Is my Fiancee alowed to buy me a gun if im not a criminal?

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  • Vrablic

    Member
    Mar 27, 2014
    8
    She tried going to dicks to buy me a bolt .22 for my birthday and they told her she wouldn't be allowed to. They were very rude to her. I have federal clearance for my job and own a lot of weapons that are in my name. Im not a criminal. Can they do this?
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    She tried going to dicks to buy me a bolt .22 for my birthday and they told her she wouldn't be allowed to. They were very rude to her. I have federal clearance for my job and own a lot of weapons that are in my name. Im not a criminal. Can they do this?

    She can buy you a gun as a gift. The instructions to Form 4473 specifically state that, so long as to the best of her knowledge you are not prohibited from owning a firearm.

    Here is the Form 4473

    https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

    Go and read the instruction to question 11.a.

    Essentially, it says that the person filling out the Form 4473 is the transferree if he/she is legitimately purchasing the firearms as a gift for a third party.

    So, if she is buying the gun as a gift to you, it is all good.

    If she is buying the gun for you, and you are paying for the gun, it is all bad, especially if you are prohibited from owning a gun.

    I would have copied the applicable instruction for Question 11.a., but the pdf does not give me the ability to copy from it.
     
    Feb 28, 2013
    28,953
    She tried going to dicks to buy me a bolt .22 for my birthday and they told her she wouldn't be allowed to. They were very rude to her. I have federal clearance for my job and own a lot of weapons that are in my name. Im not a criminal. Can they do this?

    If the paperwork is in your name, and she is merely picking up the tab, I can't see why it would have been a problem.
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,412
    Gun stores have discretion to terminate any sale they think is a straw purchase, so CAN they do it? Yup. Depending on the store, some use a more or less conservative filter for this. Legally, the behavior you're describing is completely in the clear. There are plenty of shops that would feel comfortable going forward with the sale. Usually they just want the person that is going to get the gun in the end to do the paperwork. Legally, you'd even be fine with her buying the gun and then just giving it to you as a gift at a later time.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    If the paperwork is in your name, and she is merely picking up the tab, I can't see why it would have been a problem.

    That could be viewed as a straw purchase too, especially if she gets to shoot the firearm and/or has access to it. Of course, if she isn't prohibited it isn't a big deal. Then again, there was a recent case about this where somebody bought a firearm with the intent of selling it immediately to a relative. Verdict, GUILTY.

    Not completely on point, but it shows how ridiculous the law can be:

    http://www.cnn.com/2014/06/16/justice/supreme-court-straw-purchase/
     

    Crab Bait

    Ultimate Member
    Mar 2, 2011
    1,372
    Pasadena
    11a

    highlighted area...
     

    Attachments

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    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,492
    Carroll County!
    If you are standing there and saying .."thats the one I want" its not going to work as a gift
    If she was there by herself, it should have been no problem. Thing is , people talk to much.
     
    Feb 28, 2013
    28,953
    That could be viewed as a straw purchase too, especially if she gets to shoot the firearm and/or has access to it. Of course, if she isn't prohibited it isn't a big deal.

    That's basically how it went when I bought the wife's AR. The only question the dealer had was about our last names being different. Our ID's cleared that up.

    She did the app, and was the subject of the NICS call. If necessary I woulf have even let him do one on me too, to set his mind at ease.


    Then again, there was a recent case about this where somebody bought a firearm with the intent of selling it immediately to a relative. Verdict, GUILTY.

    Not completely on point, but it shows how ridiculous the law can be:

    http://www.cnn.com/2014/06/16/justice/supreme-court-straw-purchase/

    That was incredibly stupid. Intent of a law should count for something, and as long as that guy's uncle didn't show up as prohibited, it should not have been any problem.

    Sounds like someone had a case of loose lips.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    That's basically how it went when I bought the wife's AR. The only question the dealer had was about our last names being different. Our ID's cleared that up.

    She did the app, and was the subject of the NICS call. If necessary I woulf have even let him do one on me too, to set his mind at ease.




    That was incredibly stupid. Intent of a law should count for something, and as long as that guy's uncle didn't show up as prohibited, it should not have been any problem.

    Sounds like someone had a case of loose lips.

    Well, SCOTUS took a firearms related case, and screwed the poor guy. Think Congress will change the law, or the guy will receive a Presidential pardon?

    As they continue to pass more and more laws, more and more of us will become criminals.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,407
    Glen Burnie
    I never understand the " Buy a gun as a gift" thing.
    "Here honey. Here's the cash for that gun you wanted. Happy Birthday." Seems to solve everything.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    If you are standing there and saying .."thats the one I want" its not going to work as a gift
    If she was there by herself, it should have been no problem. Thing is , people talk to much.

    It SHOULD work as a gift, even if you are standing there.

    But the BEST way to deal with this, is to have her give you the money or a gift card, and you buy it.

    Next best, she goes and buys it, and DOES NOT SAY ANYTHING ABOUT A GIFT.
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,407
    Glen Burnie
    It SHOULD work as a gift, even if you are standing there.

    But the BEST way to deal with this, is to have her give you the money or a gift card, and you buy it.

    Next best, she goes and buys it, and DOES NOT SAY ANYTHING ABOUT A GIFT.

    Amen.
     

    Objee

    Active Member
    Oct 3, 2013
    610

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    I never understand the " Buy a gun as a gift" thing.
    "Here honey. Here's the cash for that gun you wanted. Happy Birthday." Seems to solve everything.

    Yeah, but it doesn't have any surprise effect. Kind of like a kid opening a new Browning 12 gauge BPS on Christmas when the gun had just come out. Think I was 8 years old. Granted, I could not have bought the gun for myself anyway at 8 yeas of age and my dad could not have legally transferred it to me either.

    Would really be shocked if my wife had a Beretta SO6 under the tree for me one year, but she and I have an agreement. I don't buy her purses or jewelry without her telling me exactly what she wants and she does not buy me guns, shooting gear, hunting gear, fishing gear, cycling gear, or tools without me telling her exactly what I want. In reality, we are only asking for permission to buy what we want since our money is all joint.

    However, some people like to surprise a loved one with a gun gift. Had a girlfriend of a law school buddy buy him a Stoeger o/u for Christmas.
     

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