View Full Version : Yet another gun purchase question.......
Bitter Clinger
09-17-2011, 08:28
So my sis's B-day is Monday. Her boyfriend and I want to go in on a pistol for her. We are all 3 100% legal to own. Is it leagal to combine cash to buy her a pistol?
JohnTRourke
09-17-2011, 08:36
sure
but one person needs to buy it. "question #1 are you the actual buyer of this firearm" (i.e. combine the money before you go in)
but there's no law against gifting it to her (as long as she is legal to own)
You are good to go. As long as the one buying it is legal and the one receiving it is legal.
SouthPaw
09-17-2011, 10:37
You are good to go. As long as the one buying it is legal and the one receiving it is legal.
Just don't make it a point to make it sound like you are purchasing it for someone else. Gun stores tend to stay away from that sort of stuff because it usually comes out wrong.
It all else fails and they don't want to sell you it because its for your sister. Just tell them you are a drug dealer from the Mexican cartel and you are sending it south of the border to arm the gangs down there. Sure they can get Military hardware for less but sometimes a civial gun in the wrong hands helps those in power. The ATF will have to let you buy it.
Or get her a ninja sword. Chicks love swords.
don't do any of the above I was just joking.
Tell her that you want to buy her a gun and take her down there to pick it out. It will still look like a straw purchase no matter what. But offer to run the background check instead of the one getting the gun if it makes them feel better.
Damn that is a tough nut to crack.
rockhound
09-17-2011, 11:50
saw this type of transaction at the gun show a few months ago. i would let her buy the gun and reimburse her or get her a $500 gift card and just go with her that way she is just spending her birthday money.
SideShow Bob
09-17-2011, 12:12
Give her the cash to get the gun, a card will cost her 3% more at most gun shops. Gift card, debit card or cretit card are all treated the same. But a gift card from the gun shop that she will buy from may be different.
Another way to look at how this sale will be processed:
Take the final recipient out of the equation, as we know that giving of a firearm as a gift is allowed as long as they are legal, so what you have is the following scenario-
You: Hey, Mike(life long friend), this gun show vendor has a great deal on this XYZ AR in .416 Remington, but I'm a couple hundred short....got any cash?
Mike: Sure
You: (buys rifle)
No legal issues
hammer03
09-17-2011, 14:43
Or better yet... Have the friend give you cash before you go anywhere. Show up by yourself, buy the gun, take it home, give it to the sister. No looking sketchy, no extra questions, and everyone goes home happy. Even if you want to take him with you, just get the cash from him before you go. Not in the parking lot on the way inside, not at the cash register.
That's my 0.02 though
BlasterBob
09-17-2011, 15:17
So my sis's B-day is Monday. Her boyfriend and I want to go in on a pistol for her. We are all 3 100% legal to own.
All of the responses to your question sound fine and this is all good just as long as she is currently a COLORADO RESIDENT and over 21 years of age since it is a handgun.
Now, I'll bet someone will certainly argue this point.[Tooth]
A wife buys her husband a Smith and Wesson mod. 29 44 magnum for their anniversary. She buys it takes it home raps it up in paper or puts it in a bag with tissue on top. Maybe, makes a little joke of it and puts a toy gun like the one he's been hinting at on top or something useless like razors or jewelry to through him off the scent. That's ok.
Why, because he has worked so hard all year and taken great care of her and deserves something nice.
What's my point?
Nothing, just writing this in case my womenz going to be reading this later. Hint hint.
BushMasterBoy
09-17-2011, 16:38
So my sis's B-day is Monday. Her boyfriend and I want to go in on a pistol for her. We are all 3 100% legal to own. Is it leagal to combine cash to buy her a pistol?
Yeah it's leagal.
Signed "Leagal Beagle"[BDay]
Chad4000
09-17-2011, 18:11
Just dont tell them its for somebody else, and youll be fine.. I've done it at least a handful of times...
Chad4000
09-17-2011, 18:12
A wife buys her husband a Smith and Wesson mod. 29 44 magnum for their anniversary. She buys it takes it home raps it up in paper or puts it in a bag with tissue on top. Maybe, makes a little joke of it and puts a toy gun like the one he's been hinting at on top or something useless like razors or jewelry to through him off the scent. That's ok.
Why, because he has worked so hard all year and taken great care of her and deserves something nice.
What's my point?
Nothing, just writing this in case my womenz going to be reading this later. Hint hint.
Lol lol haha haha!!!!!!!!!!![ROFL1]
Byte Stryke
09-17-2011, 19:26
I Bought my Wife her P238 at 5280 Armory.
Told Gina I was doing it
Wife was there and picked it out and said "I Want that one."
I Did paperwork, no issues.
I Can't quote it but there is a provision for gifting it so long as you have no reason to believe the person cannot legally own or possess a firearm.
Circuits
09-17-2011, 22:25
All of the responses to your question sound fine and this is all good just as long as she is currently a COLORADO RESIDENT and over 21 years of age since it is a handgun.
Now, I'll bet someone will certainly argue this point.[Tooth]
You do not have to be 21 to own a handgun in Colorado.
You have to be 21 to buy a handgun from a licensed dealer anywhere in the United States, but that's a federal trade regulation that applies to business conducted by dealers, not to legal purchase or ownership not involving dealers.
Transactions not involving federally licensed dealers are subject only to state law, and Colorado state law says you have be to 18 to possess or purchase a firearm, with some provisions for the under-18 crowd involving parental/guardian permission and written permission slips, etc.
Great-Kazoo
09-18-2011, 07:10
You do not have to be 21 to own a handgun in Colorado.
You have to be 21 to buy a handgun from a licensed dealer anywhere in the United States, but that's a federal trade regulation that applies to business conducted by dealers, not to legal purchase or ownership not involving dealers.
Transactions not involving federally licensed dealers are subject only to state law, and Colorado state law says you have be to 18 to possess or purchase a firearm, with some provisions for the under-18 crowd involving parental/guardian permission and written permission slips, etc.
This.
sure
but one person needs to buy it. "question #1 are you the actual buyer of this firearm" (i.e. combine the money before you go in)
but there's no law against gifting it to her (as long as she is legal to own)
This^
You are good to go. As long as the one buying it is legal and the one receiving it is legal.
This^^
Just don't make it a point to make it sound like you are purchasing it for someone else. Gun stores tend to stay away from that sort of stuff because it usually comes out wrong.
and this ^^^
Done.
Happy birthday to your sister, and sounds like a great gift you are getting her
BlasterBob
09-18-2011, 09:14
You have to be 21 to buy a handgun from a licensed dealer anywhere in the United States, but that's a federal trade regulation that applies to business conducted by dealers, not to legal purchase or ownership not involving dealers.
Oops, I guess I should NOT have assumed that this handgun would be purchased from a FFL dealer with the 4473 and all that stuff.
I guess I was just thinking of what ATF could possibly consider a straw purchase. Yeah, I know that it's OK to make the pistol a gift but there is still a little gray area here.
A straw purchase is where the buyer purchases a firearm for someone who CANNOT make the purchase themselves. If the lady who is referred to in the OP's thread is not 21 or over, then she could not go into that shop and buy the handgun for herself. Yeah, this is a gray area but could still be questionable as being a straw purchase. OK, now I am sure none of us are going to worry about such a requirement but it could prove to be bad for the actual purchaser especially if the ATF has already been watching him for some reason and just waiting for the purchaser to make a purchase that THEY believe to be a straw purchase. Yeah, I know that this is just a damn remote possibility......[Tooth]
Great-Kazoo
09-18-2011, 09:19
Oops, I guess I should NOT have assumed that this handgun would be purchased from a FFL dealer with the 4473 and all that stuff.
I guess I was just thinking of what ATF could possibly consider a straw purchase. Yeah, I know that it's OK to make the pistol a gift but there is still a little gray area here.
A straw purchase is where the buyer purchases a firearm for someone who CANNOT make the purchase themselves. If the lady who is referred to in the OP's thread is not 21 or over, then she could not go into that shop and buy the handgun for herself. Yeah, this is a gray area but could still be questionable as being a straw purchase. OK, now I am sure none of us are going to worry about such a requirement but it could prove to be bad for the actual purchaser especially if the ATF has already been watching him for some reason and just waiting for the purchaser to make a purchase that THEY believe to be a straw purchase.[Tooth]
IF the feds are "watching" him they have a serious problem and nothing he does will change the outcome of a fed investigation, with out a very expensive lawyer.
Buy the gun and stop over thinking something.
BlasterBob
09-18-2011, 09:26
IF the feds are "watching" him they have a serious problem and nothing he does will change the outcome of a fed investigation, with out a very expensive lawyer.
Buy the gun and stop over thinking something.
Sorry but I was just thinking of the various possibilities, one being considered a straw purchase. I'll keep my over thinking to myself in the future.[Beer]
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