Want to buy a handgun for my mother across state lines

rb17 · May 4, 2014, 05:34 PM

I am a MA resident with an unrestricted LTC permit, and my mother lives in NH. Her birthday is coming up, and I would like to buy her a Bersa Thunder in 380 auto.

How can I go about buying this for her?

Should I purchase the firearm in MA, and simply bring it up and gift it to her?
or
Should I purchase the gun myself in NH and gift it to her the same day without bringing it back to MA?

p.s. as a newish MA resident, Massachusetts sucks.

**Frank Ettin** · May 4, 2014, 05:52 PM

You could buy the gun in Massachusetts. To comply with federal law you would then need to have it transferred to her by an FFL in New Hampshire.

As a Massachusetts resident under federal law you may not legally buy a handgun in New Hampshire.

JimDandy · May 4, 2014, 06:02 PM

And while a lot of us could probably agree that Massachusetts sucks, this one isn't on them. Handguns and State Lines just don't mix.

Armed_Chicagoan · May 4, 2014, 06:49 PM

Better just to buy her a gift certificate from a New Hampshire firearms dealer. Then there's no transfer fees.

rb17 · May 4, 2014, 07:12 PM

Good idea, I'll probably just get her a gift certificate.

**Spats McGee** · May 4, 2014, 07:48 PM

A gift card is probably the easiest solution.

Technosavant · May 4, 2014, 09:09 PM

Gift card is easiest.

You can NOT:
1) Purchase a handgun in a state other than that of your own residence.

or

2) Transfer a handgun across state lines without it going through a FFL in the recipient's home state.

Either of those is a violation of federal law.

And yes, I've read of several people quite happy with their Bersa Thunders. They seem to be rather popular firearms with those who have limited hand strength and/or recoil tolerance.

tomrkba · May 4, 2014, 09:42 PM

Why not pay for a few lessons at the local range? She will get to try out a gun or two. Then take her shooting a few times. She will develop a preference and you can send her the cash to buy it herself.

NH_Pilot · May 5, 2014, 07:20 AM

As a resident of a NH border town, I will suggest that you gift both a gift certificate to one of the gun shops, but also gift an hour at the Manchester Firing Line range. You can take you mother to MFL and rent a couple of pistols for her to try out. She might like a Bersa, but she might like a Sig or a Glock. You wouldn't want to cheap out on your mother right?

Depending on where your mother lives I can recommend State Line Guns on RT 31 in Mason, bordering Fitchburg, MA, Riley's up in Hooksett, and Shooter's Outpost, also in Hooksett.

Best of luck,

Wes

BarryLee · May 5, 2014, 11:10 AM

So, just out of curiosity would it be legal for the OP to have his Mother complete all the forms and background checks, but he actually pay for the purchase?

2ndsojourn · May 5, 2014, 12:30 PM

^^^Barry, that would have the appearance of a straw purchase, if he was the purchaser and she filling out the 4473 form. The simplest thing to do is what was previously stated....get her a gift card/certificate and let her be the outright purchaser.

natman · May 5, 2014, 12:36 PM

Quote:

So, just out of curiosity would it be legal for the OP to have his Mother complete all the forms and background checks, but he actually pay for the purchase?

It would be legal because the person filling out the forms (the mother) is in fact the actual owner of the gun. But as has been pointed out, it would appear to be a straw purchase because of one person filling out the forms and another paying. Best to avoid it with the gift card.

BarryLee · May 5, 2014, 12:41 PM

Quote:

it would appear to be a straw purchase because of one person filling out the forms and another paying.

Yes, I understand the appearance and suppose a LGS might even decline the transaction. However, I was just curious what the legalities were.

**Frank Ettin** · May 5, 2014, 01:43 PM

In a straw purchase:

Son pays for the gun.
The FFL transfers the gun to Mom.
Then Mom transfers the gun to Son (as previously arranged between Mom and Son).

In a "not a straw purchase", i. e., a gift:

Son pays for the gun.
The FFL transfers the gun to Mom.
Then Mom keeps the gun.

rb17 · May 5, 2014, 06:23 PM

Thanks for the advice guys!

I will probably end up taking her to MFL in Manchester for Mother's day, and then perhaps a gift certificate for her birthday.

I guess MFL has been all re-done since I last went there years ago... Cant wait!

Also to the people saying don't cheap out with a Bersa Thunder... I think spending $800 on a Sig is a little overboard for a birthday gift. She doesn't like too much recoil so that's why I was thinking a .380. Does anyone have any recommendations for other .380 autos?

Glenn E. Meyer · May 5, 2014, 06:51 PM

The question is answered and the thread is mutating into a 380 debate.

Ask that question elsewhere.

So closed.

May 4, 2014, 05:34 PM	#1
rb17 Junior Member Join Date: December 1, 2006 Posts: 12	Want to buy a handgun for my mother across state lines I am a MA resident with an unrestricted LTC permit, and my mother lives in NH. Her birthday is coming up, and I would like to buy her a Bersa Thunder in 380 auto. How can I go about buying this for her? Should I purchase the firearm in MA, and simply bring it up and gift it to her? or Should I purchase the gun myself in NH and gift it to her the same day without bringing it back to MA? p.s. as a newish MA resident, Massachusetts sucks.

May 4, 2014, 05:52 PM	#2
Frank Ettin Staff Join Date: November 23, 2005 Location: California - San Francisco Posts: 9,471	You could buy the gun in Massachusetts. To comply with federal law you would then need to have it transferred to her by an FFL in New Hampshire. As a Massachusetts resident under federal law you may not legally buy a handgun in New Hampshire. __________________ "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

May 4, 2014, 07:48 PM	#6
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	A gift card is probably the easiest solution. __________________ I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

May 5, 2014, 11:10 AM	#10
BarryLee Senior Member Join Date: July 29, 2010 Location: The ATL (OTP) Posts: 3,946	So, just out of curiosity would it be legal for the OP to have his Mother complete all the forms and background checks, but he actually pay for the purchase? __________________ A major source of objection to a free economy is precisely that it ... gives people what they want instead of what a particular group thinks they ought to want. Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

May 5, 2014, 01:43 PM	#14
Frank Ettin Staff Join Date: November 23, 2005 Location: California - San Francisco Posts: 9,471	In a straw purchase: Son pays for the gun. The FFL transfers the gun to Mom. Then Mom transfers the gun to Son (as previously arranged between Mom and Son). In a "not a straw purchase", i. e., a gift: Son pays for the gun. The FFL transfers the gun to Mom. Then Mom keeps the gun. __________________ "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

May 4, 2014, 06:02 PM	#3
JimDandy Senior Member Join Date: August 8, 2012 Posts: 2,556	And while a lot of us could probably agree that Massachusetts sucks, this one isn't on them. Handguns and State Lines just don't mix.

May 4, 2014, 06:49 PM	#4
Armed_Chicagoan Senior Member Join Date: July 18, 2013 Location: Albany Park, Chicago Posts: 776	Better just to buy her a gift certificate from a New Hampshire firearms dealer. Then there's no transfer fees.

May 4, 2014, 07:12 PM	#5
rb17 Junior Member Join Date: December 1, 2006 Posts: 12	Good idea, I'll probably just get her a gift certificate.

May 4, 2014, 09:09 PM	#7
Technosavant Senior Member Join Date: May 29, 2007 Location: St. Louis, MO area Posts: 4,040	Gift card is easiest. You can NOT: 1) Purchase a handgun in a state other than that of your own residence. or 2) Transfer a handgun across state lines without it going through a FFL in the recipient's home state. Either of those is a violation of federal law. And yes, I've read of several people quite happy with their Bersa Thunders. They seem to be rather popular firearms with those who have limited hand strength and/or recoil tolerance.

May 4, 2014, 09:42 PM	#8
tomrkba Senior Member Join Date: November 29, 2011 Posts: 751	Why not pay for a few lessons at the local range? She will get to try out a gun or two. Then take her shooting a few times. She will develop a preference and you can send her the cash to buy it herself.

May 5, 2014, 07:20 AM	#9
NH_Pilot Member Join Date: November 26, 2012 Posts: 33	As a resident of a NH border town, I will suggest that you gift both a gift certificate to one of the gun shops, but also gift an hour at the Manchester Firing Line range. You can take you mother to MFL and rent a couple of pistols for her to try out. She might like a Bersa, but she might like a Sig or a Glock. You wouldn't want to cheap out on your mother right? Depending on where your mother lives I can recommend State Line Guns on RT 31 in Mason, bordering Fitchburg, MA, Riley's up in Hooksett, and Shooter's Outpost, also in Hooksett. Best of luck, Wes

May 5, 2014, 12:30 PM	#11
2ndsojourn Senior Member Join Date: January 15, 2013 Location: South Jersey Posts: 1,416	^^^Barry, that would have the appearance of a straw purchase, if he was the purchaser and she filling out the 4473 form. The simplest thing to do is what was previously stated....get her a gift card/certificate and let her be the outright purchaser.

May 5, 2014, 06:23 PM	#15
rb17 Junior Member Join Date: December 1, 2006 Posts: 12	Thanks for the advice guys! I will probably end up taking her to MFL in Manchester for Mother's day, and then perhaps a gift certificate for her birthday. I guess MFL has been all re-done since I last went there years ago... Cant wait! Also to the people saying don't cheap out with a Bersa Thunder... I think spending $800 on a Sig is a little overboard for a birthday gift. She doesn't like too much recoil so that's why I was thinking a .380. Does anyone have any recommendations for other .380 autos?

May 5, 2014, 06:51 PM	#16
Glenn E. Meyer Senior Member Join Date: November 17, 2000 Posts: 20,064	The question is answered and the thread is mutating into a 380 debate. Ask that question elsewhere. So closed. __________________ NRA, TSRA, IDPA, NTI, Polite Soc. - Aux Armes, Citoyens