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Does POA cover firearm purchases?

CKPW1CKPW1 Member Posts: 43 ✭
edited October 2012 in General Discussion
Question: Does a Power of Attorney cover firearms purchases? I am deployed in Afghanistan and purchased a rifle on gunbroker and will have it shipped to my FFL. My wife has POA. Can she sign my name to the form? Is it a "Straw Purchase", if she signs her name? Is it a moot point because were married? But, she kept her maiden name, so does that complicate things? Am I always going to have to ask her permission when I want to take it out and shoot because it is "hers"? That last question is not a totally serious question. Does the state make a difference? My home is Indiana.
Thanks in advance for any input.
MSG BKW
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Comments

  • HandLoadHandLoad Member Posts: 15,998 ✭
    edited November -1
    It will have to sit at your chosen FFL until You can appear in person to personally fill out the Froms.

    POA Does not allow/cover purchase of Firearms.
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  • Horse Plains DrifterHorse Plains Drifter Forums Admins, Member, Moderator Posts: 40,166 ***** Forums Admin
    edited November -1
    What Handload said, or SHE can go to the FFL and purchade the firearm for HERSELF, and gift it to you. Nothing illegal about that.
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  • swopjanswopjan Member Posts: 3,292
    edited November -1
    Couldn't you have it sent to 'Mr. and Mrs. CKPW1'?
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  • CKPW1CKPW1 Member Posts: 43 ✭
    edited November -1
    Thanks folks. Some how, no matter what, she will probably always consider it "hers".
    MSG BKW
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  • jjmitchell60jjmitchell60 Member Posts: 3,887
    edited November -1
    I am a FFL holder and have called the BATFE to ask this specific question for military personal (while our local guard unit wa deployed to Afganistan) and for my own family members (my son is USAF and 2 nephews USA) so here is what they (BATFE) told me:

    POAs drawn up due to the Survicemembers Civil Relief Act can be read to allow the use of a POA in firearms transactions BUT it is only to dispose of firearms while the military member is deployed and CANNOT be used to purchase firearms.
    Now the ATF did say it is becoming a question ask more often being many of the gun makers are offering service members special deals on new firearms so they are concidering changing the rules BUT due to the possible abuse of using a POA to purchase a firearm, it will never happen IMHO.

    My nephew bought one while in Iraq and his wife basically did the paperwork in her name and gifted it to him on his return as some advised above. Now he did contact the seller and ask them to put her name as the person who it was to be sold to but that was correct being she was paying for it since he was in Iraq at the time. I am just glad it his home base was in NY so I did not handle the transaction. My son has had guns sent to me that he has bought on te special deals but I keep them on the books till he comes in and then we do the paper work.
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  • CKPW1CKPW1 Member Posts: 43 ✭
    edited November -1
    Nice, she could sell my collection, but I can't add to it.
    The check used to pay for it had both our names on it.
    Thanks for the input!
    MSG BKW
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  • HandLoadHandLoad Member Posts: 15,998 ✭
    edited November -1
    Thanks For Your Service! Keep Safe, and We'll be Praying for all Y'all.
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  • CKPW1CKPW1 Member Posts: 43 ✭
    edited November -1
    Thanks for all the input, I am hoping I get a new AR for Christmas from my wife![:D]
    I've had a good deployment so far. A few injuries, but not lost anyone in our unit. Other units have had some devastating losses around here. We do appreciate the prayers.
    MSG BKW
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  • wiplashwiplash Member Posts: 7,145 ✭✭
    edited November -1
    You gave your Wife POA!

    Are you one of those Soldiers that actually stick your head out of a hole and shoot back!

    Good job, thanks, and good luck.
    There is no such thing as Liberal Men, only Liberal Women with Penises.'
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  • CKPW1CKPW1 Member Posts: 43 ✭
    edited November -1
    Yes, I did give her POA, I figure after 26 years I probably can trust her. Not many "holes" around here. Even with the tight ROE, I can shoot back. I'm not a "door kicker", but I'm not a total FOBBIT, I get outside the wire a few times a month to meet with various government and local officials and people. Most excitement I've seen was on June 1, 30 seconds and/or four feet, I would have been sent home under a flag. It just wasn't my day. Do an internet search for FOB Salerno attack June 1. It was impressive. I have an easy deployment compared to most I would say. It is probably less dangerous here than in a lot of urban areas. If things stay the same, and if I am blessed with grandchildren and they ask, "Grandpa, what did you do in the war?" I can say, "I helped farmers and I didn't have to kill anybody." But don't get me wrong, I will not hesitate to kill the bad guys if the situation arises. The problem is the real bad guys that need killing never appear on a battlefield, around here, they hide in Pakistan. It has probably been that way through history. I'm sure that is not news to anyone.
    MSG BKW
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