2aHawaii
General Topics => General Discussion => Topic started by: mic808 on August 30, 2015, 09:57:45 PM
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hello fellow 2A,
i need some info on how to purchase a rifle as a gift to someone.
my brother in-law have a long gun permit, so his wife is planning to purchase a rifle as a surprise gift to him for his birthday but the problem is she doesnt have a long gun permit. can i buy the rifle and gave it to him as present and he will register it under his name? how long do we need to register a rifle after purchase it from a gun shop? thanks. sorry for the last minute question.
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hello fellow 2A,
i need some info on how to purchase a rifle as a gift to someone.
my brother in-law have a long gun permit, so his wife is planning to purchase a rifle as a surprise gift to him for his birthday but the problem is she doesnt have a long gun permit. can i buy the rifle and gave it to him as present and he will register it under his name? how long do we need to register a rifle after purchase it from a gun shop? thanks. sorry for the last minute question.
you can loan a long gun to someone for two weeks as long as they are not a prohibited individual
you have 5 days to register a long gun after you pick it up from the gun store
the part i am not sure of is if you have to complete the registration before you transfer, but i would think that you do
but then you can immediately transfer it to your BIL
since no one on this forum does anything illegal. i would be very careful to not break any state laws
i am sure other people will chime in soon
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thanks mac. yeah he have a current long gun permit. i also have a long gun permit. she decided to give me the money and im goin to purchase the rifle and give it to him. the only thing i dont know is gun shop can name the invoice to him instead of my name. maybe i can steal his long gun permit and bring it to the shop. what you think?
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thanks mac. yeah he have a current long gun permit. i also have a long gun permit. she decided to give me the money and im goin to purchase the rifle and give it to him. the only thing i dont know is gun shop can name the invoice to him instead of my name. maybe i can steal his long gun permit and bring it to the shop. what you think?
NO
i would not even walk into a gun store and joke about doing something like that
the gun store will not likely do it, and might even call the authorities on you
please follow all state and local laws
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technically i think the most legit way to do it is pay for the firearm at the shop. Have them hold the firearm and then have him pick it up from the store. Cause if u wanna get technical when filling out the 4473 when you click the box stating yes this firearm is for me and then transferring to someone shortly after can be looked at as a straw purchase and you lied on a federal document. Seems like would work out because your going to go with him to hpd to do the transfer anyways. So just go to the gun shop then hpd. Just my 2 cents.
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worse case is to buy the rifle and register it that day and transfer to him. sorry i didnt mean anything like that. i was just brainstorming and asking for suggestion to make sure i dont break any laws. its a last minute request. now she want to get the rifle by tomorrow or tuesday.
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thanks mauiboi, i think that's a good idea.
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thanks mauiboi, i think that's a good idea.
no problem
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Have the gun shop make a Gift Certificate for the rifle.
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thanks for all the input guys. i havent purchase or transfer ownership of rifle before. and sorry for the trouble
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https://youtu.be/2gaeWMfHUWA
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The ATF recommends that if you want to give someone a new firearm, rather than going to a gun store, buying it on your own and giving it to,
say your father, consider instead purchasing a gift certificate from that retailer and giving it to Dad as his present. That way he’ll get the
exact gun he wants, and there’s no question about who is “the actual buyer of the firearm,” which is a question any purchaser must certify
on the Federal Form 4473 at the time of purchase.
http://www.nssfblog.com/giving-a-firearm-as-a-gift-some-reminders-from-nssf/
I'm sure gun shops sell to customers all the time intending to give the gun as a gift. I'd recommend you ask the shop you're buying from what they suggest you do to avoid extra HPD trips, ATF Form 4473 snafus, and any warranty coverage issues that only apply to the original buyer.
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thanks for the info MD.
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First off picking up a gun for someone else is consider a straw purchases and is illegal. Any store that tell you other wise is setting you up. On the 4473 forum that is the first question I believe.
Here what you should do. Go in to any store and pick out a nice gun. Pay for it and have them invoice it to the person you plan on giving the rilfe to. Bring said person to the store and surprise them with it.
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thanks. i think that is what im goin to do since i kinda hate to drive all the way to HPD for somebody else rifle. if its for me,
no problem
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First off picking up a gun for someone else is consider a straw purchases and is illegal. Any store that tell you other wise is setting you up. On the 4473 forum that is the first question I believe.
Here what you should do. Go in to any store and pick out a nice gun. Pay for it and have them invoice it to the person you plan on giving the rilfe to. Bring said person to the store and surprise them with it.
Buying a firearm to give to someone is a gift is not a straw purchase, as long as you believe that they aren't prohibited to own one.
You can, in all good conscience, check yes on question 11a on the 4473 because you are, in fact, the buyer.
If you were buying by proxy for someone else who is unwilling or unable, that is a straw purchase.
As for how to work it out here in HI, you should ask a dealer. They have done it before.
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Buying a firearm to give to someone is a gift is not a straw purchase, as long as you believe that they aren't prohibited to own one.
You can, in all good conscience, check yes on question 11a on the 4473 because you are, in fact, the buyer.
If you were buying by proxy for someone else who is unwilling or unable, that is a straw purchase.
As for how to work it out here in HI, you should ask a dealer. They have done it before.
That's not entirely correct. The recent SCOTUS ruling from last year makes it clear that the status of the person receiving the firearm is immaterial. In the case cited below both individuals were allowed to own the firearm in question. The federal form and identification procedure make clear that only the actual buyers are eligible to make the purchase. It features in boldface these words: "Warning: you are not the actual buyer if you are acquiring the firearm on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm to you." Check out Abramski vs. Supreme Court. This case was brought up to the Supreme Court last year and makes it crystal clearer as to what actually constitutes a straw purchase.
Just to summarize - In this case, Bruce Abramski Jr. offered to buy a Glock 19 handgun in Virginia for his uncle in Pennsylvania because Abramski thought he could get a law enforcement discount on the gun. Abramski had previously been a policeman....
At the gun dealership, Abramski filled out the federal forms, stating that he was the actual buyer of the gun. He even signed a separate form certifying his understanding that giving a false answer to that question is itself a federal crime.
After he was cleared by the federal database, Abramski gave the gun to his uncle, deposited the uncle's $400 check, and gave him a receipt.
Police later found the receipt after searching Abramski's home in connection with another crime. He was sentenced to five years of probation for lying on the federal form by representing himself as the actual buyer.
Abramski's uncle would have been able to purchase the Glock on his own.
I think the store invoice, or gift certificate is a good idea to avoid any legal problems. If you want to make doubly sure, you can check with the store. :thumbsup:
P.S. would you like to adopt me into your family? I like getting firearms as gifts. :rofl:
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Just call hpd if you're not sure or the atf local office.
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thanks all. i called OGC just now and guy who answered the phone told me i can pay for it and invoice it under my brother-in-laws name and he will just come to the store to pick it up and register.
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thanks all. i called OGC just now and guy who answered the phone told me i can pay for it and invoice it under my brother-in-laws name and he will just come to the store to pick it up and register.
(http://i.imgur.com/seXNTLP.png)
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I just hope your sister knows what your brother in law wants. Would it not be easier for her just to take him and say surprise and then pick out a rifle and do the paper work himself?
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he probably dont know what he wants since this is his first AR. he have a .22 cal bolt rifle
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AR...... Try some out. Know what you want. Build once cry once.
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That's not entirely correct. The recent SCOTUS ruling from last year makes it clear that the status of the person receiving the firearm is immaterial. In the case cited below both individuals were allowed to own the firearm in question. The federal form and identification procedure make clear that only the actual buyers are eligible to make the purchase. It features in boldface these words: "Warning: you are not the actual buyer if you are acquiring the firearm on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm to you." Check out Abramski vs. Supreme Court. This case was brought up to the Supreme Court last year and makes it crystal clearer as to what actually constitutes a straw purchase.
Just to summarize - In this case, Bruce Abramski Jr. offered to buy a Glock 19 handgun in Virginia for his uncle in Pennsylvania because Abramski thought he could get a law enforcement discount on the gun. Abramski had previously been a policeman....
At the gun dealership, Abramski filled out the federal forms, stating that he was the actual buyer of the gun. He even signed a separate form certifying his understanding that giving a false answer to that question is itself a federal crime.
After he was cleared by the federal database, Abramski gave the gun to his uncle, deposited the uncle's $400 check, and gave him a receipt.
Police later found the receipt after searching Abramski's home in connection with another crime. He was sentenced to five years of probation for lying on the federal form by representing himself as the actual buyer.
Abramski's uncle would have been able to purchase the Glock on his own.
I think the store invoice, or gift certificate is a good idea to avoid any legal problems. If you want to make doubly sure, you can check with the store. :thumbsup:
P.S. would you like to adopt me into your family? I like getting firearms as gifts. :rofl:
That example is a straw purchase, not a gift.
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ok everything is done. we got him a colt AR from OGC today. so im closing this thread. thank you everyone for the help and info. i learned new things from you guys.
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now i cant find the lock button.
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The lock button only appears in Classifieds as all the other sections stay open for further comments, questions, etc..
This was a great subject that seems to be one of those "grey areas" but really isn't. Also ran across this article on TTAG http://www.thetruthaboutguns.com/2014/06/daniel-zimmerman/nssf-yes-can-still-buy-gun-gift-probably-kind/
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It's September.
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It's September.
Not worth getting married just for this! But, it does give married guys an excuse to shop!