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Discussion Starter #1
So I have an issue that I'm hoping to get an accurate answer on. A while back I told my fiancee about this 1911 at my local store. Big deal right well I'm pretty positive now she's going to try and surprise me with it. I'm worried about one thing though. A close friend told me that if she tells the salesman she's buying it for me or a gift for me or anything similar to that they will terminate the sale.

I don't want her to feel bummed if this happens. Is this true? If so I'll do what's best and tell her not to do it.

I live in Indiana if that makes a difference
 

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It's illegal to buy a handgun as a gift anywhere in the US. Buying a handgun as a gift is considered a straw purchase. She just needs to give you the cash or a gift certificate. Then you can walk into the store and make a legal purchase.
 

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Discussion Starter #3
Thanks for the clarification. Its been about 10 years since I've purchased one at a store and I couldn't remember.

Thanks again
 

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It is perfectly legal to purchase a handgun as a bona fide gift for another person as long as that person can legally possess a handgun. Even the instructions on the federal form 4473 make that clear. She should have no problems with the purchase.

Chuck
 

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1911

It's illegal to buy a handgun as a gift anywhere in the US. Buying a handgun as a gift is considered a straw purchase. She just needs to give you the cash or a gift certificate. Then you can walk into the store and make a legal purchase.
I did not know that:D
 

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It's illegal to buy a handgun as a gift anywhere in the US. Buying a handgun as a gift is considered a straw purchase. She just needs to give you the cash or a gift certificate. Then you can walk into the store and make a legal purchase.
Based on the ATF documentation it is not illegal and is not considered a straw purchase.

If you are legally allowed to purchase a gun and the person you are purchasing is legally allowed to own that it's not straw purchase. Basically if the person you are purchasing it for could purchase it them self without problems then it's ok.

The issue comes into how the Federal law is worded. It doesn't not indicate any of this.

See: Straw purchase - Wikipedia, the free encyclopedia

In the context of United States federal gun laws, a straw purchase is defined as any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is acting as a proxy for another person. The law does not distinguish between someone who is purchasing on behalf of a person who legally cannot purchase or possess a firearm, and one who is not.
In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor. One of the questions on Form 4473 is “I am the buyer of this firearm” and the purchaser must answer honestly yes or no, by checking the appropriate box in ink. However, purchase of a firearm as a bona fide gift for someone who can legally own such a firearm is permitted.

http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

15. STRAW PURCHASES

In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm. In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser's residence address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms from the licensee.

However further down their example shows that purchasing a gun as a gift for someone is not considered a straw purchase.

An example of an illegal straw purchase is as follows: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. If Mr. Jones fills out Form 4473, he violates the law by falsely stating that he is the actual buyer of the firearm. Mr. Smith also violates the law because he has unlawfully aided and abetted or caused the making of false statements on the form. Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above example, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473.
The use of gift certificates would also not fall within the category of straw purchases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealer's records.
 

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It's not illegal at all. In fact, my parents bought me a 22/45 Mark III Hunter last year for Christmas. Mom went and paid for it and I went with her to pick it up and put it in my name. They would have sold it to her regardless, but I wanted it in my name.

If she's legally able to buy the gun, then there's no issue at all.
 

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It's illegal to buy a handgun as a gift anywhere in the US. Buying a handgun as a gift is considered a straw purchase. She just needs to give you the cash or a gift certificate. Then you can walk into the store and make a legal purchase.

^100% WRONG.



A straw purchase is intentionally purchasing a firearm in your name with the intention of delivering it to someone who is prohibited from owning a firearm.

If the person receiving the firearm is legally able to possess a firearm, then I can gift it to that person. The onus is on me to make darn sure that the person to whom I'm gifting the firearm can possess one.

Because I would only gift a firearm to a very very close friend or family, I'll know.
 

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It's perfectly legal for her to purchase a gun for you.

It is only illegal if she is buying for a convicted felon, someone under age, or someone not legally able to possess a handgun. As stated above.
 

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The problem with buying any firearm as a gift is that gun dealers are so afraid of crooked schemes that the BATF might have going (think of Fast & Furious) that they are not taking any chances. I have seen dealers refuse a sale when a person burrowed $20.00 from a friend to buy a $450.00 shotgun and they were both completely legal to buy a firearm the dealer refused the sale to be on the safe side. The BATF are so corrupt and determined to shut down as many dealers as possible that a dealer will stop a sale if they think that anything about it can be twisted or falsified to make the sale look illegal.
 

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It's not illegal at all. In fact, my parents bought me a 22/45 Mark III Hunter last year for Christmas. Mom went and paid for it and I went with her to pick it up and put it in my name. They would have sold it to her regardless, but I wanted it in my name.

If she's legally able to buy the gun, then there's no issue at all.
What do you mean by PUT it in your name? Does SC have a gun registry?

The NICS check is purely for checking to see if you can legally purchase the firearm and isn't a "Registration" of any sorts.
 

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Discussion Starter #12
First response threw me off a bit. Thanks for the information guys I really appreciate it.
 

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Questions about GS purchase

A couple years ago my wife went to our local GS to buy me a Ruger revolver for our anniversary. She told me later as she was filling out the papers, she asked him why I wanted another revolver, I already had several?

He replied, "How many pairs of shoes do you have?"

Grampie not Grumpie,
 
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