How would you proceed?

[RP1911]

I was witness to the following:

Woman and child come in to a gun shop, talk to sales staff then pick up an AR-15 style rifle to buy. While the process is starting to do DROS and 4473 paperwork, I asked if it was a .22LR since the child with her was around 9-10 years old.

Her response was she did not know,she was buying it for her husband. Salesperson was on the other side of the counter prepping the paperwork. I said nothing at that point and went about my business. The purchase proceeded.

[jimmykan]

If I were an employee, without directly accusing her of anything, I would have told her that what she said didn't sound quite right, and I would have reminded her what it means to make a "straw purchase" and that doing so is illegal.

I would also remind her that it is illegal to falsify any information on the DROS form, in particular the first of the YES/NO questions: Are you buying/receiving the firearm for yourself?

I would tell her that if the rifle is indeed for her husband, then her husband has to be the one to fill out the form and undergo the background check.

I would not ask why her husband didn't come in himself or whether he were a prohibited person. That would just be presumptuous and insulting, and maybe she's trying to do a surprise gift or something. I would explain that if she intended the gun to be a gift, she should find out what the law says on this type of family transfer. She may have to pay for two DROS fees, one to purchase the gun for herself, then another to transfer the gun to her husband.

I know that if it's a long gun transfer to or from grandparents, parents, children, grandparents, then no paperwork or notification of any government body is needed, but I don't know what the law says on transfers between husband and wife.

Even after that explanation, if she admitted to me that she intended to make a straw purchase, then I would have stopped her and refused her business.

[kemasa]

It sounds like you were just a customer. Personally, most likely I would have said something quietly to someone who worked at the place. Did the salesperson hear her say that?

Confronting a customer in a place as just another customer is not a good thing to do.

With respect to firearms between spouses:

http://ag.ca.gov/firearms/pubfaqs.php#21

6. Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?

Yes, as long as the person receiving the firearm is not in a prohibited category PDF logo [PDF 10 kb / 1 pg] and the firearm is not an assault weapon, the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer. However, if the firearm is a handgun, the recipient must submit an Report of Operation of Law or Intra-Familial Handgun Transaction PDF logo [PDF 481 kb / 2 pg] and $19 fee to the DOJ within 30 days.

(PC sections 12076(f), 12078(i))

[GoingQuiet]

I was witness to the following:

Woman and child come in to a gun shop, talk to sales staff then pick up an AR-15 style rifle to buy. While the process is starting to do DROS and 4473 paperwork, I asked if it was a .22LR since the child with her was around 9-10 years old.

Her response was she did not know,she was buying it for her husband. Salesperson was on the other side of the counter prepping the paperwork. I said nothing at that point and went about my business. The purchase proceeded.

Absolutely nothing wrong with buying a gun for a spouse. Firearm gifts are clearly addressed on the 4473 as an acceptable practice.

[Cokebottle]

Absolutely nothing wrong with buying a gun for a spouse. Firearm gifts are clearly addressed on the 4473 as an acceptable practice.

+1

It would only have been a straw purchase if her husband was a prohibited person.
If he's legal, and she was buying the gun with "her own" (yes, their) money, then the transaction was 100% legal.

[kemasa]

When she says that it is for her husband, then additional questions need to be asked.The problem is that you don't know whether it is a gift or a straw purchase and you can't just ignore it.

[Cokebottle]

Agreed... but that is the responsibility of the FFL employee... not a customer.
We don't know if such questions were asked as the customer only overheard part of the transaction. We don't know if the woman and her husband were regulars at the shop and the staff knows that he's not prohibited...

[tenpercentfirearms]

As a customer, no. As an employee, I just get to the point and ask if she is buying it for her husband because he is a prohibited person. If she says yes, no sale. If she says no, hopefully her explanation sounds good like: "It is for Christmas" or "I am trying to make up to him because I can't keep my hands off of gun dealers".

[mariodesmo]

Agreed... but that is the responsibility of the FFL employee... not a customer.
We don't know if such questions were asked as the customer only overheard part of the transaction. We don't know if the woman and her husband were regulars at the shop and the staff knows that he's not prohibited...

I agree with the above.

I was always told while growing up, not to stick my nose in other people's business.

With all due respect, if I am not the dealer/employee, then it's none of my business.

It is the dealer's responsibility to make a determination about the appropriateness of such a transaction.

[efillc]

It is the dealer's responsibility to make a determination about the appropriateness of such a transaction.

This. Don't know about the rest of you, but there were quite a few gifts transferred through our place this past week. There are going to be a lot of happy hubbies in my area on Christmas morning.

[jeep7081]

It sounds like you were just a customer. Personally, most likely I would have said something quietly to someone who worked at the place. Did the salesperson hear her say that?

Confronting a customer in a place as just another customer is not a good thing to do.

With respect to firearms between spouses:

http://ag.ca.gov/firearms/pubfaqs.php#21

I have to agree. If someone confronted me or my wife. I would put them in their place. Personally, I am not a huge fan of "hall monitors". I have to wonder if the OP said something to try and catch her in the act.

It is Christmas season....

Let me add. I have went into many big name stores and have looked at many firearms. I have been asked "what I am looking for?" My reply is "I am looking for a firearm for my wife". Nothing more. Also, nothing else was said to me. A few times, I actually did buy. Now, neither my wife or I am "Prohibited". In one case I was looking for a smaller firearm for my wife to shoot when she comes out with me. They don't know this. Could my wife just do it her self? Sure. Is it easier for me to just show my PC832 cert and be done? Yep. Not going to get into the fine line of ownership between spouses. But, you get the point.

Now, if its reversed, like the OP stated. Why is it different when a women walks in and says the same. We assume the husband is prohibited. Maybe the sales person knew her and knew it was the holidays? I don't know.

[dirtyJ]

As a customer, no. As an employee, I just get to the point and ask if she is buying it for her husband because he is a prohibited person. If she says yes, no sale. If she says no, hopefully her explanation sounds good like: "It is for Christmas" or "I am trying to make up to him because I can't keep my hands off of gun dealers".

Keep dreaming, women don't like honest gun dealers, they like the ones that sell out of their trunks .

[RP1911]

I have to agree. If someone confronted me or my wife. I would put them in their place. Personally, I am not a huge fan of "hall monitors". I have to wonder if the OP said something to try and catch her in the act.

It is Christmas season....

Let me add. I have went into many big name stores and have looked at many firearms. I have been asked "what I am looking for?" My reply is "I am looking for a firearm for my wife". Nothing more. Also, nothing else was said to me. A few times, I actually did buy. Now, neither my wife or I am "Prohibited". In one case I was looking for a smaller firearm for my wife to shoot when she comes out with me. They don't know this. Could my wife just do it her self? Sure. Is it easier for me to just show my PC832 cert and be done? Yep. Not going to get into the fine line of ownership between spouses. But, you get the point.

Now, if its reversed, like the OP stated. Why is it different when a women walks in and says the same. We assume the husband is prohibited. Maybe the sales person knew her and knew it was the holidays? I don't know.

I observed that she was buying an AR and asked if it was a .22LR since there was a 9-10 year old with her. Thinking she was buying an AR for the kid for Christmas and I was going to make a nice and pleasant comment. She responded with: "I don't know, it's for my husband." End of conversation. I said nothing else and went about my business. I wasn't trying to trick her into anything.

[rspar]

It sounds to me like she needed some help she didn't know if it was a .22 or not? Maybe the salesman should be helping instead of selling.