purchase question.

[Ducman]

a buddy of mine wants to purchase a pistol for his girlfriend. He is going to pay w/ his cc(buying it online). Is it posible at DROS time that the girlfriend can register it under her name, when the actual purchase was paid by the boyfriend?

[Capt. Speirs]

a buddy of mine wants to purchase a pistol for his girlfriend. He is going to pay w/ his cc(buying it online). Is it posible at DROS time that the girlfriend can register it under her name, when the actual purchase was paid by the boyfriend?

Yes, doesn't matter who paid for it, who ever ends up with the gun needs to dros it as far as I know.

[freakshow10mm]

That's called a gift and it's legal.

[kemasa]

It is legal, but there is an area of concern for the FFL since it could be a strawman purchase. In this case, it is a gift, but how does the FFL know that it is not really for the boyfriend who is prohibited?

There is not a good answer for this, except perhaps for the boyfriend to transfer a firearm at the same time :-). They need to be careful to make it clear what the situation is.

[Ducman]

sorry for the confusion, the guy who's buying it is a gunowner meaning he's not prohibited in owning one, it's a anniversary gift and really want it as a surprise. but unfortunately it won't be a total surprise as she has to DROS it and wants in on her name.

ETA: to my understanding, straw purchase is you are buying DROS'ing a pistol/ rifle in your name and knowingly turn around and give it to a prohibited person to own a gun.

[freakshow10mm]

Straw purchase is one of two things:

Concealing the actual end user.
Buying for a prohibited person.

[IrishPirate]

to make it a surprise have him dros for it in his name, then give it to her and either transfer to her name later or keep it in his name. she can use it 24/7 if she has his permission (and a ccw...you know what i meant though). then he can keep the gun if they break up and give it to the next girlfriend!!! win win if you ask me!

[Ducman]

to make it a surprise have him dros for it in his name, then give it to her and either transfer to her name later or keep it in his name. she can use it 24/7 if she has his permission (and a ccw...you know what i meant though). then he can keep the gun if they break up and give it to the next girlfriend!!! win win if you ask me!

This was yhe original plan, he just wanted to avoid paying twice for DROS(cheap bastard ) I guess he does not have a choice to avoid being accuse of straw purchase.

[kemasa]

It can be transferred directly to her and not be a strawman purchase. The main thing is to be completely open about what is going on. If he tells the FFL that it is a gift for his girlfriend, then the FFL should not have much of a problem with it.

The main point is that the FFL needs to be careful when one person is paying and another is doing the paperwork. There has to be a good reason for that and it being a gift is such a reason. Having a letter from the him (the giver of the gift) would be good documentation to have. There is nothing illegal about giving a gift, so as long as you can show that is the case, there is no problem.

[EOD Guy]

One solution would be a gift certificate from the gun shop. The firearm has to DROSed to the girlfriend and a 10 day wait anyhow.

[kemasa]

There is still the issue of who is paying, so the gift certificate really does not change things.

As long as it is known that it is a gift, that everyone is clear that it is a gift and that the firearm is really for the person who is doing the paperwork, there is not a problem. If they try to hide that it is a gift to avoid any questions that it could be considered a strawman purchase and the FFL finds out who is paying and who is filling out the paperwork, then the FFL would have serious questions and may refuse to do the transfer, with good cause.

I would think that most FFLs would not have a problem if it is all stated up front, especially if the giver of the gift is willing to write and sign a letter to that effect.