Spouse Pick Up?

[Mulatto Mayhem]

I was wondering if I am able to order a AR15 Stripped lower, send it to an FFL and then have my wife pick it up. The reason I ask this question is because of the crazy low prices on AR lowers right now and the fact that I am stationed overseas.

[jdben92883]

No. Why not just have your wife order it and pick it up? She gift it to you when you get back.

[Mulatto Mayhem]

It was honestly one of those after though things. We are actually going to go that route.

[Scuba951]

I really don't see an issue with it.
When placing an online order, specify the ship to is your wife, bill to is you.
As long as your wife fills out the dros at the FFL when it arrives, everything should be kosher.

[teg33]

I really don't see an issue with it.
When placing an online order, specify the ship to is your wife, bill to is you.
As long as your wife fills out the dros at the FFL when it arrives, everything should be kosher.

It could be fall into straw purchase

[dachan]

I really don't see an issue with it.
When placing an online order, specify the ship to is your wife, bill to is you.
As long as your wife fills out the dros at the FFL when it arrives, everything should be kosher.

The issue is when the wife fills out the 4473, can she honestly say that she is the buyer? If the OP really wants to take advantage of the current market, he is better off working with his FFL to hold any purchases until he gets back. Especially, when this thing has been getting alot of press lately:

http://citizensforsafety.org/operation-lipstick/

http://www.bostonmagazine.com/news/blog/2013/11/22/operation-lipstick-goes-national/

[acespawnshop]

Question 11A on the 4473 explains on the back that you are the actual buyer/transferee if you are legitimately purchasing the firearm as as git for a third party.

Your wife and you have a common law marriage in CA. It would not be a straw purchase at all. It would only be a straw purchase if you were a prohibited person. But since you are an active duty deployed overseas I doubt that is the case.

[teg33]

Question 11A on the 4473 explains on the back that you are the actual buyer/transferee if you are legitimately purchasing the firearm as as git for a third party.

Your wife and you have a common law marriage in CA. It would not be a straw purchase at all. It would only be a straw purchase if you were a prohibited person. But since you are an active duty deployed overseas I doubt that is the case.

Not sure, I could be wrong but isn't gun ownership doesn't fall into common property in marriage?

[acespawnshop]

As far as I know it does. Reasoning: and this is just from what I think makes sense. My friends CCW has a firearm on it who was registered to his wife and her CCW has a firearm on it that was registered to him. SBSO told both of them it didn't matter as they were married. They require your handguns be registered to you when you put them on your permit. In their case they said since it was community property it was fine.

Now, I seem to recall having a discussion about this sometime ago here but I cant find it. But either way for the OP's question it would not fall under a straw purchase even if she were to gift it later through an oplaw form after 2014 it sill isn't illegal as he isn't a prohibited person.

[E Michael]

In a marriage it is not common property that is why if your spouse is a felon you can still own a gun they just can't have access to it

[kemasa]

It would be a straw purchase as she is not the actual buyer/transferee. There is no real community property with respect to firearms, it is only "registered" to one person.

A straw purchase is not required to involved a prohibited person (there is a Supreme Court case about this issue, but until it is settled ...).

I am not sure that anything would be done about it, but that does not make it a problem. She could buy it as a gift. but if she buys it for another person, including her husband, it could be considered a straw purchase unfortunately.

[SoCal Gunner]

I was in a LGS and while waiting overheard the guy in front of me flat out say he was a Felon but wanted to purchase a shotgun. The LGS clerk told him to send his wife in and that that was legit because they were married. I know LGS info is never wrong.

[kemasa]

And the LGS had best hope that it was not a BATF agent testing them as they failed.

[Gutz]

This thread title was a bit misleading...

[jaymz]

Not that it matters (OP seems to have it figured out), but a spouse buying a firearm as a gift for a spouse, is NOT a straw purchase.