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June 8, 2011, 07:26 AM | #1 |
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Gifting and Strawman buys...
So I am goin' to see if this is nearing the threshold.
So I been wanting a Mossberg 930 and finally think I can justify cleanin' old shoes out of one corner of the closet for it. So I want it to be a gift from wife, daughter and son so I am not selfishly buying it for myself. So I would do the leg work and get the lowest price commitment from an LGS and tell the family where this is and total bottomline... Has this Father's Day Gift gotten us closer to a strawman buy since I "shopped" for my own gift? Brent |
June 8, 2011, 07:33 AM | #2 |
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Join Date: June 20, 2007
Location: Rainbow City, Alabama
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I'd say not even close. The reason is that the gun is going to reside inside a house that is jointly shared by you and your wife. Unless you live in one of those communistic states that require each gun to be registered, there is no "title" to a firearm like there is for a car. The fact that your wife and you live in the same house means, for all practical purposes, that what's yours is hers and what's hers is hers. Therefore, she owns everything anyway.
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June 8, 2011, 08:15 AM | #3 |
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I think you're fine. The only piece of this puzzle that bugs me is "getting a price commitment" from the LGS. I'm not sure exactly what that means. Doing the research and finding the best price does not a straw purchase make. If you were to give her the money so that she could go out and buy it for the purpose of giving it to you, that would be a straw purchase.
I know that this suggestion is not as fun, but you could also just tell them that you want a card with a "gift certificate" for the Mossberg. Then you could just go buy it yourself. When you open it at home, you could even shout, "It's just what I wanted!"
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June 8, 2011, 08:37 AM | #4 |
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Join Date: October 22, 2007
Location: Tombstone Az
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My wife and I buy guns for each other all the time. When I/we bought her last benelli I filled out the paper work and paid for it and just handed it to her right in the store. No one cares.
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June 8, 2011, 08:37 AM | #5 |
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Join Date: February 13, 2009
Location: NJ
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Arg, your sentence structure gave me cancer!
So So soooo So .. so so so ....so Damn teenagers! But anyway, as long as you don't give them money to buy a gun you can't legally buy on your own it isn't a straw purchase. The straw man law is there to prevent people from buying guns for people who can NOT legally buy it themselves. I doubt anyone cares about someone buying a gun for someone who CAN legally own the gun, for the simple fact that you could just walk in and buy it yourself! |
June 8, 2011, 09:10 AM | #6 | |||
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Join Date: November 11, 2009
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Quote:
Quote:
Firstly, someone does care. They may not be in every store all the time but they're out there, and they care. However there is nothing illegal about buying a gun for someone else as a gift, so you're right in that no one cares about that. Secondly, there is no "straw man law" as such. The law just says that you have to answer all the questions on the form truthfully. One of them is "are you the actual purchaser off the firearm?". If you answer "yes" to that truthfully, then you are fine. If you answer "yes" but you're lying, then it's a "straw purchase" and is illegal. Your crime is furnishing false information, and nothing more. It has nothing whatsoever to do with whether or not the true buyer of the gun could have bought the gun themselves without your help. http://www.atf.gov/training/firearms...pisode-4.html: Quote:
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June 8, 2011, 01:09 PM | #7 |
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Join Date: December 6, 1999
Location: Richmond, Virginia USA
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http://www.ocshooters.com/Gen/Form-4...M-4473-pg3.gif
Page 3, Important Notice #1 - Actual Buyer. Summary - It's fine if you buy it with your own money and give it away. |
June 8, 2011, 05:26 PM | #8 |
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Join Date: November 12, 2000
Location: Colorado Springs, Colorado
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There is nothing wrong or out of the ordinary to shop smart and make planned purchases of gifts within the family. So what if it happens to be a firearm. It is a financial consideration which necessitates the planning, not an attempt to skirt the precious Law. Let's face it, I don't know what she wants, and she don't know what I want. In this economy, poorly purchased gifts are idiocy. I do my own homework, she does hers, we get exactly what we want.
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June 8, 2011, 10:44 PM | #9 | |
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Quote:
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June 9, 2011, 06:35 AM | #10 |
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Join Date: October 31, 2007
Location: Western Florida panhandle
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No I am not a restricted person. I just wanted to give ya'll something to think about.
But I was curious regarding my doing the work to get the best price for the family as I would if I were buying the firearm for myself. I tend to have good luck getting the point across to my local shops that I really want to do business with them and they seem to do real well getting the price down close enuff to the Bud's price. Brent |
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