November 27, 2009, 09:12 AM | #1 |
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Guns as gifts
My loving wife dove into crazy hour today to buy me a xmas present. My normal dealer never gave her a hassle about buying guns as gift, but the chain store today did (to their honor, they did put the gun on hold for me to fill the paperwork).
Does anyone have the pertinent law quotes handy? Does gift buying between husband and wife constitute an illegal "buying for someone else"?
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November 27, 2009, 09:43 AM | #2 | ||
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Instruction #1 on the back of the 4473 spells it out pretty clearly:
Quote:
Quote:
Perhaps you can encourage the store personnel to actually read the form they require customers complete. |
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November 27, 2009, 10:09 AM | #3 |
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The key to buying a gun as a gift is to never tell the dealer that it is going to be a gift, no matter how tempting it might be to tell the world you're buying a gift. It is perfectly legal as long as it is a legitimate gift for someone who is otherwise allowed to own a gun. But, telling the dealer it's a gift often brings unnecessary hassles into the process. Most do indeed know the law and how it is applied, but I know for a fact that a good percentage of them don't. It isn't conducive to a happy gun buying experience to try to weed them out or educate them (they know the law much better than you, and will never be convinced otherwise).
As Don H's info clearly shows you can answer the question about being the actual buyer of the gun honestly, without fanfare, and move on. As I think about it, the chain store is actually so wrong that they are trying to make what would be a legitimate purchase into a straw purchase. If you fill out the 4473 with your information, and you purchase the gun with your wife's money, then you may be breaking the law. The hazy part concerns whose money it is, if you and your wife share a bank account, as most couples do, then it might be argued that it is also your money. Bottom line is they are muddying the legal waters with their lack of knowledge of the actual laws and regulations involved. |
November 27, 2009, 01:27 PM | #4 |
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I just bought my wife a gun for christmas. Told the dealer I was buying it as a gift and I had no issues.
As clearly mentioned in the form instructions buying as a gift is OK. Big box stores are generally hard to deal wiith because they often have store policies that are more restrictive than the actual law. They often simplify it so it is easier to train employees especially when they have high turn over. I recently went to walmart to buy a rifle. I am stationed in MS but have an IA drivers license. I am considered a resident of MS for the purpose of the GCA. Walmart refused to sell me the rifle becuase they have a policy requiring the address on the 4473 to match the drivers license. Many box stores may have a policy that if the purchaser says anything but this gun is for me (i.e. gift) they are not to make the sale. |
November 27, 2009, 02:09 PM | #5 |
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Thanks for the quotation, I figured as much. To finish the story, I went to pick up the rifle, and was denied too. We recently moved, and NM doesn't require you to get a new driver's license when you do. So DL and current address weren't the same, and that was too much for the "big store" clerk.
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I used to love being able to hit hard at 1000 yards. As I get older I find hitting a mini ram at 200 yards with the 22 oddly more satisfying. |
November 27, 2009, 05:17 PM | #6 |
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The Dealer does not need to know it is a gift any more than they need to know how many guns you already have.
Fill out the Form truthfully, and don't say anything more than necessary. |
November 27, 2009, 06:51 PM | #7 | |
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Quote:
See here. I agree, the chain stores often introduce more hassle than is reasonable, legal requirements aside.
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November 27, 2009, 07:38 PM | #8 |
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Yep, that's why I buy my guns at the local Ace Hardware store! I told them about the hassle I had buying firearms at the big store (I am military also) and he said, just show me your military ID. I don't even need you to bring a copy of my orders. You can use my computer to download your orders here. It helps that he is ex military :-).
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November 27, 2009, 07:49 PM | #9 |
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I realize all I need is my PCs orders and my military ID. Many of the shops I have gone to want to see my DL as well. If they ask I just show it to them.
I see no reason to get into an argument when it takes me all of two seconds to show my DL. |
November 28, 2009, 09:26 PM | #10 | |
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Quote:
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December 10, 2009, 12:12 AM | #11 | |
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Quote:
for the firearm purchasing forms. I've never had an issue from any dealer here including Walmart where I bought a Rifle, because my Driver License address was not my current residence address. If I ever need to purchase outside of my county/state I've memorized the address on my DL just in case. It always matches that way.
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December 11, 2009, 12:28 AM | #12 |
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Another reason not to get guns from them
Store policies more restrictive than the law, and often employee ignorance or misinterpretation of those same policies are not, to me, worth the small handfull of dollars one can save over buying from a gun dealer.
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December 11, 2009, 06:49 AM | #13 |
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Somebody has referenced the ATF place where it says you
can give a gun as a gift. I believe you can go this for a brand new gun bought from a dealer.
Best example I can give you is that I bought a M1 Garand from CMP and in the letter I sent with the other paper work I specifically told them the rifle was going to be given to my father as a gift and that he was a resident of my state and could legally own a firearm. |
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