quote:

Originally posted by honestlou:
It has been said a few times here but many of y'all don't seem to be listening, or understanding. There are no exceptions for family in the rules. Your wife may as well be your neighbor, or a complete stranger. If someone buys a gun, meaning makes the deal, makes the agreement, and pays for it, a different person cannot legally "pick it up". If the wife answers "yes" to being the actual purchaser she has committed a felony.

I've read a few comments about being surprised at how many felons are on Sigforum. Your not a felon until you've been convicted of a felony, but apparently many of you have committed felonies- or induced your wives to commit felonies. And I am not surprised.

I hear all the time "well it's just my brother". There are no exceptions for family! You cannot sell or give a firearm to a resident of a different state as an individual, but I hear about it all the time- just sold that shotgun to my cousin when we were hunting together (somewhere). I'm not comparing that to the OP, just giving another example of where many people have committed felonies and had no idea.

Y'all are laboring under the misunderstanding that one party has to be barred from possession to be illegal or a straw purchase. That's not the case. And the Feds (and the law) don't care about joint checking accounts, marriage, if you're a LEO or a war hero. Doesn't matter.

If you want to legally buy a gun for someone else, just buy it! Fill out the 4473, go home and wrap it (or not), and give it to them! [bit only if you reside in the same state]

Why would you have your wife fill out the 4473? It's for her so you want to "register it" in her name? There is no registration (federally). She cannot answer "yes" on the form. Doesn't matter if its joint checking or cash from under her side of the mattress.

Many of y'all seem to have the attitude of "no harm, no foul". But that is not the case. I'm not saying it makes sense, or that it should be that way. And I'm not saying you'll get caught, or get prosecuted. I'm just telling you how it is. Like one of my law school professors used to say, "you have to hold your mouth right when you say that". Y'all may not see the distinction, but the law does.

Bottom line:

1) No exceptions for spouses
2) Doesn't matter if both parties could legally buy it themselves.

quote:

Originally posted by honestlou:
Not responding to you JDG. The post above yours and the many others who think I wear a tinfoil hat.

quote:

Originally posted by honestlou:
It's a straw purchase, and I would not participate in it. Even though the ultimate responsibility is on the FFL who is getting the 4473 and the wife filling it out, I wouldn't want any part of it.

Here's the deal. Question 11.a. on the 4473 reads in part:

"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 husband pays for it, and wife fills out the 4473, she cannot answer "yes" to this question. She is not the actual buyer and she is acquiring it on behalf of her husband, who was the purchaser. This is the case even if his intent is to gift it to her. It may be his intent to gift it to her, but this is not how to do it. If he wants to buy a gun to give to his wife, he can buy it, fill out the 4473, take possession of it, and when he gets home he says "here you go honey, happy anniversary".

As stupid as it seems, the Supreme Court has ruled that even if both parties can legally possess a firearm it can still be a straw purchase.

He may be ineligible to buy a gun, so he's doing it on gunbroker and asking that it be sent to his wife. Or it may be completely innocent, and he wants to pay for it and thinks she needs to fill out the 4473. But clearly, she does not need to fill out the 4473. There is a clear exception for buying a gift. Tell him to keep it all legal it has to ship to him since he bought it, and he needs to fill out th 4473. He can then wrap it up, or not, and give it as a gift to his wife.

quote:

Originally posted by Mboroman:
Just to add my 2-cents worth: a couple of years ago, my daughter needed a new G26. Her ex had taken her old one away in the divorce. I called a LGS and ordered one so that they would have it when she came to town for a visit. Her ex was in the military so her ID was still all for Tennessee even though they were stationed at a couple of different bases. She even had her carry permit. We went to the store/FFL, she filled out the paperwork and did the background check. When it came back as good, they took my credit card to pay for the gun. They handed it to her and I said, "Merry Christmas."

Now, if that makes it a straw purchase, then the FFL was completely complicit in the transaction since we were standing right there and they saw what we were doing. However, I don't see how it's a straw purchase. My daughter filled out the paperwork, passed the background check and was the actual transferee. Why does it matter where the money comes from?

quote:

Originally posted by charlie12:
honestlou please check your email

quote:

Originally posted by 12131:

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.