Straw purchase?

[JWD123]

Can buy/pay for a gun with my credit card for my brother in law, as a present and have him fill the DROS out in his name? Or is that still considered a straw purchase? I would give him the money but I wanted to surprise him.

[Shadow619]

As long as the paperwork is done in his name with him present and he is the intended owner of the firearm, it is not a straw purchase.

A straw purchase would be you buying the gun in your name but give it to him. Or if you paid for it, and he put it in his name, but it was really for you.

Guns can be purchased as gifts in just the way you described. It's perfectly legal for you to do it that way.

And what an awesome brother you are!!!

[Chunky_lover]

is this locally at a store
or online
im pretty sure the store does not care who pays
all that matters is who fills out the forms

obviously he will need to be there at some point to do the paperwork

and I have no idea if a store will let you pay and hold it for him to show up
or you doing that at the same time then im sure that wont matter


just like when I buy at big 5
I do all the paperwork
at the end I go to the register to pay with a receipt slip
anyone at that point can pay, cash or credit the name doesnt matter
im sure a gun store is the same

I could tell you what I think straw purchase means, but better to just google it because I would have the legal words incorrect

[micro911]

Couple of gunshop wouldn't let me do that in the past. But, it was a long time ago. One particular gunshop had me buy a gift card and give it to my friend, so HE can pay for it himself with the gift card. So, I did.

[Garv]

I am an only child, can you adopt me?

Good gift bro.

[ChamberCheck]

While it may be legal, and it is not a straw purchase by definition, you might find that an FFL may be hesitant to do your sale. To them, it "might" appear to be a straw purchase not for your brother, but you. It might be a red flag for them if your brother is filling out the paperwork with you paying...despite what your explanation may be.

I'm kind of missing how it would be a surprise for him if he is filling out the paperwork, but I don't get out much.

Dave

[ptmn]

I was just thinking about the same issue. My girlfriend is buying me a new off duty weapon, a Smith and Wesson Shield 9mm for a late Christmas gift.

We are planning to go to LC Action and I was wondering if there is going to be any issues with her paying for it even though it is being DROS'ed to me.

[CSACANNONEER]

It will depend on the FFL and how the transaction appears to the FFL. If it appears to be a possible straw purchase, they can not legally do it. I suggest using your local FFL that knows you personally and, even then, ask before you try it.

[SkyHawk]

It will depend on the FFL and how the transaction appears to the FFL. If it appears to be a possible straw purchase, they can not legally do it. I suggest using your local FFL that knows you personally and, even then, ask before you try it.

This. It is perfectly legal but best to do it at a FFL you know or they might not do it.

[ke6guj]

This. It is perfectly legal but best to do it at a FFL you know or they might not do it.

exactly. doing it at your go-to FFL where you buy firearms almost every monty, the guy would probably know that you aren't trying to use the BIL as a straw purchaser, but are actually paying for a gift. walking into an FFL cold, where you have never done business before and telling the dealer, "I'm gonna pay for the gun but he is going to do the paperwork" is gonna throw up red flags no matter what.

[ke6guj]

oh, and this is better off in the FFL forum vs. the LEO forum, so I moved it.

[rparz]

Is the key to a straw purchase the fact that the paperwork stays in the purchasers name, yet possession is someone else?

Hypothetically say someone buys out of state for someone else. They legally bring into state and then both go to FFL to PPT. The paperwork ends up legit, in this scenario. This is kosher, yes? All they care about is who is registered the gun actually owns it...and at the end of the day, this is true.

[PyroFox79]

Couple of gunshop wouldn't let me do that in the past. But, it was a long time ago. One particular gunshop had me buy a gift card and give it to my friend, so HE can pay for it himself with the gift card. So, I did.

Parralax Tactical made me do that for my girlfriends Pistol. Even though i had bought a gun from them before. Needless to say i havent been back since.

[JeffM]

Is the key to a straw purchase the fact that the paperwork stays in the purchasers name, yet possession is someone else?

Hypothetically say someone buys out of state for someone else. They legally bring into state and then both go to FFL to PPT. The paperwork ends up legit, in this scenario. This is kosher, yes? All they care about is who is registered the gun actually owns it...and at the end of the day, this is true.

That seems to be the position that the ATF has taken. The CA DOJ however doesn't seem to share the sentiment, ie when a LEO purchases an off-roster pistol to then PPT it to non-LE. I have heard from some local LE that their departments, based on CA DOJ encouragement, have given them guidelines (which may or may not include official policy) against the practice.

Another good example is the FBI case against the former law enforcement officer who purchased a Glock for his uncle, using his LE credentials for a discount, when the uncle could have legally purchased it himself.

http://www.wsj.com/articles/supreme-court-upholds-federal-ban-on-straw-purchases-of-guns-1402932979