Straw Buyer Question for FFLs

[anthony6727]

Hi All,

I'm getting my FFL in a couple of weeks and I've been taking some time to read the rules and regulations. One thing that i'm unsure about is the whole Straw Buyer thing. My question came as I read this in the ATF Manual:


(B14) May a parent or guardian
purchase firearms or ammunition
as a gift for a juvenile (less than 18
years of age)?


Yes. However, possession of
handguns by juveniles (less than 18
years of age) is generally unlawful.
Juveniles generally may only receive
and possess handguns with the written permission of a parent or guardian
for limited purposes, e.g., employment, ranching, farming, target practice or hunting.
[18 U.S.C. 922(x)




So what if a guy come to me and says "yeah, i'm buying this gun as a gift for my "friend", "Uncle", etc...


I'm just a bit unclear as to what my responsibility is when it comes to straw purchases.. is buying a firearm as a gift for your wife/husband, etc or other family member considered straw buying?

Any clarification is greatly appreciated!


Thanks!

[ttolhurst]

No, gifts are perfectly legitimate. So long as they are really gifts.

[ttolhurst]

Here's an older FFL Newsletter which makes this clear. Last paragraph of the first article:

http://www.atf.gov/publications/news...1992-vol-1.pdf

[Don H]

From the back of Form 4473:

1. For purposes of this form, you are the actual buyer if you are purchasing the
firearm for yourself or otherwise acquiring the firearm for yourself (for example,
redeeming the firearm from pawn/retrieving it from consignment). You are also the
actual buyer if you are acquiring the firearm as a legitimate gift for a third party.

ACTUAL 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 buyer of the firearm and must answer “no “ to question 12a. 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 buyer of the firearm and should answer “yes” to question 12a.

Question 12a:

12. Answer questions 12a through 12l by writing “yes” or “no” in the boxes to the right of the questions.

a. Are you the actual buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring
the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to
you. (See Important Notice 1 for actual buyer definition and examples.)

Part of the certification statement the buyer signs:

I certify that the above answers are true and correct. I understand that answering “yes” to question 12a when I am not the actual buyer
of the firearm is a crime punishable as a felony.

[Hardcase]

This is what my good friend who owns a pawn shop does:

If somebody says that he's buying a gun as a gift, he just asks a few questions. Just casual stuff, like "is it a special occasion?" or "man, you're a real pal! How long have you guys been friends?" Simple questions. If he gets that "feeling", he won't complete the sale. Given that he runs a pawn shop, now and then the caliber of his customers is...well...sometimes not so good. He takes his obligation to keep guns on the side of the law seriously - after all, from a purely selfish standard, who wants to take the chance of having to look down the business end of your own merchandise?