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Old November 7, 2013, 07:37 PM   #30
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by Tom Servo
...The ATF considers the person whose money was used to pay for the firearm to be the actual buyer. Therefore, the person who paid for the gun needs to be the person completing the form.
It's a bit more, shall we say, multilayered than that.

Question 11.a. on the 4473 asks if the person who is filling out the form is the actual transferee/buyer.
  1. You put up the money, you get the gun in the end. That would make you the actual transferee/buyer. So if I fill out the 4473 and claim that I'm the actual transferee/buyer, I've lied.

  2. But if I get the gun in the end, I'm the actual transferee, at least. So even if you've put up the money I can fill out the 4473 and truthfully claim to be the actual transferee. The money/gun is a gift.

    1. It gets confusing because we don't talk about this variation much, but it's consistent with everything else.

    2. Where the money comes from is important not because it's finally determinative. It's important because when seen together with other elements it is circumstantial evidence of intent.

    • So if I you put up the money and get the gun in the end, but I perform the transaction, the totality of the circumstances is pretty conclusive evidence that the intent was the I was getting the gun from the dealer on your behalf, as your agent or proxy; and that I'm not, therefore, the actual transferee.

    • But if you put up the money and I perform the transaction and keep the gun, the totality of the circumstances is pretty conclusive evidence that the intent was for you to make a gift to me of the gun; and I am, therefore, the actual transferee.
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