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Guns as gift for Christmas?

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  • darthnugget
    Member
    • Feb 2011
    • 351

    Guns as gift for Christmas?

    I have a brother who is currently stationed in North Carolina, I am in California. I would like to purchase a handgun from an online dealer, not on California's handgun list, for him for Christmas and have it shipped to his local FFL. He will be picking it up and doing all the paperwork for it under his name. I believe this is legal, since he can legally own the firearm and he is doing the paperwork for it. But I just wanted to make sure here before showing up on some list and getting a knock at my door.
    Since we can never hope to understand why we're here, if there's even anything to understand, the individual should choose a goal and pursue it wholeheartedly, despite the certainty of death and the meaninglessness of action.

    -------------------
    Please sign up for Dropbox http://db.tt/8dsT7hwb
  • #2
    bob7122
    Calguns Addict
    • Jul 2010
    • 5090

    it might look like a straw purchase, but go for it.
    Originally posted by 2761377
    man's greatest accomplishments have been achieved in the face of futility.
    it's a piss poor excuse to quit.
    PSN name= entwie_dumayla
    "I came into this world with someone else's blood on me and I don't mind leaving the same way..."
    ***looking to buy in great condition yugo sks***

    Comment

    • #3
      darthnugget
      Member
      • Feb 2011
      • 351

      Originally posted by bob7122
      it might look like a straw purchase, but go for it.
      I was under the impression that since he is doing the background for the purchase then it was legal and not violating any laws.
      Since we can never hope to understand why we're here, if there's even anything to understand, the individual should choose a goal and pursue it wholeheartedly, despite the certainty of death and the meaninglessness of action.

      -------------------
      Please sign up for Dropbox http://db.tt/8dsT7hwb

      Comment

      • #4
        bob7122
        Calguns Addict
        • Jul 2010
        • 5090

        in North Carolina what are the procedures for buying a gun?
        Originally posted by 2761377
        man's greatest accomplishments have been achieved in the face of futility.
        it's a piss poor excuse to quit.
        PSN name= entwie_dumayla
        "I came into this world with someone else's blood on me and I don't mind leaving the same way..."
        ***looking to buy in great condition yugo sks***

        Comment

        • #5
          hawk1
          In Memoriam
          • Dec 2005
          • 7555

          Might be less hassle to just send him the money and let him buy it and/or have it shipped in to his ffl for transfer to himself.

          I know people buy firearms at Christmas to give to their kids all the time, yet I think in this case you'll be better off letting him do it.
          sigpicNRA LIFE MEMBER

          Comment

          • #6
            bob7122
            Calguns Addict
            • Jul 2010
            • 5090

            Originally posted by hawk1
            Might be less hassle to just send him the money and let him buy it and/or have it shipped in to his ffl for transfer to himself.

            I know people buy firearms at Christmas to give to their kids all the time, yet I think in this case you'll be better off letting him do it.
            yep, this is quick and painless.
            Originally posted by 2761377
            man's greatest accomplishments have been achieved in the face of futility.
            it's a piss poor excuse to quit.
            PSN name= entwie_dumayla
            "I came into this world with someone else's blood on me and I don't mind leaving the same way..."
            ***looking to buy in great condition yugo sks***

            Comment

            • #7
              darthnugget
              Member
              • Feb 2011
              • 351

              Sounds good. I will send him the money.
              Since we can never hope to understand why we're here, if there's even anything to understand, the individual should choose a goal and pursue it wholeheartedly, despite the certainty of death and the meaninglessness of action.

              -------------------
              Please sign up for Dropbox http://db.tt/8dsT7hwb

              Comment

              • #8
                hawk1
                In Memoriam
                • Dec 2005
                • 7555

                Originally posted by darthnugget
                I was under the impression that since he is doing the background for the purchase then it was legal and not violating any laws.
                You're exactly correct, but that's because he is the only party to that purchase. Once you introduce the brother into the equation, one could argue it could turn into a straw purchase. For example, one brother sets up deal, the second brother does the transfer. At what point does the FFL suspect a straw deal is going down? The FFL has no way to know if the second brother hands it off to the first, possibly being prohibited. It would then be at the discretion of the FFL/ATF as to what they think is happening.

                Easier to let brother do the deal.
                sigpicNRA LIFE MEMBER

                Comment

                • #9
                  Grumpyoldretiredcop
                  Calguns Addict
                  • Sep 2008
                  • 6437

                  Gift certificate might be a possible solution, too.
                  I'm retired. That's right, retired. I don't want to hear about the cop who stopped you today or how you didn't think you should get a ticket. That just makes me grumpy!

                  Comment

                  • #10
                    CHS
                    Moderator Emeritus
                    CGN Contributor - Lifetime
                    • Jan 2008
                    • 11338

                    Just order the gun to be shipped to his FFL. In the "order comments" box put something like "Happy Birthday!!!".

                    I can't imagine any FFL ever questioning that. Legitimate gifts are not straw sales.
                    Please read the Calguns Wiki
                    Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
                    --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

                    Comment

                    • #11
                      silverctr
                      Junior Member
                      • Sep 2011
                      • 7

                      Originally posted by hawk1
                      Might be less hassle to just send him the money and let him buy it and/or have it shipped in to his ffl for transfer to himself.

                      I know people buy firearms at Christmas to give to their kids all the time, yet I think in this case you'll be better off letting him do it.
                      I agree. Where I work we allow parents to buy for their underage kids. However since the brother is not a minor, it might raise some eyebrows and the participating FFL's may opt out of the transaction. The FFL would rather error on the side of caution so they can keep their FFL instead of possibly getting into trouble with the DOJ.

                      Comment

                      • #12
                        HowardW56
                        Calguns Addict
                        • Aug 2003
                        • 5901

                        Originally posted by CHS
                        Just order the gun to be shipped to his FFL. In the "order comments" box put something like "Happy Birthday!!!".

                        I can't imagine any FFL ever questioning that. Legitimate gifts are not straw sales.
                        sigpic

                        Comment

                        • #13
                          WDE91
                          Veteran Member
                          • Jul 2010
                          • 3513

                          I have always thought of straw purchases as something that deals with intention
                          If the brother is getting the background check down on him I really dont see how they are circumventing the law
                          "Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms." James Madison

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                          • #14
                            CSACANNONEER
                            CGN/CGSSA Contributor - Lifetime
                            CGN Contributor - Lifetime
                            • Dec 2006
                            • 44092

                            Originally posted by bob7122
                            it might look like a straw purchase, but go for it.
                            How so? In this case the buyer is not even filling out paperwork or taking possession of the gun. Did you know that it is 100% legal to buy a gun, take it home and then give it away as a gift? In some states like Ca, you might have to transfer it through a dealer again. But, in some states, you don't have to do any extra paperwork at all. Have you ever filled out a 4473? If so, did you ever notice that you have to answer the question "Is this firearm being purchased as a gift?" or something like that. It's commonly done and perfectly legal. A straw purchase only has to do with intent and the actual buyer not wanting to fill out paperwork or being able to legally own a gun.

                            Originally posted by Bjkearns
                            I have always thought of straw purchases as something that deals with intention
                            If the brother is getting the background check down on him I really dont see how they are circumventing the law
                            Yep.
                            NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                            California DOJ Certified Fingerprint Roller
                            Ventura County approved CCW Instructor
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                            Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                            sigpic
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                            KM6WLV

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                            • #15
                              billybob_jcv
                              Senior Member
                              • Jul 2011
                              • 1507

                              Seems like a perfect situation for an Amex or Visa gift card. You can provide him the web link to the item and the card. That way, if he decides he wants to upgrade, it's his call.
                              He who exercises no forethought but makes light of his opponents is sure to be captured by them.
                              -Sun Tzu, The Art of War

                              I say thank God for government waste. If government is doing bad things, it's only the waste that prevents the harm from being greater.
                              -Milton Friedman

                              What kind of government do you guys got here? This is worse than California.
                              -Woody Allen, Sleepers

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