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did i just break the law? pls help asap

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  • nickyrr
    Member
    • Aug 2010
    • 443

    did i just break the law? pls help asap

    Ok so I am a CA resident. My dad who lives in NV got a present from me... a handgun and a carbine both of which are legal in the state of NV. I was the one that purchased the rifle and the handgun using my credit card but I told the on-line store that the items will be in my dads name because he will be the registered owner of the guns. Now the ffl where the gun was shipped is saying we or I broke the law.
    Did I? Is there anyone that can elaborate on the law? My dad is both able and willing to take the guns... as I read correctly as long as the person receiving the item is not in legal trouble and the gun is legal within that state were ok... all of which I checked prior to buying
  • #2
    nagorb
    Veteran Member
    • Jul 2008
    • 4355

    Doesn't sound like it. I'm sure smarter people than me will be along shortly.

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    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44637

      Originally posted by nickyrr
      Ok so I am a CA resident. My dad who lives in NV got a present from me... a handgun and a carbine both of which are legal in the state of NV. I was the one that purchased the rifle and the handgun using my credit card but I told the on-line store that the items will be in my dads name because he will be the registered owner of the guns. Now the ffl where the gun was shipped is saying we or I broke the law.
      Did I? Is there anyone that can elaborate on the law? My dad is both able and willing to take the guns... as I read correctly as long as the person receiving the item is not in legal trouble and the gun is legal within that state were ok... all of which I checked prior to buying
      To clarify ---

      It looks like you, a CA resident, wanted to buy a gift for your father in NV.

      Gifts are legal. The ATF's law reference doc says
      Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above exam- ple, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473. The use of gift certificates would also not fall within the category of straw pur- chases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealer's records.
      You bought the guns through an on-line store.

      In what state was the receiving FFL? If it was NV, then you did that part right.
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      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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      • #4
        Ed_Hazard
        Calguns Addict
        • Oct 2008
        • 5146

        The receiveing FFL is pushing the limits of the "Straw Purchase" law.

        Inform him that since you are out of state and wished to give your Father a nice Fathers Day gift you paid for them as a gift and He will register them in his name as they are a gift from you to him. No law broken.
        Originally Posted by Sic Boy
        And I bet Jobs surfs porn. If he doesn't, I'll eat a live baby on stage at the next Apple event.
        Originally posted by AJAX22
        Don't F with those guys... they can probably use their teabag to inflict blunt force trauma.


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        • #5
          GlennG31
          Senior Member
          • Jul 2009
          • 1344

          I am assuming the guns were shipped to your Dad's FFL in Nevada? When they arrived, was the package under your name or your Dad's name?

          ETA: Ed Hazard beat me to what I was trying to deduce. If the guns arrived in your name, then the FFL was probably thinking this was some kind of straw purchase as opposed to a simple gift.
          Last edited by GlennG31; 06-14-2011, 3:38 PM. Reason: Ed Hazard beat me to it.

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          • #6
            joefreas
            • Jan 2010
            • 2421

            I don't see any broken laws. Your pops is lucky to have such a generous son!
            If you think nobody cares if you're alive, try missing a couple of payments.

            Originally posted by XDRoX
            Walking around with a banana in a holster won't do anything but get you laughed at.
            "A true patriot would repeal the patriot act"
            Ron Paul

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            • #7
              CSACANNONEER
              CGN/CGSSA Contributor - Lifetime
              CGN Contributor - Lifetime
              • Dec 2006
              • 44093

              First of all, out the FLL who doesn't know the law! Secondly, there is NO REGISTRATION of any kind in NV (well, in Clarke County there is but, I think that's only handguns). Anyway, the guns will not be "in your dad's name" unless, he lives in Clarke County and takes the handgun to the local LEA for their little county registration thing. Finally, it is NOT ILLEGAL for you to purchase a firearm and give it to your father. It is not illegal for your father to give you a firearm. When crossing state lines, you'll need to go through a FFL but, there is no law preventing you from paying for the guns and having them shipped to your father's FFL.

              So, as long as you paid for your father's father's day presents, they were shipped to his FFL, He filled out his 4473s and picked them up, everthing seems legal. At some later date, your father can always regift said guns to you as long as you go through a FFL here and the guns are CA legal.
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              • #8
                POLICESTATE
                I need a LIFE!!
                • Apr 2009
                • 18185

                Originally posted by joefreas
                I don't see any broken laws. Your pops is lucky to have such a generous son!
                And we are unlucky to have such convoluted and ridiculous laws that make us feel like a simple transaction could land us in jail
                -POLICESTATE,
                In the name of the State, and of the School, and of the Infallible Science


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                • #9
                  nickyrr
                  Member
                  • Aug 2010
                  • 443

                  Yes... the ffl is in NV.

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                  • #10
                    CK_32
                    I need a LIFE!!
                    • Sep 2010
                    • 14369

                    FUD But I would be the same If I had a business on the line.

                    Just explain it and be gentlemen about it. If he refuses tell him you will takeyour business else where and gladly let us know.
                    Last edited by CK_32; 06-14-2011, 3:50 PM.
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                    • #11
                      nickyrr
                      Member
                      • Aug 2010
                      • 443

                      Thanks for all the reply.... I am assuming that the gun was shipped under my dads name bec when I paid for the item I specifically told the seller that the item is gonna be under his name. Since I used my card, they might have used my name as a reference

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                      • #12
                        CSACANNONEER
                        CGN/CGSSA Contributor - Lifetime
                        CGN Contributor - Lifetime
                        • Dec 2006
                        • 44093

                        Originally posted by nickyrr
                        Thanks for all the reply.... I am assuming that the gun was shipped under my dads name bec when I paid for the item I specifically told the seller that the item is gonna be under his name. Since I used my card, they might have used my name as a reference
                        Again, I'm not sure why you think it's going to be in anyone's name? Can you elaborate? Or, is this just a term you keep hearing on TV and think that all firearms get "registered" when they are sold? That simply is not so.
                        NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                        California DOJ Certified Fingerprint Roller
                        Ventura County approved CCW Instructor
                        Utah CCW Instructor


                        Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                        sigpic
                        CCW SAFE MEMBERSHIPS HERE

                        KM6WLV

                        Comment

                        • #13
                          GlennG31
                          Senior Member
                          • Jul 2009
                          • 1344

                          Originally posted by CSACANNONEER
                          Again, I'm not sure why you think it's going to be in anyone's name? Can you elaborate? Or, is this just a term you keep hearing on TV and think that all firearms get "registered" when they are sold? That simply is not so.
                          When you order a firearm online and it gets shipped to your FFL, isn't your name on the package to show that you are the one that ordered said firearm?

                          Nick ordered and paid for firearms online and had it shipped to Nevada to his Dad's FFL. When the package arrives, it has Nick's name on it, even though he specifically tells the online vendor to put his Dad's name on the package. Nick's Dad comes in to fill out the paperwork, but the FFL sees that the Dad's name is not on the package. FFL thinks this is some kind of straw purchase as opposed to a gift from son to father.

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                          • #14
                            nickyrr
                            Member
                            • Aug 2010
                            • 443

                            Csacannoneer.... I was just answering glens question if the package was under my name. I wasn't sure if they put my name under the shipping info since I was the one that paid for it. But the guns were put under my dads name. Since he is the one that gonna be the regs owner. Infact when called the ffl to see if the gun was there I told the lady that it was under my dads name and she knew about it.. that is when she started grilling me on who bought the gun and if the gun is really for my dad. Then she muttered the big L word... legality.

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                            • #15
                              nickyrr
                              Member
                              • Aug 2010
                              • 443

                              Just in case u guys are wondering... I got him a ps90.. and an xdm 3.8 in 9mm. Also got him 5 extra 30 round mag for the ps90 and a total of 10 extra 19 round mag for the xdm... also I have other siblings that help pay for all these. And its my dads wish for f days and b day...

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