Is that allowed? Someone winning an auction for their wife and then he pays for it, but I make out the FFL info to go to his wife?

I tried to ‘gift’ a gun to my then wife and have her register it in Chicago and they kicked back and said she had to have paid for it, Chicago doesn’t allow gifted guns :/.

This is the only reason I ask this, not sure if I am doing something wrong.

Thanks,

Jon

Your sending the gun to an FFL aren't you?

That would raise a red flag for me.
He may have made an innocent mistake but if has notified you of this then you need to read the terms of sale on Gunbroker in addition to the law.
I think the law would be that this is a no no.

quote:

Originally posted by Mustang-PaPa:
Your sending the gun to an FFL aren't you?

Yep.

If it were me, I would do one of two things.

1. Cancel the transaction, and notify GB as to the reason.

2. Send it through the FFL, and all the info, Bill of Sale, copy of the Gunbroker transaction to the FFL and keep a copy.

And make sure the buyer "husband", is listed as the buying/paying party and the inteded recipient of the firearm.

That would be if everything came accross as an honest ignorance of the buyer's part.

If he balks, or protests in any way, no deal.

A "bad Gun Broker transaction ding to your profile" is a lot less troublesome than "Federal Pound You In The Ass Prison."

fed law does allow for gifts,
not sure about the state you are in or the state the buyer resides in ,

so, bubba can buy his missus a firearm, and since they are a loving couple all is well,

or it could be johnny crackhead buying a pistol for his 10x felon crackho girlfriend,

unless you do a face to face you will never know,

when you ship to the FFL, put a note in it that the firearm was purchased by bob, and give bob's contact info so the FFL can contact him,

brief note that he commented he was not buying for himself but as a gift, would be ok,


you sold in good faith, shipped to a dealer who will be the one to finalize the transaction,

giving the dealer the heads up it may be a funky transaction is good, and hopefully that dealer is good enough to recognize the crackhead transaction vs the loving couple that shoots together stays together,


the dealer can always run NICS on both of them if there is any doubt

Read the instructions within 4473. Gift is permitted. Of course, the recipient of the gift must not be a prohibited person.

he can buy it for his wife provided she's qualified to buy a gun. you don't have to fill out any of the FFL forms. that's done on the other side. Send the gun to the dealer with the guys name on it. The ffl can figure it out.

If you're really concerned, get the number of the ffl and suggest they evaluate whether this is a straw purchase. but you'll have the funds before it ships. becomes their problem.

He buys it, he fills out the paperwork, then he gives it to her. Simple.

If he doesn't want to do the paperwork at the FFL himself after paying for it, I'd pass.

Depending on the state, it is perfectly legal. I could pay/buy a gun for my wife and have her fill out the 4473, as it would be her gun. Not a straw purchase at all.

perfectly legal

First off, you can't send it with his wife's name as the recipient if the husband is the one who pays for it. That's now considered a straw purchase, according to the US Supreme Court. And if you were to agree to do that you would be held responsible for aiding in such a purchase. If it were me, I would contact the buyer and tell him exactly that and then see how he responds before deciding how to proceed. It could be an innocent misunderstanding of the transfer laws on his part, or perhaps not. When I hear such things in our shop, I'm more worried that the person "buying" for his wife is actually buying it for himself, but is using his wife to get past the background check because he otherwise can't.

Besides, perfection has nothing to do with its legality. At the federal level, gifting a firearm to a relation such as a spouse is legal as long as the relation is legally qualified to own the firearm. In other words, no felons or pot users or anything else that the 4473 identifies as disqualifiers allowed. Certain Iron Curtain states and cities may impose their own sets of limitations that restrict such transfers, but that's on the person who's buying and wanting to do such a transfer, not you. If the husband is the one who's buying said gun, then it's in HIS name that you must ship the gun in when it's sent off to his FFL dealer.

EDIT: And I forgot to mention, if there's anything that gives you serious concern about this transaction, you have the ultimate power to kill it on the spot. If it goes that way, notify GB about your concern and allow them to go from there. GB may crave their cut of any sale, but they also don't want or need the ATF breathing down their neck about illegal gun deals.

Exact note: Hello... I just selected my FFL through Gunbroker and will be mailing you a check. The handgun needs to be transferred to Melissa X (privacy). This is my wife and I purchased the gun on her behalf. She will be picking it up and filling out the paperwork. Please confirm your mailing address, so I can send payment. Thanks!

quote:

Originally posted by 2002_Viper_GTS_ACR:
Exact note: Hello... I just selected my FFL through Gunbroker and will be mailing you a check. The handgun needs to be transferred to Melissa X (privacy). This is my wife and I purchased the gun on her behalf. She will be picking it up and filling out the paperwork. Please confirm your mailing address, so I can send payment. Thanks!

So, what's the big deal? The gun will be transferred to her, in her name. She will be the one filling out the 4473, not him. She will be the legal owner, not him. In your little note to the receiving FFL, just tell him the gun's new owner will be Melissa.

If the instrument of payment is in his name, the 4473 must be in his name.

quote:

Originally posted by 12131:

quote:

Originally posted by 2002_Viper_GTS_ACR:
Exact note: Hello... I just selected my FFL through Gunbroker and will be mailing you a check. The handgun needs to be transferred to Melissa X (privacy). This is my wife and I purchased the gun on her behalf. She will be picking it up and filling out the paperwork. Please confirm your mailing address, so I can send payment. Thanks!

So, what's the big deal? The gun will be transferred to her, in her name. She will be the one filling out the 4473, not him. She will be the legal owner, not him. In your little note to the receiving FFL, just tell him the gun's new owner will be Melissa.

Right. The auction got won, and you're transferring the firearm to someone through an FFL. What the buyer is saying doesn't even bring into equation the "gift" portion of the discussion, you're directly transferring the firearm to someone through an FFL and they're not "gifting" it, which also wouldn't be your concern. That Gunbroker was the medium only serves to confuse, well... you.

In summary, hubby tracked down a good deal on a firearm he wanted to give his wife and used his Gunbroker account to get the ball rolling. From here out, you deal with his wife directly through the FFL. Don't see the cause for concern.

quote:

Originally posted by Johnny 3eagles:
If the instrument of payment is in his name, the 4473 must be in his name.

Citation, please. Real one, not someone said.

quote:

Originally posted by Johnny 3eagles:
If the instrument of payment is in his name, the 4473 must be in his name.

I am not feeling good about this transaction.

Basically it's: "Hey baby - I'll pay the guy - all you gotta do is go in and fill out the paperwork."

If you were a convicted felon this is one way you would get a gun.

Go with your gut.

Call me whatever you want - but for sales this is why I like to consign through local FFLs. I sleep better at night.

YMMV.

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Personally IMHO I would not sell him the gun. ATF likes to go after the small people. They are easy to persecute. A police officer in VA got excited about a Glock on sale and bought one for his father-in-law. The officer was convicted in federal court of a Straw Purchase.

Of course I am going to send it to FFL, just wanted to make sure if HE pays me I am still allowed to send the gun in his wife’s name to the FFL.

Sorry if I seem a bit apprehensive, I did infact dump these guns for cheap and I just want to get rid of them, but not get my azz in a sling either.

I’ll share my crazy Sig X5/X6 collection invanother thread. Its been a while since I was here, time to say HI back to you all

quote:

Originally posted by SSAreGreat:
Personally IMHO I would not sell him the gun. ATF likes to go after the small people. They are easy to persecute. A police officer in VA got excited about a Glock on sale and bought one for his father-in-law. The officer was convicted in federal court of a Straw Purchase.

ouch.

do you happen to know if the father-in-law was a legal gun-owner?

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