave the person buying the gun the money to buy it because the receiving person is not eligible to buy it.

I suppose that the buyer could use his own money and get some other compensation, and if the receiver is not eligible to buy the gun, it would still be a straw purchase.

Of course charben just said it more concisely.

Cool, thanks for clearing that up.

Jimmy

[FormerNavy]

2004exrider,

Normally, it would only be considered a straw purchase if the person receiving the gift gave the person buying the gun the money to buy it because the receiving person is not eligible to buy it.

I suppose that the buyer could use his own money and get some other compensation, and if the receiver is not eligible to buy the gun, it would still be a straw purchase.

Of course charben just said it more concisely.

I don't believe this is the case. I don't think that the final recipient of the gun has to be ineligible to buy it himself in order for it to be a straw purchase. For example, you and I can both buy guns and are legally able to own them - if I give you the money to buy it for me, then it's a straw purchase even if I am legally able to otherwise purchase and own it myself.

[Tourist]

FormerNavy,

It seems that in its wisdom the BTAFE has redefined the term "straw purchase". It used to mean buying something for someone who could not buy it him/her self.

You are right the term, as it is used for firearm purchase, does not make the exclusion for someone who could actually buy it for themselves but asks someone else to buy it. Sorry for the confusion.

[charben]

I don't think that the final recipient of the gun has to be ineligible to buy it himself in order for it to be a straw purchase.

Yep, I missed that part of Tourist's comment. It's not a matter of being eligible or not. It's the fact that someone is buying it in the place of another. In other words, if I gave Jake $400 to buy a Glock at his local gun shop, then I later met up with Jake to pay him for the gun, THAT is a straw purchase even though I would have been eligible to purchase the gun on my own.

Now, if Jake was going to buy the gun for me and give it to me as a gift for being a great friend, that's a different story! Hint hint!