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firearms as a prize QUESTION

jesnlsnjesnlsn Member Posts: 881 ✭✭✭
edited April 2014 in General Discussion
Gentlemen: (and of course LF too!)

I"m promoting some team ropings this summer and I'd like to have a roping called "Win the Winchester". In which one of the prizes is a lever gun.

What are the legal requirements to give a firearm away as a prize?

If I own it legally can I "gift" it?

as long as the winner is legally eligible to own firearms?

or does the rifle need to pass from an FFL to the winner?

I live in AZ where private transactions among state citizens are legal.

thnx for your advice in advance.

jtn

Comments

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    MG1890MG1890 Member Posts: 4,649
    edited November -1
    Make the winner pick it up at the FFL. Standard practice here.
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    shilowarshilowar Member Posts: 38,815 ✭✭✭
    edited November -1
    quote:Originally posted by MG1890
    Make the winner pick it up at the FFL. Standard practice here.


    Yep, the organization arranges the purchase in advance and provides a coupon to the winner, who in turn redeems it at the guns shop and completes the purchase process.
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    Spider7115Spider7115 Member, Moderator Posts: 29,714 ******
    edited November -1
    Definitely use an FFL dealer to protect yourself in case an ineligible person wins it.
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    jesnlsnjesnlsn Member Posts: 881 ✭✭✭
    edited November -1
    so it doesn't turn into a "straw" purchase or anything if I have paid for it right?

    as long as the winner or eventual owner is the one who fills out the 4473 and is legally eligible for the rifle then the fact I paid for it should not cause any legal concerns.
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    MG1890MG1890 Member Posts: 4,649
    edited November -1
    quote:Originally posted by jesnlsn
    so it doesn't turn into a "straw" purchase or anything if I have paid for it right?

    as long as the winner or eventual owner is the one who fills out the 4473 and is legally eligible for the rifle then the fact I paid for it should not cause any legal concerns.


    Correct. Again, this is standard raffle gun practice.
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    andrewsw16andrewsw16 Member Posts: 10,728 ✭✭✭
    edited November -1
    Not necessary to always use an FFL for this situation. IF you have determined the person is legally allowed to receive a gun in your location, you can do a face to face. It is your responsibility to make that determination, such as by seeing an instate drivers license and asking him if he is legally eligible to make a face to face purchase. If they are from out of state, you need to transfer it to an FFL in the winner's state.
    Our local gun club has an annual dinner and multi gun raffle. 99% of our raffle winners are local residents so we just do a face to face private transfer.
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    austin20austin20 Member Posts: 35,061 ✭✭✭✭
    edited November -1
    quote:Originally posted by MG1890
    Make the winner pick it up at the FFL. Standard practice here.
    That is some dadgum good advice.
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    MG1890MG1890 Member Posts: 4,649
    edited November -1
    quote:Originally posted by andrewsw16
    Not necessary to always use an FFL for this situation. IF you have determined the person is legally allowed to receive a gun in your location, you can do a face to face. It is your responsibility to make that determination, such as by seeing an instate drivers license and asking him if he is legally eligible to make a face to face purchase. If they are from out of state, you need to transfer it to an FFL in the winner's state.
    Our local gun club has an annual dinner and multi gun raffle. 99% of our raffle winners are local residents so we just do a face to face private transfer.


    So whomever buys the gun KNOWS that it is really not for them??

    VERY risky in my book......

    Use the FFL.
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    nmyersnmyers Member Posts: 16,880 ✭✭✭✭
    edited November -1
    We're not disputing that it would be legal for jtn to give it to a state resident he didn't really know. We're just saying, by having an FFL run the winner through NICS, he will avoid possible legal problems if the winner turned out to be a prohibited person. The legal term for this is known as "covering your barack".

    Jtn will sleep more soundly if he follows the established past practice of others who have run auctions.

    Be sure to hold enough money to cover the FFL's fee.

    Neal
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    KEVD18KEVD18 Member Posts: 15,037
    edited November -1
    It's legal to do it without the ffl. It's smarter/safer but no more legal to do it with the ffl.
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    LesWVaLesWVa Member Posts: 10,490 ✭✭
    edited November -1
    quote:Originally posted by KEVD18
    It's legal to do it without the ffl. It's smarter/safer but no more legal to do it with the ffl.

    True. I could not begin to count the firearms that have been handed over to winners here during on the 50 yard line half time of football games. Couple of years ago the school board banned them from doing it on school property.

    The way things are now. I would only go through an FFL to cover my tail if nothing else.
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    ChrisInTempeChrisInTempe Member Posts: 15,562
    edited November -1
    Also in Arizona, and if it was just a face to face between two private parties, I wouldn't worry about FFL's. I've sold a couple of handguns locally (via GB auctions!) and all we did was show each other our driver licenses and AZ CWP cards.

    Problem is while the FFL is not required what you are doing is kind of in the public eye. We live in a world of lawyers and people who love to employ them. Anything goes wrong and you will wish you'd built some CYA into this plan.

    Perhaps you can find an FFL to donate the service of handling the transaction?

    I like the idea of the winner gets a coupon to take to the gun shop. Include a sheet of rules for the prize that says if the transfer comes back prohibited, the prize goes to the next lowest winner until an eligible transferee is found.
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    cranky2cranky2 Member Posts: 3,236 ✭✭
    edited November -1
    At the local fire dept. we just pay the dealer for the gun then let the winner pick it up and do the paper work.
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    Tailgunner1954Tailgunner1954 Member Posts: 7,734 ✭✭
    edited November -1
    Award a "gift certificate" from the gun shop, for the amount of the prize (& tax).

    That way you avoid any and all questions about the winners eligibility/legality (that's what a bank here did, instead of paying interest on CD's. Yes, the one mentioned in M. Moore's one movie)
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    jesnlsnjesnlsn Member Posts: 881 ✭✭✭
    edited November -1
    thank you everyone for your input,

    I will use my local ffl and run it through his gun shop.

    thinking this might turn into an awful good promotion item!

    what self respecting cowboy doesn't want to win a lever gun?
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