Purchase of Stripped Lower by Parent

[Draco20]

I know most of us aren't lawyers on here, but I was looking for some opinions on something that came to mind. What sort of trouble could I encounter if I had my father who lives in PA purchase a stripped lower in his name. I then purchase all the other parts to complete the build. The gun stays in PA and I shoot it when I'm home for a visit. And then some years down the road, when I move out of MD, I look to have it transferred to me. Thoughts?

 

[HiballHiside]

At face value it sounds like a Straw Purchase. It's creative and I don't see any issues.

I am not a lawyer.

 

[fivepointstar]

of course

your dad could buy a complete AR15 and you can use it. when you move of MD you can transfer the rifle into your name or he can give it to you depending on what the state laws are.

 

[Ungermc]

My take:

If the gun stays in PA and your father (a PA resident) maintains physical ownership of it according to PA law (if registration is required, etc.), then you should be fine. He is loaning you the gun while you are visiting and provided you can legally possess a firearm, no foul here. Once you move to PA, you can do a transfer of ownership per PA law as/if required.

 

[90gsx]

Kind of borderline straw purchase but I think it would be ok as long as it stays in his possession and you do not bring it into MD

 

[Ungermc]

I don't think Straw purchase is invoked here, his father purchased the lower legally, assembled the gun for his possession with no intention of immediate transfer to his son. His son simply uses his father's gun while visiting and the gun is never transported into MD. At some latter date, his son moves to PA, become a legal resident and his father then gifts him the gun per PA law. If performed in this fashion, this purchase does not meet the tests for a Straw purchase and is totally legal.

 

[pitpawten]

Yeah, if he gave it to you permanently while still registered in his name then it would be a straw purchase.

Otherwise even purchasing with the intent to give to someone else as a gift in the future (with proper transfer) still isnt a Straw purchase.

 

[rseymorejr]

I think it's a great idea. You Father supplies a lower, you supply all the other parts to build his rifle. He keeps it at his house and let's you shoot it whenever you want to. Some day you escape through the iron curtain and he gives you the gun. Anybody who would have a problem with that is just jealous that they don't have any family in America.

 

[browning guy]

No issue, sounds to me like you are building a rifle for your dad and he is letting you use it when you visit America, If you move out of Maryland you are subject to that states gun laws and Maryland can kiss your ass.

 

[Gbh]

You are buying unregulated parts and accessories for his gun. Happy Father's day to him.

Someday, he decides to give it to you. Happy Birthday to you.

No problem.

 

[Devil Dog]

If you stay in MD you can legally inherit it from him upon his death. As long as he legally possessed it. There is no Oct 1, 2013 cutoff on inheritance.

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[sm00kingwrx]

even banned?

even if the gun is banned, the inherit clause will allow it to enter MD?

If you stay in MD you can legally inherit it from him upon his death. As long as he legally possessed it. There is no Oct 1, 2013 cutoff on inheritance.

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[Devil Dog]

even if the gun is banned, the inherit clause will allow it to enter MD?

Yep. Check out section 4-302 (5).

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[Draco20]

Thanks for the thoughts guys. I really wanted to try my hand at building one, but didn't have the funds available prior to Oct. 1. Thought this would be a good way to build one while hopefully not breaking the law.

 

[TripleEight]

Anyone here who considers this a straw purchase probably also considers gun shops renting guns a straw purchase. Same concept. Not a straw purchase IMO.

 

[Devil Dog]

Anyone here who considers this a straw purchase probably also considers gun shops renting guns a straw purchase. Same concept. Not a straw purchase IMO.

Agree

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[Pinecone]

It could be a straw purchase if YOU purchase the lower, by giving your father the money.

Or, if the BATF decides that you doing what you are doing is having someone purchase a firearm for someone who legally cannot purchase the firearm.

But, IMO, you will be OK, as long as you don't do anything stupid. But IANAL.

 

[Omaha419]

I would say it's ok. It's the burden of the courts to prove that you "own" the rifle, and not your dad.

 

[teratos]

Perfectly fine. It is in your father's name and his possession as well. He can lend you the gun if you want to shoot it. No laws are broken.

 

[trbon8r]

Stop with the straw purchase paranoia. The rifle is staying in the father's possession for the foreseeable future. The OP is fine. The only thing I would suggest is to get your dad to buy more than one lower. Who knows what sort of legislation will be coming in the future.