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Transfers, Registration, Etc...

ROACHROACH Member Posts: 20 ✭✭
edited June 2002 in Ask the Experts
I have a friend that is interested in a gun at a local shop. He really wants it now before someone else buys it, but does not have his FOID card just yet. It's on the way. Is it possible for me to buy it for him, keep it, and then sell it to him when he finally gets his FOID card? Do I need to do a transfer with an FFL dealer on this transaction to get my name off of the gun?

That brings up another question, when I purchase a gun from a shop is that gun registered under my name or is it strictly kept on the shops records and no where else?

I like things that go "BOOM"!!!
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Comments

  • agloreaglore Member Posts: 6,012
    edited November -1
    Why doesn't your friend just put some money down on that gun. When you buy the gun, you are the one signing the 4473 as the buyer. Straw purchases are illegal.

    AlleninAlaska aglore@gci.net

    Free men are not equal and equal men are not free
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  • ADfreeADfree Member Posts: 188 ✭✭✭
    edited November -1
    If you were to buy it, try it out a few times, and decide that you don't want it anymore I am sure you could somehow sell it to your pal.
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  • ROACHROACH Member Posts: 20 ✭✭
    edited November -1
    Oh believe me, I understand the legalities of buying a gun for someone else...especially someone without a FOID card. I have no intention of doing such a thing.

    Again, my friend really wants this gun, but does not have his FOID card yet. I would like to buy it and hang on to it until he does get his FOID card. At that time I would sell it to him. My question is, can I do that as a private transaction OR would I always be the owner of the gun because it was somehow registered as mine when I bought it? Do I need to have it transferred via a FFL dealer?

    If I can do it, GREAT! If not, he will have to decide if the gun is really worth paying another $25.00 for (transfer fee).

    Back to what "aglore" said, can he put money down on a gun if he does not have a FOID card?

    What about my second question I posted originally, when you buy a gun from a shop is it registered to you anywhere else other than the gun shop? I'm unfamiliar with that whole process.

    Thanks!

    I like things that go "BOOM"!!!
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  • k.stanonikk.stanonik Member Posts: 2,109 ✭✭
    edited November -1
    Is his foid applied for, if so how long ago, he can put it on lay a way and make payment and do the paper work when his card comes in.
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  • ROACHROACH Member Posts: 20 ✭✭
    edited November -1
    He just submitted it yesterday. The shop told him that it would take 8 weeks, but that's what they always say. It may come in 2 weeks for all we know. Maybe not.

    The shop has a lay-a-way plan, but it's only for 30 days. That's cutting it too close. I'd hate for him to lose his deposit.

    Thus my question, can I do this for him or NO?

    I like things that go "BOOM"!!!
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  • nmyersnmyers Member Posts: 16,887 ✭✭✭✭
    edited November -1
    The answer to most of your questions is "It depends."

    First, there is no federal firearms registration system; that is prohibited by law. However, when a dealer does a Brady check on an application, that information is briefly kept on Treasury's computer; the definition of "briefly" depends upon the administration.

    As for "registration", every dealer must maintain a bound book showing all firearms transfers. He keeps that for as long as he is in business, and it is open to all law enforcement agencies. So, there will always be a record that the gun was sold to you, if you were to buy it.

    You didn't say which state you live in, and that makes a big difference. Even with a FOID, some states require reporting of some or all firearms transfers. Some states keep their own data bases of firearms, and their owners. So, you really need to know the law in your own state (even city and county).

    As for the plan for you to buy it, and then, in an unrelated transaction, resell it to your friend---well, if anyone were to suspect that you were attempting to circumvent state law or federal Brady law, the consequences could be quite unpleasant.

    The bottom line: It is a BAD idea for you to get involved in your friend's gun purchase. You leave yourself wide open to all kinds of statutory violations, not to mention financial liability. If you have anything that is of value to you (job? house? wife?), think about the possibility of losing it. Don't worry about your friend; he can give the gun shop payment in full, and they will be glad to hold the gun for him. As long as the gun is in their safe, and their bound book shows that it is in their possession, there is no problem.

    Neal
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  • AntiqueDrAntiqueDr Member Posts: 691 ✭✭✭✭
    edited November -1
    I imagine they made more than one of whatever it is, and there will be another one for sale somewhere after his FOID card comes in.



    We buy, sell and trade quality guns and scopes!Master Dealer for Kimber, Wilson Combat and Dan Wesson.Visit our website at www.ApaxEnterprises.com
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  • ROACHROACH Member Posts: 20 ✭✭
    edited November -1
    Well, if it's going to cause me that kind of trouble, FORGET IT!

    Now you have me thinking...I'm just curious, if I wanted to sell one of my store-bought guns in the future to someone locally (a friend or relative), how do I go about it? Should I use an FFL dealer to do it legally? Or am I okay with doing a private transaction? Maybe keep a record of it? I guess this is kind of the same question as I already asked.

    I like things that go "BOOM"!!!
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  • nmyersnmyers Member Posts: 16,887 ✭✭✭✭
    edited November -1
    Same answer: "It depends."

    You must know your state and local law. IF private transfer of firearms is legal where you live, all you need to do is copy the buyer's name, address, and drivers license # and keep it for your records. That is, as long as you know that the buyer is not prohibited from obtaining a gun under federal and local law. A record of the buyers drivers license # shows that you saw his drivers license (you may not transfer a gun to a resident of another state).

    Neal
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  • bullelkbullelk Member Posts: 679 ✭✭✭✭
    edited November -1
    ROACH,
    You better listen to nmyers (Neal), he knows what he's talking about.

    Gino
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