Purchasing a Handgun for Intrafamiliar Transfer

[Guest]

I know the intrafamiliar trasfer is totally legal, but:


Is it legal for a son to buy a handgun from a private seller to give it to his father? Can I sell it to him knowing that he will give it to his father? I am not familiar with the intrafamiliar transfer laws.

I don't know where the DOJ draw the line on "Straw Purchase".

[Mssr. Eleganté]

BATFE specifically says that buying a firearm as a bona fide gift for somebody else does not qualify as a straw purchase.

[RideIcon]

If they do the legal paperwork and you are not aware that he isn't planning on doing the legal paperwork, its fine

[GrizzlyGuy]

BATFE specifically says that buying a firearm as a bona fide gift for somebody else does not qualify as a straw purchase.

Correct.

FYI for anyone who cares, I was curious as to the source of that info (possibly to add as a reference in the FAQ here) and tracked it down on pg. 165 of BATFE's Federal Firearms Regulations Reference Guide 2005:

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 example,
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 purchases.
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.

[mdouglas1980]

My question is can an LEO buy an off-list handgun as a gift and give it to someone then too? Or does this qualify as a straw purchase since it's an "UNSAFE HANDGUN"? lol

[Scratch705]

would like to know that too.... since with off-roster guns.... that can be a tricky road.

[RideIcon]

Might be unsafe, but not illegal to posses. I know you can intra-family them in from out of state without any trouble, so why couldn't you do this?

[GrizzlyGuy]

My question is can an LEO buy an off-list handgun as a gift and give it to someone then too? Or does this qualify as a straw purchase since it's an "UNSAFE HANDGUN"? lol

See here in the FAQ: Is there any way to buy a handgun that is not on the Safe Handgun Roster?