New to the forum, help

[sasquach916]

Hello I am new here & to guns so hypothetically speaking if I purchased a firearm in a store filled out the DOJ paperwork etc. then seen something else I wanted to purchase but it was too late can I have somebody who also has A FSC to purchase it and gift it to me would that be considered a straw purchase please help

[kcheung2]

Slow down turbo. Count to 30 (days). I like my friends enough that I won’t ask them to go to jail for me.

[NaClAddict]

Straw purchase. Try asking the store if they will take a deposit and hold said firearm.

[Mr. Blue]

Nice try BATF! But here at calguns, we follow all laws.

I recommend learning a bit more. Save some money for training from a professional. Become proficient with one particular handgun.

[Dvrjon]

Originally Posted by sasquach916

Hello I am new here & to guns so hypothetically speaking if I purchased a firearm in a store filled out the DOJ paperwork etc. then seen something else I wanted to purchase but it was too late

If the DROS is submitted, but not yet approved, the sale is not complete. You can cancel the purchase, forfeit the DROS fee and pay a restocking fee, then buy the gun you want. If the DROS is approved and you have accepted the firearm, it's done.

Originally Posted by sasquach916

... can I have somebody who also has A FSC to purchase it and gift it to me would that be considered a straw purchase please help

(Presuming "it" is the other gun you have now seen) A gift is not a straw purchase. Asking for a gift is not a crime. However, once you receive the gift, if you in any way compensate that "somebody" for their purchase of your gift, that will constitute a straw purchase, and they will be subject to federal prosecution for perjury. You will probably get to go along for the ride as an accomplice and co-conspirator.

Complete the first purchase and put the second gun on lay-away. Leave your "somebodies" out of it.

Also, read Abramski v. United States

And ATF Form 4473, Instructions, Page 4, Question 21.a.

Question 21.a. Actual Transferee/Buyer: For purposes of this form, a person is the actual transferee/buyer if he/she is purchasing the firearm for him/herself or
otherwise acquiring the firearm for him/herself. (e.g., redeeming the firearm from pawn, retrieving it from consignment, firearm raffle winner). A person is also the
transferee/buyer if he/she is legitimately purchasing the firearm as a bona fide gift for a third party. A gift is not bona fide if another person offered or gave the person completing this form money, service(s), or item(s) of value to acquire the firearm for him/her, or if the other person is prohibited by law from receiving or possessing the firearm.

EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith (who may or may not be prohibited). Mr. Smith gives Mr. Jones the money for the firearm.
Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer “no” to question 21.a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown buys the firearm with his own money to give to Mr. Black as a gift (with no service or tangible thing of value provided by Mr. Black), Mr. Brown is the actual transferee/buyer of the firearm and should answer “yes” to the question 21.a. However, the transferor/seller may not transfer a firearm to any person he/she knows or has reasonable cause to believe is prohibited under 18 U.S.C. 922(g), (h), (n), or (x).

[ZirconJohn]

Originally Posted by sasquach916

Hello I am new here & to guns so hypothetically speaking if I purchased a firearm in a store filled out the DOJ paperwork etc. then seen something else I wanted to purchase but it was too late can I have somebody who also has A FSC to purchase it and gift it to me would that be considered a straw purchase please help

Of course you can do that ^^^ what you like

Contact ---► Gavin Newsom - Governor of California

Good ol' Gavin gonna get you set up whatever you want

[Barang]

if you can afford to buy the other one, put down deposit and dros it after you pick up the first gun.

[K001]

Originally Posted by Dvrjon

If the DROS is submitted, but not yet approved, the sale is not complete. You can cancel the purchase, forfeit the DROS fee and pay a restocking fee, then buy the gun you want. If the DROS is approved and you have accepted the firearm, it's done.

(Presuming "it" is the other gun you have now seen) A gift is not a straw purchase. Asking for a gift is not a crime. However, once you receive the gift, if you in any way compensate that "somebody" for their purchase of your gift, that will constitute a straw purchase, and they will be subject to federal prosecution for perjury. You will probably get to go along for the ride as an accomplice and co-conspirator.

Complete the first purchase and put the second gun on lay-away. Leave your "somebodies" out of it.

Also, read Abramski v. United States

And ATF Form 4473, Instructions, Page 4, Question 21.a.

^ Excellent response^

[sasquach916]

Thx

[ZirconJohn]

Originally Posted by sasquach916

Thx

Sure thing ... tell all the crew at DOJ hey hey

[SkyHawk]

Originally Posted by Dvrjon

If the DROS is submitted, but not yet approved, the sale is not complete. You can cancel the purchase, forfeit the DROS fee and pay a restocking fee, then buy the gun you want. If the DROS is approved and you have accepted the firearm, it's done.

YMMV on 1 in 30 after a cancellation. FFLs here report varying experiences.

[Dvrjon]

Originally Posted by SkyHawk

YMMV on 1 in 30 after a cancellation. FFLs here report varying experiences.

I also expect it to apply, as the 30-day trigger is based on submission, not completion, of the DROS. I doubt DOJ’s system is sufficiently robust to clear the cancellation for a new action, and even if it was, spending time doing that is not to DOJ’s advantage.