Straw man purchases and spouses

[madoka]

If I pay for the gun, but my spouse does the DROS and picks it up, does that count as a straw man purchase?

Obviously both of us can legally own guns.

[jfifer]

Seems too iffy. Just do it yourself? What if atf comes a knockin. Take the time to dros or take the time to explain the situation to the men in black?

[junior40er]

as long as youre legally allowed to own I see why not. I also dont see why u cant dros yourself and avoid confusion.

[Librarian]

Missing a piece or two.

Why are you paying instead of your spouse?

Buying a gift? Using community property funds?

Who will really own the gun? (If spouse does DROS, CA will think it's spouse.)

Why should your spouse not do the whole thing? Or, why would you yourself not do the whole thing?

[Steve_In_29]

Not sure what the OP is getting at but my wife has paid for a pistol I DROSed and I have paid for two rifles and a shotgun my grandson DROSed. Gifts in both cases.

[negolien]

If I pay for the gun, but my spouse does the DROS and picks it up, does that count as a straw man purchase?

Obviously both of us can legally own guns.

Just give her cash for the purchase that way you are not actually paying for it. If you were to use a credit card that would leave a paper trail and identify you as a straw purchaser. I wouldn't ask the seller if it's a brick and mortar store either. They would be forced to deny your purchase. I' am not sure how the law works for spouses but better safe than sorry. Then you don't have too worry about using it or defending yourself at home. It's a common access weapon. You just have to say the gun was accessable by both of you if you smoke an intruder imo.

[madoka]

as long as youre legally allowed to own I see why not. I also dont see why u cant dros yourself and avoid confusion.

I'm backlogged on my purchases and cannot DROS till September due to the stupid one handgun every 30 days rule.

[madoka]

Using community property funds?

Who will really own the gun? (If spouse does DROS, CA will think it's spouse.

Now that she did the whole Women on Target thing, we share our guns. But she isn't comfortable buying them as she doesn't know enough about them.

[CWDraco]

If its done to circumvent a law, its illegal. So if the person is buying a firearm because their spouse is prohibited for any reason, its a straw buy.

If you are prohibited from buying based on a State law, (1 purchase every 30 days) and this is the reason she is buying, its illegal.

Giving your wife money to buy a firearm in itself is not illegal, since many homes are single income. One person must provide the funds for the other.

[Librarian]

I'm backlogged on my purchases and cannot DROS till September due to the stupid one handgun every 30 days rule.

If its done to circumvent a law, its illegal. So if the person is buying a firearm because their spouse is prohibited for any reason, its a straw buy.

If you are prohibited from buying based on a State law, (1 purchase every 30 days) and this is the reason she is buying, its illegal.

Giving your wife money to buy a firearm in itself is not illegal, since many homes are single income. One person must provide the funds for the other.

I believe this is the general answer. If the gun is for you, not a gift, then she would be making an untrue statement if she were to say it was for her - and she must say that (or that it is a gift) on the 4473. See the wiki article -- http://wiki.calgunsfoundation.org/Straw_Purchase

(So the answer should be, to heck with what you want, buy her own!)

[madoka]

So it seems like the legal thing to do would be to let her try out the guns I have and then gift her the one she likes? Does the government really care who technically "owns" the gun if it's a married couple who both use it? Is there a form for gifting a gun to a spouse?

[jackofall]

So would it be illegal if it's a one income family and she would shoot it at times?

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[CWDraco]

So it seems like the legal thing to do would be to let her try out the guns I have and then gift her the one she likes? Does the government really care who technically "owns" the gun if it's a married couple who both use it? Is there a form for gifting a gun to a spouse?

No they don't. Only if one person is prohibited. The Family transfer is for you and her protection if assets need to be divided.

So would it be illegal if it's a one income family and she would shoot it at times?

Sent from my SCH-I535 using Tapatalk 2

None. Its owned legally by the person who has possession of it. In a divorce it could be sold off and the proceeds divided.

[xxINKxx]

If you give her the money and she dros and picks it up then its technically her gun. Obviously no one will question you if your shooting your wife's gun.

There's no law that says you can't pay for a gun. If the person your giving the money to for the gun does the dros and passes the background check and picks it up them self thats not a straw purchase and there is nothing wrong with that.

Straw purchase is going to a gun shop, buying a firearm, and giving it to someone so they avoid going through an FFL themself.

[audiophil2]

There is the gift exception on the 4473. Your question is not a big deal on a Federal level. Who knows on a CA level.

Buying the gun with the intention of giving it as a gift to you as a spouse is not a problem. That is as far as I go when doing business. I don't allow other exemptions because they can be too questionable.