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Old 02-26-2013, 7:21 PM
sniper5 sniper5 is offline
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Should be a lawyer weighing in shortly for a definitive answer.

This is my understanding:

A gun CAN be purchased as a gift and not considered a straw purchase. However if the FFL suspects the POSSIBILITY of a straw purchase he does NOT have to allow the sale to proceed. A straw purchase is the purchasing of a gun FOR another individual (usually but not necessarily a prohibited person). In order to do an Operation Of Law form to transfer a handgun between spouses, HOWEVER, the recipient cannot be a prohibited person and MUST have a HSC even though the number does not have to recorded on the form.

Confusing? YUP!

Gray? YUP!

Bottom line: It's less gray if BOTH of you are totally capable of DROSing the gun. It's downright murky to black if ONE of you isn't. It's your freedom, gamble as you see fit. We could use a few test cases to define the law a little better.

BTW, Welcome to Commiefornia, Komrad Dude!!
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