Apologies if my imprecise language created some misconceptions. This is a very tricksy law because of the nuances of our language and various understandings, plus the legal interpretation.
My saying "declaring it as a gift" was a poor choice of phrase. What I meant to convey was declaring or identifying it as a gift, if asked.
Quote:
"A person is also the actual transferee/buyer if he/she is legitimately purchasing the firearm as a bona fide gift for a third party. A gift is not bona fide if another person offered or gave the person completing this form money, service(s), or item(s) of value to acquire the firearm for him/her, or if the other person is prohibited by law from receiving or possessing the firearm."
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The 4473 doesn't ask if its a gift. It asks if you are the actual buyer. And it states that you are the actual buyer, if it is a bona fide gift, and describes what a bona fide gift is. So its up to you to determine if you are the actual buyer, as described. and answer.
you don't actually fill out a box marked "gift" or answer a question if it is a gift on the form. Sorry for the confusion.