Spouse Pick Up?

[acespawnshop]

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.

Sounds like an ATF sting to me

[dachan]

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.

I'm reading the replies it slightly differently. A spouse (or anyone) can pay for the firearm as a gift, but the receipient must complete the DROS and 4473; otherwise it is a straw purchase. So, say your brother wants to give you a rifle for Christmas, he can pay for it, but you have to go to the dealer to complete the DROS and 4473. Furthermore, in CA, only intrafamily can gift a firearm without benefit of a dealer transfer; where intrafamily means straight up or down the bloodline. Meaning it is illegal for your wife to purchase and DROS a firearm, then give it to you for Christmas without a PPT. Whereas, it is legal for you daughter to purchase and DROS a firearm and then gift it to you for Christmas; but in the case of a handgun, you would still have to report it through the Oplaw form.

[Ninety]

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.

This is correct ^^^^

In the back if the 4473 it explains very clearly. A spouse buying a firearm as a gift for family member that falls under interfamily transfer laws ,that is not prohibited from owning firearms, is clearly not a straw purchase.

After Jan 1 you will need to fill out paperwork and pay the 19$

Sent from an electronic tracking device

[kemasa]

I'm reading the replies it slightly differently. A spouse (or anyone) can pay for the firearm as a gift, but the receipient must complete the DROS and 4473; otherwise it is a straw purchase.

Incorrect. A spouse is exempt from having to go through a FFL and a spouse can purchase a firearm from a FFL as a gift. The problem comes in when the spouse is not buying it as a gift, but instead is buying it FOR the spouse. That could make them not the actual buyer/transferee.

http://oag.ca.gov/firearms/pubfaqs#6

So, say your brother wants to give you a rifle for Christmas, he can pay for it, but you have to go to the dealer to complete the DROS and 4473.

A firearm can be purchased from a FFL as a gift and pick up the firearm. In CA, for a brother, it would then have to be transferred through a FFL (PPT).

Furthermore, in CA, only intrafamily can gift a firearm without benefit of a dealer transfer; where intrafamily means straight up or down the bloodline.

Incorrect, that is not the only exemption.

Meaning it is illegal for your wife to purchase and DROS a firearm, then give it to you for Christmas without a PPT.

Incorrect, see above.

Whereas, it is legal for you daughter to purchase and DROS a firearm and then gift it to you for Christmas; but in the case of a handgun, you would still have to report it through the Oplaw form.

Correct. Also a HSC would be needed. Some 2014, all firearms will have to be reported.

[dachan]

Much more clear, thank you.