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View Full Version : I want the gun, I DROS, wife pays w/ her CC. Legality?


Nodda Duma
08-09-2010, 8:53 PM
Ok what's the legality? I want to get a pistol. I DROS, the pistol will be registered to me, and we want to put it on my wife's charge card.

This is or isn't a straw purchase, since I will pass background check and DROS, have HSC, etc?

We're visiting in-laws and wife has ok'ed me getting a Beretta at Bass Pro in Rancho Cucumunga (sp?), but I don't have my card with.

I'm afraid I know the answer but can't look it up.

ojisan
08-09-2010, 9:03 PM
It is not a straw purchase.
It's legal except in a manly kind of way.
I suspect your wife doesn't let you have a credit card.
You really shouldn't go public with this kind of info.
Go fix or build something using at least one power tool in the process to restore your manhood.
Gosh, what some people will post on the internet...

:p :D

SoCal Gunner
08-09-2010, 9:07 PM
^ LMAO

thayne
08-09-2010, 9:08 PM
better get yourself a leatherman tool too and keep it on your belt at all times. :43:

Mstrty
08-09-2010, 9:08 PM
Paranoid dealers will not sell you a gun unless the money comes from your wallet or pocket. Others its not an issue. I had a dealer refuse to sell me a gun once I turned to my wife and ask her for the cash that we had in her purse. Married 21 years its OUR purse according to California law. They didnt accept my argument. Its their store they get to have whatever policy they want. After a brief discussion with the owner I was able to pay by credit card out of my wallet. I would just call dealers before you show up. Tell them your intentions and they will tell you what they can do for you.

BigDogatPlay
08-09-2010, 9:10 PM
It is not a straw purchase.
It's legal except in a manly kind of way.
I suspect your wife doesn't let you have a credit card.
You really shouldn't go public with this kind of info.
Go fix or build something using at least one power tool in the process to restore your manhood.
Gosh, what some people will post on the internet...

Well that was much nicer than throwing the flag for a man card violation.... :)

The purchase as described would not be straw, it becomes a question of whether or not the FFL is comfortable with it as well noted above.

Nodda Duma
08-09-2010, 9:12 PM
Please.

I take care of my woman, she takes care of me. Nothing unmanly about a gift from the wife.

So sounds like we'll get a gift card at the front of the store before I head to the gun counter. :P

-Jason

Mstrty
08-09-2010, 9:16 PM
Please.

I take care of my woman, she takes care of me. Nothing unmanly about a gift from the wife.

So sounds like we'll get a gift card at the front of the store before I head to the gun counter. :P

-Jason

Brilliant!

Nodda Duma
08-10-2010, 5:42 PM
Gift card worked and the 92fs was on sale!

OleCuss
08-10-2010, 5:48 PM
Gift card worked and the 92fs was on sale!

I'm glad it worked and you're happy.

Of course, it is obligatory to point out that having a 9mm can also get your man card revoked. Even .40 S&W is iffy - and .45 ACP is what every male should carry.

J/k - I have a 9mm and a .40 S&W. And after having the M9 as my assigned sidearm for quite a few years I've considered getting the same weapon you just got. I'll probably stick with my Tupperware guns for now, though.

RSC
08-10-2010, 5:52 PM
I'm glad it worked and you're happy.

Of course, it is obligatory to point out that having a 9mm can also get your man card revoked. Even .40 S&W is iffy - and .45 ACP is what every male should carry.

J/k - I have a 9mm and a .40 S&W. And after having the M9 as my assigned sidearm for quite a few years I've considered getting the same weapon you just got. I'll probably stick with my Tupperware guns for now, though.


Hey, it's not about the size, it's about how you use it! ;)

9 Para rules:D

Vox
08-10-2010, 5:56 PM
I'm glad it worked and you're happy.

Of course, it is obligatory to point out that having a 9mm can also get your man card revoked. Even .40 S&W is iffy - and .45 ACP is what every male should carry.

J/k - I have a 9mm and a .40 S&W. And after having the M9 as my assigned sidearm for quite a few years I've considered getting the same weapon you just got. I'll probably stick with my Tupperware guns for now, though.

I've never heard the term "tupperware gun" care to enlighten me please?

Peter W Bush
08-10-2010, 6:13 PM
I've bought a shotgun with my mothers CC at Big 5. Some places don't care.

kidrice
08-10-2010, 6:14 PM
It is not a straw purchase.
It's legal except in a manly kind of way.
I suspect your wife doesn't let you have a credit card.
You really shouldn't go public with this kind of info.
Go fix or build something using at least one power tool in the process to restore your manhood.
Gosh, what some people will post on the internet...

sorry...but bwuahahahahahahahahaha. that made me laugh.

OleCuss
08-10-2010, 6:20 PM
I've never heard the term "tupperware gun" care to enlighten me please?

Glock is what that typically refers to. The idea is that the pistol is made out of plastic like Tupperware. Not strictly true but close enough to allow for denigration of the firearm. As you know, there are now many pistols which are equally deserving to be called a "Tupperware gun" but I still hear it mostly applied to Glocks.

Vin496
08-10-2010, 6:22 PM
Paranoid dealers will not sell you a gun unless the money comes from your wallet or pocket. Others its not an issue. I had a dealer refuse to sell me a gun once I turned to my wife and ask her for the cash that we had in her purse. Married 21 years its OUR purse according to California law. They didnt accept my argument. Its their store they get to have whatever policy they want. After a brief discussion with the owner I was able to pay by credit card out of my wallet. I would just call dealers before you show up. Tell them your intentions and they will tell you what they can do for you.

Had this happen to me once also, at a dealer who had sold me 2 pistols just the day before.

They told me they knew nothing was funny, but the ATF had made it clear that that if they saw the money come from another party, then it was considered straw.

Grant it, this is also on the border, so the ATF may be a little bit more uptight about it here other places.

My Sister in Law has been contacted about a Glock she bought and they just wanted to verify she still had it a week after the purchase.

Vox
08-10-2010, 6:23 PM
Glock is what that typically refers to. The idea is that the pistol is made out of plastic like Tupperware. Not strictly true but close enough to allow for denigration of the firearm. As you know, there are now many pistols which are equally deserving to be called a "Tupperware gun" but I still hear it mostly applied to Glocks.

that's what I figured...

Would the object of my desire, a Springfield XD qualify as "Tupperware"?

OleCuss
08-10-2010, 6:26 PM
that's what I figured...

Would the object of my desire, a Springfield XD qualify as "Tupperware"?

If one figures that the make-up of the firearm is similar, probably. But in my somewhat limited experience it is much less likely to be called "Tupperware" whether or not it is as deserving as a Glock.

a1c
08-10-2010, 8:09 PM
I've bought two firearms for my wife (it's hers, and she did the DROS) using my debit card. Not a problem.

audiopro74
08-10-2010, 9:01 PM
Bass pro in manteca would not let me half my girls shotgun with her. Had to put it all on her card then i gave her a check.

gemini1
08-10-2010, 9:17 PM
Does this happen only in Cali? The only pistol I own was paid for by my sister. I spent some time in Florida years ago to help my sis get acclimated as a new immigrant. One of the things I convince her of doing is getting a gun for self defence, we both went to a gun store and each chose the pistols we like and she paid for both. Gun store owner gladly issued separate receipts and was helpful enough to show us to places where we can shoot and get training/seminar for CCW.

383green
08-10-2010, 11:35 PM
OP, ask your wife to buy you a nice dress to match your new gun. :rofl2:

Ok, ok, I'm just kidding! It sounds like a perfectly legal transaction and a fine gift. The gift card was a nice idea for avoiding the unwarranted yet expected dealer squeamishness. Congratulations on both your new toy and your gun-buyin' wifey! :thumbsup:

cadurand
08-11-2010, 6:17 AM
I think the original "case" Glocks came in helped it earn the Tupperware title as well. Those things were very much like tupperware.

Of course they come with regular gun cases these days, but the damage is done.

tenpercentfirearms
08-11-2010, 6:38 AM
It is not a straw purchase.
It's legal except in a manly kind of way.
I suspect your wife doesn't let you have a credit card.
You really shouldn't go public with this kind of info.
Go fix or build something using at least one power tool in the process to restore your manhood.
Gosh, what some people will post on the internet...

What silly statements. A man that has his wife buy him guns has a gold level man card. You little boys are probably still paying for your own guns and not getting any. You should be learning from Nodda Duma not attempting to mock him.

That is a tough one. I have couple come in and the wife has the purse strings quite often. I sometimes ask if they are married, if so, I don't consider it a straw purchase. If it were boyfriend and girlfriend or they said, "I just met them in the parking lot, I would deny the transaction."

paintballdad
08-11-2010, 6:57 AM
I think the original "case" Glocks came in helped it earn the Tupperware title as well. Those things were very much like tupperware.

Of course they come with regular gun cases these days, but the damage is done.

You are correct. The original case that the Glocks came in resembled plastic sandwich/lunch boxes. They really looked like black Tupperware. I owned a 1st gen 17 and really took some crap from the guys i worked with at the gun shop. They called it super soaker, combat tupperware, combat lego and Glockamole (pronounced like guacamole).
The Glocks were not widely accepted/respected in the early days.

Blood Ocean
08-11-2010, 2:00 PM
This reminds me of shooting at the LAX range, two guys came in inquiring about ammo. One guys asks for .45 acp, the other guy asks how much, the counter guy refused to sell either one of them ammo because it was illegal now that they both had inquired about it. The things people believe are only weird relative to what they'll say...

ojisan
08-11-2010, 3:18 PM
What silly statements. It was a formal answer (it is not a straw purchase) along with an attempt at humor. A couple posters did laugh. A man that has his wife buy him guns has a gold level man card. Maybe. How about the man that takes care of everything so his wife does not have to deal with it? Gold level? How about Platinum? You little boys I'm 52 years old, 6' tall and you have had no chance to check my size are probably still paying for your own guns I make the money, I control the finances and I make the final decisions and not getting any I get plenty, I have children to prove it. You should be learning from Nodda Duma not attempting to mock him No mocking meant...just for fun...a little "manly" ribbing.
Most people here know my posting style by now, and it is not mean spirited in any way. Humor often has an element of pain in it, the reason we laugh is to deal with it.
Nodda, if you were offended, I am sorry, you have my public apology.
I'm quite sure you have your own credit cards, bills, job etc.

That is a tough one. I have couple come in and the wife has the purse strings quite often. I sometimes ask if they are married, if so, I don't consider it a straw purchase. Correct under CA law. If it were boyfriend and girlfriend the transaction." Ohhh...so they have to be married for the girl to buy the guy a gift? He picks it, he puts it in his name, he is legally eligible to purchase, it is not a straw purchase (eligible person buying for a prohibited person) what's the problem who pays? I understand, gun sales are a touchy business and if you don't want to sell a gun to someone, that's your decision.
or they said, "I just met them in the parking lot, I would deny the transaction."
If an unknown girl walked up to me in your parking lot and said she wanted to take me inside and buy me a gun, I would go for it, and you should too!
Sounds great, where can I find this girl? We're a couple of dreamers, aren't we? ; )
It's hard enough to buy a gun as is with all the hoops to jump through as is...running into new purchase qualifiers like who has the money in what wallet or purse before the sales counter is reached can certainly drive new customers away. I can imagine the conversation in the car out in the parking lot after visiting your store, as the would-be new purchaser gets an ear full from his Significant Other about how if it is this much trouble, forget about buying the gun.
Yes, often the ladies do control the money...if the lady is going to pay, why beat-down the male buyer?
If it is a straw purchase, deny it for sure. If not, why play games?

In blue.
Thanx, Wes, for your pro 2A efforts over the years.
I do not intend to lock horns with you.
I'm sure you will continue to make your own rules and decisions, as every business owner has a right to.
Have a nice day, remember to laugh once in a while.

Nodda, again my apologies, I have added these to my post to make clear it was all meant in fun.
:p :D

mblat
08-11-2010, 3:56 PM
If I understand correctly concern is that gun is actually for the person who pays, not for the person who has his name on the DROS?
I am wondering what ATF says on the subject.

The Original Godfather
08-11-2010, 4:14 PM
I dont know why everyone is teasing the OP for using his wife's credit card to buy his pistol...


I mean, HE is making HER pay for something HE wants. Now that's just pimp on all levels :cool: :coolgleamA:










;)

Nodda Duma
08-11-2010, 5:04 PM
Hey ojisan no offense taken. I think I mounted a fair defense of my situation. :)

Now if I had mentioned that she bought me a gun because I agreed that we get a MINI-VAN, then I Definitely have to shred my man card on the spot!

-Jason

GrizzlyGuy
08-11-2010, 5:28 PM
What you are proposing doing is fine. It isn't a straw purchase (http://wiki.calgunsfoundation.org/index.php/FAQ#What_is_a_STRAW_PURCHASE.3F) since you will be doing the DROS and taking possession 10 days later. You are then the purchaser regardless of whose credit card gets used to pay for the gun.

CSACANNONEER
08-11-2010, 5:36 PM
Does this happen only in Cali? The only pistol I own was paid for by my sister. I spent some time in Florida years ago to help my sis get acclimated as a new immigrant. One of the things I convince her of doing is getting a gun for self defence, we both went to a gun store and each chose the pistols we like and she paid for both. Gun store owner gladly issued separate receipts and was helpful enough to show us to places where we can shoot and get training/seminar for CCW.

Yep, it happens in EVERY state.

If I understand correctly concern is that gun is actually for the person who pays, not for the person who has his name on the DROS?
I am wondering what ATF says on the subject.

Not true. But, some dealers get nervous when they see someone doing paperwork and someone else paying for it. Of course, you can legally buy a gun for someone else. Just look on every 4473, there is a part right on the form about buying a gun as a gift. If it wasn't legal to do this, that portion would not be on the form to begin with.

Zonie
08-11-2010, 6:38 PM
Of course, it is obligatory to point out that having a 9mm can also get your man card revoked. Even .40 S&W is iffy - and .45 ACP is what every male should carry.

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