I can't copy the language from the PDF file, but the link is here: http://www.atf.gov/forms/download/atf-f-4473-1.pdf. See the instructions for 11.a.
The problem there is proving it is a ‘gift’ as legally defined by the ATF. On various places on the ATF’s website, they use the ‘gift’ example in regards to a parent or legal guardian, not a third party. Example from this FFL training program.
Remember also that the dealer agreed with this summation when they refused to complete the purchase as well. They felt Kelly was being deceptive in his intentions.
If he was “re-gifting” the gun to another party I think he slides. Hell, he’d slide in any case. That being, that mark kelley-giffords is in the “celebrity” radical left wing extremist demokkkrat scumbag classification now. Or, he could have kept his mouth shut and taken the gun, 2 days later he decides he doesn’t like it and turns it in at a “buy back”. Or to actually prove his point, buy the gun directly from the original owner with no background check required. As none should be required between private individuals. Leave us alone dammit! Go train your daughters pit bull will ya?