Skip to comments.The FFL Guide on Straw Purchasers & Gifts
Posted on 07/31/2012 7:00:33 AM PDT by marktwain
This is from the current guide for FFLs regarding straw purchases and gifts. NOTE: It is not the exact evidence discussed in trial, but should give you an idea of the fine line differences between straw purchaser and gift under current guidelines.
15. STRAW PURCHASES
Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a straw purchaser (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensees business premises is located.
Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.
In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchasers residence address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensees business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms from the licensee.
An example of an illegal straw purchase is as follows: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. If Mr. Jones fills out Form 4473, he violates the law by falsely stating that he is the actual buyer of the firearm. Mr. Smith also violates the law because he has unlawfully aided and abetted or caused the making of false statements on the form.
Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above example, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473.
The use of gift certificates would also not fall within the category of straw purchases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealers records.
The Federal Tax Code is a national scandal. It should shame every one of us.
I gifted a firearm last week.
A friend invited me to vacation at his NC cabin for a week. When I got back, I got him a thank you present that I knew he wanted for him and his boys to shoot, a Smith & Wesson M&P 15-22.
Its not the first firearm I’ve gifted either. That said, never tell a merchant that you are looking at purchasing a firearm as a gift. It places them in an awkward position, wondering if its a sting operation.
Giving firearms is a great joy. I intend to do more of it.
I started gifting my sons with “loaner” guns at their birthdays and at Christmas. Since they were not old enough to own guns at the time, I felt like I owned the guns and was just loaning the guns out to my sons.
Then after they came of legal age and were moving out, they thought that they could take the loaners with them. Like suddenly, the ownership had transferred to them. When I was explaining they were all actually owned by me, they went behind my back and got their Mother to rule against me.
Between my sons taking their loaners and my tragic boating accident, I don’t have any guns left.