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  • leaferikson
    Member
    • Mar 2014
    • 115

    Handgun PPT

    I posted a handgun for sale and someone contacted me about buying it, we agreed to meet and then he stated he was 18 and his dad would be buying it for him and putting it in his name as a gift.

    Do I walk away from this? I don't want to get burned.

    Edit: My biggest worry is that while he told me it was for a gift, he's actually giving him the money to do it.
    Last edited by leaferikson; 07-06-2014, 7:11 AM.
  • #2
    CSACANNONEER
    CGN/CGSSA Contributor - Lifetime
    CGN Contributor - Lifetime
    • Dec 2006
    • 44092

    It is perfectly legal for a child to ask a parent for a particular gift. We've all done it at some point. If the father is the actual buyer and is buying this with the intention of transferring it to his son as a gift, it's 100% legal. Now if the father is buying it only because the son can't buy it, then, like creampuff said, it would be a straw purchase. So, the question would be if you feel that it is a legitimate gift or if you feel that something else is happening. Personally, from the limited information you've posted, I gotta go with it sounds like a legitimate gift.
    NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
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    • #3
      leaferikson
      Member
      • Mar 2014
      • 115

      Appreciate the feedback from both of you. Thanks

      Comment

      • #4
        CSACANNONEER
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Dec 2006
        • 44092

        BTW, I got my first rifle on my 12th birthday and my first deer rifle on my 16th birthday. For my 16th birthday I was given a choice between the '94 that my dad got from his dad when he turned 16 or a brand new Marlin 30-30. I was never dumb. I choice the Winchester with family history. My little brother ended up with a new Marlin. I could not legally buy either one but, my dad could legally buy them and give them to me. Millions of shooters have legally received firearms that they were no able to buy but could receive as gifts.
        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

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        • #5
          edgerly779
          CGN/CGSSA Contributor
          CGN Contributor
          • Aug 2009
          • 19871

          Fed form 4473 has a place to enter gift. It is ok for a parent to gift to 18 year old. Not a straw purchase. My first firearms given to me when 12 years old.

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          • #6
            creampuff
            • Jan 2006
            • 3730

            I'll scratch my prior comment

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            • #7
              CSACANNONEER
              CGN/CGSSA Contributor - Lifetime
              CGN Contributor - Lifetime
              • Dec 2006
              • 44092

              Originally posted by creampuff
              I'll scratch my prior comment
              There wasn't anything wrong with what you said. It COULD be a straw purchase or, it could be a legitimate gift.
              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

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              • #8
                sofbak
                Veteran Member
                • Aug 2010
                • 2628

                Originally posted by leaferikson
                I posted a handgun for sale and someone contacted me about buying it, we agreed to meet and then he stated he was 18 and his dad would be buying it for him and putting it in his name as a gift.

                Do I walk away from this? I don't want to get burned.

                Edit: My biggest worry is that while he told me it was for a gift, he's actually giving him the money to do it.
                Wait a minute..... It's not clear to me who is who in the highlighted sentence above, but if the son is giving the dad the $$ to purchase this "gift", then according to a recent STOTUS ruling (Abramski v US) , it isn't a gift-it's a straw purchase:



                IDK how much kimchee the seller would be submerged in here, but I would not go there with the limited info presented here.....
                Tire kickers gonna kick,
                Nose pickers gonna pick
                I and others know the real

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                • #9
                  Dvrjon
                  CGN/CGSSA Contributor - Lifetime
                  CGN Contributor - Lifetime
                  • Nov 2012
                  • 11250

                  Originally posted by leaferikson
                  I posted a handgun for sale and someone contacted me about buying it, we agreed to meet and then he stated he was 18 and his dad would be buying it for him and putting it in his name as a gift.

                  Do I walk away from this? I don't want to get burned.

                  Edit: My biggest worry is that while he told me it was for a gift, he's actually giving him the money to do it.
                  From your standpoint, it is not your business to establish, evaluate and rule upon the buyer's source of funding.

                  The buyer of the firearm is the one at risk, as it is a straw purchase, and NOT a "straw sale".

                  ATF Form 4473 Instructions: (https://www.atf.gov/files/forms/down...f-f-4473-1.pdf)
                  Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party. ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer “NO” to question 11.a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer “YES” to question 11.a.
                  Best.

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