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Old December 6th, 2017, 11:52 AM #31
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Quote:
Originally Posted by gscott View Post
Surprised no one mentioned this, but buying a firearm as a gift could be seen as a straw purchase. There is a question on the 4473 that asks if the gun is for you. I don't know what happens when you say it is not for you. But buying one with the intent to gift it has been found to be a straw purchase in the courts. I recommend giving a gift of a note that is promise to pay for him to buy the rifle, or gift certificate, or something like that.
Only if the other person is prohibited from owning a firearm.

You can legally gift a firearm to a law-abiding person.
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Old December 7th, 2017, 01:43 AM #32
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Not true. The case I cite was a guy who bought for his father. His father also passed the BGC for the transfer. But court decided his intent was to buy for his father (to avoid sales tax). Straw purchase. Punished. I don't like it but true case.
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Old December 8th, 2017, 12:28 AM #33
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Purchasing an M1

I’m a former Marine and M1 enthusiast. I specialize in M1s and can help out your friend. Drop me a note and let’s talk about a few sources available to her.
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Old December 8th, 2017, 07:11 AM #34
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Quote:
Originally Posted by gscott View Post
Not true. The case I cite was a guy who bought for his father. His father also passed the BGC for the transfer. But court decided his intent was to buy for his father (to avoid sales tax). Straw purchase. Punished. I don't like it but true case.
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Old December 8th, 2017, 10:42 AM #35
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Quote:
Originally Posted by gscott View Post
Not true. The case I cite was a guy who bought for his father. His father also passed the BGC for the transfer. But court decided his intent was to buy for his father (to avoid sales tax). Straw purchase. Punished. I don't like it but true case.
Please cite the case. It was not Abramski v. United States.

In that one the Supreme Court decided it was not a gift.
https://www.nssf.org/supreme-court-d...earms-illegal/

Giving a firearm as a gift:
Quote:
There’s no federal law that prohibits a gift of a firearm to a relative or friend that lives in your home state. Abramski v. United States, a recent Supreme Court decision involving a “straw purchase” of a firearm did not change the law regarding firearms as gifts. The following states (California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island, Washington State) and the District of Columbia require you to transfer a firearm through a local firearms retailer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun. Maryland and Pennsylvania require a background check for private party transfer of a handgun. There are exceptions, so it’s important to carefully check the law of your state or ask your local firearms retailer.
https://www.nssf.org/giving-a-firear...ers-from-nssf/
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Old December 8th, 2017, 09:44 PM #36
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Yes. That is the exact case. And just as your second link says, the ATF recommends you buy a gift certificate to give "Dad as his present. That way he’ll get the exact gun he wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase."

Abramson bought the gun with the intent to give to his father or uncle, and even thought they transferred the gun legally after the initial purchase he got busted for being a "straw man".

The OP is wanting to buy a gun for someone else, that is different than just gifting someone a gun. I would proceed cautiously, and certainly would not post my intent on the internet for all to see.
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Old December 8th, 2017, 11:13 PM #37
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Quote:
Originally Posted by gscott View Post
Yes. That is the exact case. And just as your second link says, the ATF recommends you buy a gift certificate to give "Dad as his present. That way he’ll get the exact gun he wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase."

Abramson bought the gun with the intent to give to his father or uncle
, and even thought they transferred the gun legally after the initial purchase he got busted for being a "straw man".

The OP is wanting to buy a gun for someone else, that is different than just gifting someone a gun. I would proceed cautiously, and certainly would not post my intent on the internet for all to see.
You really should read the actual case:

Quote:
In the fall of 2009, Petitioner Bruce Abramski’s
elderly uncle decided he wanted a gun to protect himself
inside his home. He went to petitioner for advice because
petitioner was a former police officer and had experience
with firearms. Petitioner told his uncle that he could obtain
a law enforcement discount at gun stores and offered to
buy the gun for his uncle to save him some money
.
Quote:
After determining that the gun transfer would be
legal, petitioner’s uncle sent him a check to cover the cost
of the gun.
Petitioner then went to a local gun store and
bought the gun. As part of the necessary paperwork and
background check, petitioner filled out ATF Form 4473,
discussed supra at 8-10. Petitioner checked the “Yes” box
in response to question 11.a, indicating that he was the
actual buyer. SA-1.
http://www.scotusblog.com/case-files...united-states/

Gift?

The OP is helping someone else to buy the gun nothing said about the OP buying.
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Old December 10th, 2017, 08:48 AM #38
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Quote:
Originally Posted by gscott View Post
Yes. That is the exact case. And just as your second link says, the ATF recommends you buy a gift certificate to give "Dad as his present. That way he’ll get the exact gun he wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify on the Federal Form 4473 at the time of purchase."

Abramson bought the gun with the intent to give to his father or uncle, and even thought they transferred the gun legally after the initial purchase he got busted for being a "straw man".

The OP is wanting to buy a gun for someone else, that is different than just gifting someone a gun. I would proceed cautiously, and certainly would not post my intent on the internet for all to see.
You really need to read the case.

In that case, the uncle PAID for the firearm. It was NOT a gift.
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Old December 10th, 2017, 09:07 AM #39
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As I recall, the damning evidence was the canceled check the son received from his father, on which the father had written the memo, "FOR GLOCK."


Lesson- do not write memos.
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Old Yesterday, 10:04 PM #40
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Took apart and put back together 3 of 6 M1's. Really not that difficult. I think disassembly and reassembly of a Ruger pistol is harder good news so far nothing is bent or broken. bad news is they rifles are in dire need of cleaning. I have to take apart the bolts on 2 because they are really gritty. I think thats the major problem with them not firing.
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