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

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  • Huckleberry

    No One of Consequence
    MDS Supporter
    Oct 19, 2007
    23,517
    Severn & Lewes
    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.

    +1

    Actually, a Steak and a BJ really solves everything on your Birthday. And maybe a nice, cold draught beer in a frosted glass served while she's wearing only her favorite perfume and FMPs:D

    I prefer to just go buy my own guns with my own money to ensure I get the gun or rig that I want.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Why is the law stupid? The law also deals with the person wanting to conceal their purchase of a firearm.

    A gives B money to buy a gun, so that there is no record of A buying a gun, even though they cuold legally do so.

    Because FTF transfer is still legal.. see if we want to admit that the Government has a right to know everyone who is buying guns then we must conceede that FTF transfer should be outlawed. Or we could say that the whole idiocy fails IS because its not workable, is an undue burden and does not serve any government interest whatsoever.

    So pick.. keep this up and you will get a gun registration database.
    Which also fails IS.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Yes, but no one is looking to take that one on and get hammered.

    A straw purchase has been against the law for a long time. And the same definition has been used. So it prevents someone from deliberately concealing the purchase of a firearm, versus an unreported transaction.

    Semantics maybe, but that is what the laws are based on.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    Yes, but no one is looking to take that one on and get hammered.

    A straw purchase has been against the law for a long time. And the same definition has been used. So it prevents someone from deliberately concealing the purchase of a firearm, versus an unreported transaction.

    Semantics maybe, but that is what the laws are based on.

    Which makes it a stupid law. As far as the definition its based on trade... as in interstate commerce. That's why they had to prosecute. Its a trade bill not a gun control issue. And it has nothing to do with tracking purchase.. its about tracking the trade in firearms to preserve the commerce clause fiction. Had the court ruled other wise the whole scam fails part. But once 2 4473 were filed the only justification was a trade restriction.. not a crime Prevention measure..

    Now think about the term ' bonifide gift'. Now ask if you want atf to get a free shot to decide what is or is not a bonifide gift.. .. here's something to think on....what if gifts are exchanged of comparable value... is that a barter? Is That a straw purchase?
    I bet atf will say yes if they want to protect the commerce clause scam.

    No, do not gift firearms unless to minors and only then from patent to child... not even atf is going to call that ' commerce' at least not yet.

    But we can call it what it is. It is a stupid law intended to support federal overreach..a trade bill not a crime bill.. it fails to do anything about crime..
     
    Last edited:

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,085
    Or, if she knows which one she's getting, she goes to the store, buys it, fills out the paperwork, then gives it to you- just like any other thing you buy for someone as a gift. I don't know why people get so freaked out over this.

    Cause that's illegal. Not to pick nits or anything.
     

    rseymorejr

    Ultimate Member
    MDS Supporter
    Feb 28, 2011
    26,262
    Harford County
    The problem is that we are so beat down in this state that people are reluctant to do something that is perfectly legal.
    That's a pretty effective type of gun control, when you can make people afraid to exercise their rights.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Which makes it a stupid law. As far as the definition its based on trade... as in interstate commerce. That's why they had to prosecute. Its a trade bill not a gun control issue. And it has nothing to do with tracking purchase.. its about tracking the trade in firearms to preserve the commerce clause fiction. Had the court ruled other wise the whole scam fails part. But once 2 4473 were filed the only justification was a trade restriction.. not a crime Prevention measure..

    Now think about the term ' bonifide gift'. Now ask if you want atf to get a free shot to decide what is or is not a bonifide gift.. .. here's something to think on....what if gifts are exchanged of comparable value... is that a barter? Is That a straw purchase?
    I bet atf will say yes if they want to protect the commerce clause scam.

    No, do not gift firearms unless to minors and only then from patent to child... not even atf is going to call that ' commerce' at least not yet.

    But we can call it what it is. It is a stupid law intended to support federal overreach..a trade bill not a crime bill.. it fails to do anything about crime..

    If I give you an Xmas gift, and you give me one, and one of them happens to be a firearm, and the gifts are similar in value, that is not barter. We could even agree to the amount to spend on gifts.

    If I tell you give me X firearm as a gift and I will give you something the same value, that is barter.

    I am rather conservative on gun laws, but this is even too far for me. :)

    And I would suspect that the relationship between the people invovled could bear on what the BATFE would think of the gift. Boyfriend/Girlfriend, Husband/Wife, Parent/Child, any blood relation, should be fine.

    Between you and me? I don't think so. :)
     

    Huckleberry

    No One of Consequence
    MDS Supporter
    Oct 19, 2007
    23,517
    Severn & Lewes
    Not limited to one day a year, but to have an EXTRA excuse. :)

    If you need an excuse or Hallmark Holiday then you really don't want a BJ bad enough.

    And it doesn't have to be a steak, breakfast in bed after she's chomped the morning wood is also a nice way for her to say how much she appreciates all your hard work.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    If I give you an Xmas gift, and you give me one, and one of them happens to be a firearm, and the gifts are similar in value, that is not barter. We could even agree to the amount to spend on gifts.

    If I tell you give me X firearm as a gift and I will give you something the same value, that is barter.

    I am rather conservative on gun laws, but this is even too far for me. :)

    And I would suspect that the relationship between the people invovled could bear on what the BATFE would think of the gift. Boyfriend/Girlfriend, Husband/Wife, Parent/Child, any blood relation, should be fine.

    Between you and me? I don't think so. :)

    Right... but let's say atf wants leverage... or they want a waiver of spousal privilege... think they will not push the limit. . Its about power and abuses of power not the law.

    Now if the giftee is of age and not prohibited I think 'surprise' is a poor reason to give atf a free shot. Give cash.... keep firearms out of it.

    Now as an FFL I want no part of this...there is very little substantive due process afforded to FFL 'S from what I have observed...
     

    HawaiiMark

    Member
    Aug 2, 2014
    76
    Tampa, FL
    Line of ownership is clear. From manufacturer to dealer (possibly through a distributor) to the person who bought it to YOU.

    If you are paranoid, just document the gift.

    I am just more comfortable having that line of ownership come to me. Legally guns are like walking in a minefield. I have no other possessions that require as much caution for both my physical and legal safety. I am legally restricted where I can drive, where I can use it and what condition my firearm is in while being transported. This is to be expected, this is the only thing I own that is designed to kill when used as designed.

    Do I need to transport my firearms in a locked case? The law does not require it and legally a holster with a strap is sufficient assuming it is unloaded however I air on the side of caution and lock my cases. I want to be beyond reproach if an officer or court of law were to question me.

    I feel the same way about the chain of ownership, I want it to be beyond reproach. The law can be blind to good intentions and wife or girlfriend of a gangbanger who buys her man a gun is legally the same as my wife doing the same. Many times Maryland prosecutors will push a case that does not pass a sanity test but meets the letter of the law for either a political agenda or another notch on the conviction tally.

    I am hoping that next year is my last year in Maryland.
     

    wilcam47

    Ultimate Member
    Apr 4, 2008
    26,078
    Changed zip code
    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.

    :thumbsup::thumbsup:Yup...she should have just bought it for "herself" and went home and gave it to her soon to be hubby...
     

    Haides

    Ultimate Member
    Oct 12, 2012
    3,784
    Glen Burnie
    This is to be expected, this is the only thing I own that is designed to kill when used as designed.

    Funny, all my guns must be broken then. They haven't hurt a thing other than dirt & paper.

    Guns are not designed to kill, they're designed to expel a projectile accurately down-range. What one decides to use that function for is on them.

    On topic- Face to face transfers are legal in most of America, and even here in Maryland on most rifles and shotguns. How then, can the government tell you it is fine to accept payment for something, but illegal to do it for free? I mean jeez, making prostitution illegal is already dumb, imagine how stupid it would be if it was the other way around...
     

    wilcam47

    Ultimate Member
    Apr 4, 2008
    26,078
    Changed zip code
    Funny, all my guns must be broken then. They haven't hurt a thing other than dirt & paper.

    Guns are not designed to kill, they're designed to expel a projectile accurately down-range. What one decides to use that function for is on them.

    On topic- Face to face transfers are legal in most of America, and even here in Maryland on most rifles and shotguns. How then, can the government tell you it is fine to accept payment for something, but illegal to do it for free? I mean jeez, making prostitution illegal is already dumb, imagine how stupid it would be if it was the other way around...

    kill is a vague term...mine have been used to kill varmints/wildgame etc no humans though..
     

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