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Originally Posted by Brownstone322
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Originally Posted by 44AMP
But if you buy a gun for someone else (anyone else) and declare on the forms that you are the actual buyer, when you aren't, its a crime.
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That's even more clear. The transaction has nothing to do with whether the third party (who is the actual buyer) will be a legal gun owner. They need to complete and sign their own form.
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Originally Posted by 44AMP
You can buy a gun for someone else as a gift (and declared as such). Legal.
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OK, so how does one declare this? I ask for this reason. Two Christmases ago, a woman I know was looking to buy a Beretta 92 for her husband. I told her to make sure she knew the law and specifically how to answer every question on ATF Form 4473. On one hand, Question 11.a seems pretty restrictive:
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"Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual transferee/buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer the firearm(s) to you."
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Emphasis added.
In your example, the woman is not buying the Beretta 92
on behalf of her husband, she is buying it
for him.
"On behalf" above is a colloquialism for an agency relationship. "On behalf of the Salvation Army, I'd like to offer you a cup of coffee and a doughnut" means that the coffee and doughnuts offer isn't mine, but the Salvation Army's, and I am just communicating their offer.
"For" is ambiguous, but when contrasted with "on behalf of" indicates donation to someone. "I am buying a pacifier for my child" doesn't mean that my child appointed me to purchase a pacifier in my capacity as her agent; it means I am buying it, owning the pacifier, then giving to my child when I get home.
The most effective way not to confuse the counter staff about a gift you are buying is not to rope them into a conversation about it. Their disincentive for incorrectly allowing a transfer is likely much higher than any incentive for completing one, so they are more likely to err in not allowing a legitimate transfer.