View Single Post
Old November 7, 2013, 01:42 PM   #11
Tom Servo
Staff
 
Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 13,059
Quote:
The whole intent of "actual purchaser" is to make sure the person filling out the form is keeping the gun.
Nope. This is from the 4473 itself:

Quote:
For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party.

ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer “NO” to question 11.a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer “YES” to question 11.a. However, you may not transfer a firearm to any person you know or have reasonable cause to believe is prohibited under 18 U.S.C. § 922(g), (n), or (x)
Right or wrong, who is paying for the gun is the issue.

Quote:
I'd let the FFL decide if this was okay with him. Given the fact that the only part of the "purchase" that is legally important is the transfer, I can't see the problem.
It's not going to be OK with the FFL, and he would be right to refuse the transfer.
__________________
Sometimes it’s nice not to destroy the world for a change.
--Randall Munroe
Tom Servo is offline  
 
Page generated in 0.03408 seconds with 8 queries