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Transferring firearms as a gift

Texas HunterTexas Hunter Member Posts: 484 ✭✭✭
edited October 2007 in Ask the Experts
Just curious about this.
I was thinking of buying a .243 for my brother for Christmas.
When you are filling out the transfer form there's the question on it if the firearm is for you or some such.
So if you put no to the question because you are purchasing it as a gift for someone that can legally own it will this cause a major delay in taking possesion of the rifle??
Just wanting to make sure everything is legit even in gun friendly Texas.
Red tape never seems to end does it.

Comments

  • SigfanSigfan Member Posts: 185 ✭✭✭
    edited November -1
    You put YES to that question, as you ARE the one legally buying it. If you put NO, you can't buy it at all. Gifting it after buying it is totally legal, as long as the giftee is not a prohibited person.
  • Ronald J. SnowRonald J. Snow Member Posts: 1,346 ✭✭✭✭✭
    edited November -1
    In addition to what Sigfan said, your brother must be a resident of the same state as you or to legally gift the firearm the transfer would have to go through a FFL holder in his state of residence. RJSnow
  • 11b6r11b6r Member Posts: 16,584 ✭✭✭
    edited November -1
    As the man said- you ARE the actual buyer. Where the issue of "straw man sales" rears it's ugly head, is if your brother gave you money to buy a gun FOR him. That is a no-no- but yes, making a gift of a weapon to someone that CAN legally possess a gun is not a problem (under Fed law- states may vary)
  • nmyersnmyers Member Posts: 16,883 ✭✭✭✭
    edited November -1
    According to ATF P5300.4, page 166, 15. STRAW PURCHASES:

    "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."

    Neal
  • Texas HunterTexas Hunter Member Posts: 484 ✭✭✭
    edited November -1
    Thanks all.
    And thank you nmyers for showing the ATF regulation on this.
    Like i said i live in gun friendly Texas but today one can never be too sure any more.

    Someone mentioned to me that what i was going to do could be construed as a straw purchase.
    This is why i asked the question.
    Nice to have the straight facts.
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