How do you Buy a Firearm for another?

[bgelectrician]

I was wondering if my wife wanted to buy me a firearm would she just do the whole DROS and what not and then wait the 10 day jail time to pick it up and give it to me? Is this the only option?

[Joe]

Yes. But she would be buying it for herself. One of the questions on the DROS form asks if she's buying it for herself. She has to answer yes. After she takes it out of the ten day jail she can give it to you. I'm not sure if you'd need to go through an FFL since you're married.

The easiest way is for you to go with her and pick out what you want. Then she buys it for you. You fill out all the information on the DROS. Therefore there isn't any problem with registration if its a handgun.

[guns4life]

She can pay for it in full, then you come in and start the 10 day in your name whenever you want.

[Lucky Scott]

She can buy it for herself. She can not buy it for you.
But you are married, does it matter? My wife shoots my guns all the time.

[Wildeman_13]

It matters when you get divorced and are fighting over the collection.

[ke6guj]

Yes. But she would be buying it for herself. One of the questions on the DROS form asks if she's buying it for herself. She has to answer yes. After she takes it out of the ten day jail she can give it to you. I'm not sure if you'd need to go through an FFL since you're married.

she would give it to you, no FFL needed.

If it was a handgun, you would fill out an op-law form that you send to CADOJ. You would also need to have a valid HSC to receive the handgun.

She can buy it for herself. She can not buy it for you.
But you are married, does it matter? My wife shoots my guns all the time.

she can buy it intending to give to you. as long as you aren't a prohibited person, that is legal.

[CHS]

I was wondering if my wife wanted to buy me a firearm would she just do the whole DROS and what not and then wait the 10 day jail time to pick it up and give it to me? Is this the only option?

That's not the ONLY option, but it's the best and easiest option. That way if she plans ahead to wait the 10 days she can wrap the gun up like a present, etc, to give to you.

Yes. But she would be buying it for herself. One of the questions on the DROS form asks if she's buying it for herself. She has to answer yes.

Incorrect. The 4473 asks if you're the actual buyer of the firearm, which just means you're not doing a straw sale. The "actual buyer" can still be purchasing a firearm as a gift for someone else. There is no question like this on the DROS.

After she takes it out of the ten day jail she can give it to you. I'm not sure if you'd need to go through an FFL since you're married.

Correct. You don't have to do a PPT to gift a firearm from husband -> wife or wife -> husband.

The easiest way is for you to go with her and pick out what you want. Then she buys it for you. You fill out all the information on the DROS. Therefore there isn't any problem with registration if its a handgun.

That's a very quick way to get a sale canceled by the dealer if it looks like a straw sale to him.

She can pay for it in full, then you come in and start the 10 day in your name whenever you want.

True. She could do something like that. But then you don't get the satisfaction of actually giving someone a gun as a gift. You don't get to open any presents this way.

She can buy it for herself. She can not buy it for you.

Incorrect. Federal and state laws allow for someone to purchase a firearm for another person as a gift. It's on the 4473 if you ever want to confirm it yourself.

[Divernhunter]

Got news for you. ALL firearms are community property in a divorce. This includes the ones you got as a child/kid/before marriage UNLESS you can show a reciept for them dated before you got married. The only time other than that is if she/he states that they were your personal property to the court. If she/he is being hatefull and will not say they they were yours before the marriage then unless you have a reciept to prove they are yours before marriage they become community property.

Also if you have C&R rifles and you"sell" them to a friend(or several) BEFORE the divorce papers are filed then they will not be counted in the divorce. Be sure to have an reciept with the amount and dates before the divorce papers are filed signed by the people you"sell" to. The "money" you got was for comunity expense such as going out to dinner/bills/paying for items for the house/family/her or him. If you have alot of reloading stuff/ammo/other gun stuff you might want to "sell" or move it to a safe place also.

No need to ask how I know.

[bgelectrician]

Hey thanks guys, just something that came up during the Holidays and have never had one given to me just bought them myself.

[Hopalong]

Got news for you. ALL firearms are community property in a divorce. This includes the ones you got as a child/kid/before marriage UNLESS you can show a reciept for them dated before you got married. The only time other than that is if she/he states that they were your personal property to the court. If she/he is being hatefull and will not say they they were yours before the marriage then unless you have a reciept to prove they are yours before marriage they become community property.

Also if you have C&R rifles and you"sell" them to a friend(or several) BEFORE the divorce papers are filed then they will not be counted in the divorce. Be sure to have an reciept with the amount and dates before the divorce papers are filed signed by the people you"sell" to. The "money" you got was for comunity expense such as going out to dinner/bills/paying for items for the house/family/her or him. If you have alot of reloading stuff/ammo/other gun stuff you might want to "sell" or move it to a safe place also.

No need to ask how I know.

^ This.

I know how you know. Community property is a awful thing.

[IGOTDIRT4U]

she would give it to you, no FFL needed.

If it was a handgun, you would fill out an op-law form that you send to CADOJ. You would also need to have a valid HSC to receive the handgun.


she can buy it intending to give to you. as long as you aren't a prohibited person, that is legal.

Correct. A straw purchase is having someone else buy a gun with the intention of giving or selling it to someone whom they know is not eligible to buy/possess that gun. There is intent and knowledge required for it to be a straw purchase. If the husband and wife both are legally able to buy/possess what is eing purchased, it's not a straw purchase. Just have the wife buy and DROS it, then do the op-law form for a interfamilial transfer if it's a handgun.

[guns4life]

True. She could do something like that. But then you don't get the satisfaction of actually giving someone a gun as a gift. You don't get to open any presents this way.

What are we, five year olds? I'm pretty sure everybody who owns a firearm knows santa doesn't exist.

[Bird of Fire]

What are we, five year olds? I'm pretty sure everybody who owns a firearm knows santa doesn't exist.

WHOA WHOA WHOA. Whoa.

Hold on. What are you trying to say here pal?!!??

[Bird of Fire]

Christ, first the tooth fairy, now Santa. I'm just....could've waited until the 26th to hold off on posting that pal.

[guns4life]