monkeyboogers 0 Posted July 15, 2008 Report Share Posted July 15, 2008 My girl keeps asking me to buy her a gun so I told her ok but I didn't want it in my name. So , I ordered her a gun using my credit card and it will shipped to our local ffl dealer soon. My question is will she be able to get it in her name since I used my credit card for the purchase or will I have to get the gun in my name ? Does anyone know anything about this ? Quote Link to post Share on other sites
SgtRock 0 Posted July 16, 2008 Report Share Posted July 16, 2008 My girl keeps asking me to buy her a gun so I told her ok but I didn't want it in my name. So , I ordered her a gun using my credit card and it will shipped to our local ffl dealer soon. My question is will she be able to get it in her name since I used my credit card for the purchase or will I have to get the gun in my name ? Does anyone know anything about this ? As far as the Feds go, I don't think they would know or care. It would only be an issue with your dealer perhaps or if you live in one of those funky states maybe. Quote Link to post Share on other sites
bigdaddyrandall 1 Posted July 16, 2008 Report Share Posted July 16, 2008 SOUNDS LIKE YOU DONT TRUST HER,DONT KNOW WHERE YOU LIVE BUT SHE CAN GET A PERMIT AND HAVE A FFL DEALER TO TRANSFER IT FROM YOU TO HER Quote Link to post Share on other sites
nalioth 405 Posted July 16, 2008 Report Share Posted July 16, 2008 Is it gonna be her gun? It should be her picking it up. The FFL doesn't need to know how it came to him, just who from. Quote Link to post Share on other sites
johnhurd 5 Posted July 16, 2008 Report Share Posted July 16, 2008 Let me guess your real name is Mayor Bloomberg Quote Link to post Share on other sites
GPalmer 1 Posted July 16, 2008 Report Share Posted July 16, 2008 (edited) Not really sure to the answer on that. Could be rather ticklish since if the dealer feels you two are attempting a straw purchase he can refuse the sale. It's a Federal offense for her to order the gun for you to avoid the background check. If it gets back to the ATF they'll yank the dealers license if he doesn't deny the sale under those conditions. Was the gun shipped in her name? If so, have her go in by herself, pick it up and pay for the transfer. Edited July 16, 2008 by Glocker Quote Link to post Share on other sites
monkeyboogers 0 Posted July 16, 2008 Author Report Share Posted July 16, 2008 Is it gonna be her gun? It should be her picking it up. The FFL doesn't need to know how it came to him, just who from. Yes it's gonna be her gun and she will be the one to pick it up. Who from "as in the person I am buying it from ? " I am buying it from gun broker.com Quote Link to post Share on other sites
HarvKY 72 Posted July 16, 2008 Report Share Posted July 16, 2008 My girl keeps asking me to buy her a gun so I told her ok but I didn't want it in my name. So , I ordered her a gun using my credit card and it will shipped to our local ffl dealer soon. My question is will she be able to get it in her name since I used my credit card for the purchase or will I have to get the gun in my name ? Does anyone know anything about this ? I'm guessing that more than few people on here can provide stories of how "my girl" became "my worst never-ending, problem causing, psychotic nightmare" DON'T EVER put a gun in your name that you don't have TOTAL control over. Have you lost your ever lovin mind? Sorry, don't mean to get personal but an awful lot of bad things come to mind with your scenario. Pay for it OK, but if they want your name on it, I suggest you send it back. HarvKY Quote Link to post Share on other sites
GPalmer 1 Posted July 16, 2008 Report Share Posted July 16, 2008 I'm guessing that more than few people on here can provide stories of how "my girl" became "my worst never-ending, problem causing, psychotic nightmare" They're all psychotic, some just wait longer than others to show it... Quote Link to post Share on other sites
monkeyboogers 0 Posted July 16, 2008 Author Report Share Posted July 16, 2008 I'm guessing that more than few people on here can provide stories of how "my girl" became "my worst never-ending, problem causing, psychotic nightmare" They're all psychotic, some just wait longer than others to show it... Shes cool , I just don't want it in my name. I mean what if we split up one day ? Quote Link to post Share on other sites
HarvKY 72 Posted July 16, 2008 Report Share Posted July 16, 2008 I'm guessing that more than few people on here can provide stories of how "my girl" became "my worst never-ending, problem causing, psychotic nightmare" They're all psychotic, some just wait longer than others to show it... Shes cool , I just don't want it in my name. I mean what if we split up one day ? Now you got the picture. Enjoy the current times, but prepare for the future. Best wishes. HarvKY Quote Link to post Share on other sites
monkeyboogers 0 Posted July 16, 2008 Author Report Share Posted July 16, 2008 Who knows my name might not even be on any papers. I will update you guys tomorrow about it. Thanks Quote Link to post Share on other sites
mscottrogers 56 Posted July 16, 2008 Report Share Posted July 16, 2008 As I understand it, if you buy it, fill out the feds forms, then give it to her, its a straw purchase. You can pay for it, she just has to fill out the paper work and accept it as her own. If you have concealed carry permit, that would prove you would be able to purchase it for yourself if you wanted. If she goes in and picks it up, pays the transfer, fills out the forms. The dealer isn't going to know you provide the cash. Quote Link to post Share on other sites
monkeyboogers 0 Posted July 16, 2008 Author Report Share Posted July 16, 2008 As I understand it, if you buy it, fill out the feds forms, then give it to her, its a straw purchase. You can pay for it, she just has to fill out the paper work and accept it as her own. If you have concealed carry permit, that would prove you would be able to purchase it for yourself if you wanted. If she goes in and picks it up, pays the transfer, fills out the forms. The dealer isn't going to know you provide the cash. I paid with my credit card . I bought through gunbroker.com . Tanner told me that the deal would be ok. I don't carry concealed weapons so I don't have a permit to carry. Home protection is all I care about. I hope I never have a die hard moment. Quote Link to post Share on other sites
AKdomination 1 Posted July 16, 2008 Report Share Posted July 16, 2008 My girl keeps asking me to buy her a gun so I told her ok but I didn't want it in my name. So , I ordered her a gun using my credit card and it will shipped to our local ffl dealer soon. My question is will she be able to get it in her name since I used my credit card for the purchase or will I have to get the gun in my name ? Does anyone know anything about this ? Don't write your name on the gun and it will not be in your name. Quote Link to post Share on other sites
monkeyboogers 0 Posted July 16, 2008 Author Report Share Posted July 16, 2008 My girl keeps asking me to buy her a gun so I told her ok but I didn't want it in my name. So , I ordered her a gun using my credit card and it will shipped to our local ffl dealer soon. My question is will she be able to get it in her name since I used my credit card for the purchase or will I have to get the gun in my name ? Does anyone know anything about this ? Don't write your name on the gun and it will not be in your name. The seller is putting her name on it not mine but using my credit card. Quote Link to post Share on other sites
AKdomination 1 Posted July 16, 2008 Report Share Posted July 16, 2008 (edited) My girl keeps asking me to buy her a gun so I told her ok but I didn't want it in my name. So , I ordered her a gun using my credit card and it will shipped to our local ffl dealer soon. My question is will she be able to get it in her name since I used my credit card for the purchase or will I have to get the gun in my name ? Does anyone know anything about this ? Don't write your name on the gun and it will not be in your name. The seller is putting her name on it not mine but using my credit card. Actually, i was kidding. There is no federal registration for common guns. Your name should not be tied into a database just because you bought it. Edited July 16, 2008 by AKdomination Quote Link to post Share on other sites
pt92 4 Posted July 16, 2008 Report Share Posted July 16, 2008 My girl keeps asking me to buy her a gun so I told her ok but I didn't want it in my name. So , I ordered her a gun using my credit card and it will shipped to our local ffl dealer soon. My question is will she be able to get it in her name since I used my credit card for the purchase or will I have to get the gun in my name ? Does anyone know anything about this ? Yes--I have done this here in Mo. (for the wife). -Cheers Quote Link to post Share on other sites
jrance@iacwds.com 716 Posted July 16, 2008 Report Share Posted July 16, 2008 If the seller sends the receipt in her name there is no problem. If the receipt comes in your name it could (probably would) present a problem with your FFL. Quote Link to post Share on other sites
LdyGunner 0 Posted July 16, 2008 Report Share Posted July 16, 2008 What matters is who fills out the 4473. Buy it for her, but she needs to fill out the yellow (now white) sheet for it to pick it up. Firearms are my favorite birthday, christmas or anniversary gift - but anything that is going to be mine, regardless of who pays for it, goes on my list of 4473s and the paperwork is tied to me. This means the liability for them is all mine, and I get custody of them. Same thing goes in reverse - regardless of gender. I don't want that funky over under thing in my name - I'll buy it for his birthday and gladly but he'll have to sign the paperwork for it and it's definitely all his. Quote Link to post Share on other sites
GPalmer 1 Posted July 16, 2008 Report Share Posted July 16, 2008 My girl keeps asking me to buy her a gun so I told her ok but I didn't want it in my name. So , I ordered her a gun using my credit card and it will shipped to our local ffl dealer soon. My question is will she be able to get it in her name since I used my credit card for the purchase or will I have to get the gun in my name ? Does anyone know anything about this ? Don't write your name on the gun and it will not be in your name. The seller is putting her name on it not mine but using my credit card. Perfect! You should be good to go, just make sure you are not acting like it's your gun and you'll be fine! Quote Link to post Share on other sites
GPalmer 1 Posted July 16, 2008 Report Share Posted July 16, 2008 Firearms are my favorite birthday, christmas or anniversary gift Quote Link to post Share on other sites
Eric Pate 478 Posted July 16, 2008 Report Share Posted July 16, 2008 Yes, it is considered a gift. It would be a straw sale if you picked it up and had the background check run on you. As long as the Girlfriend fills out the transfer forms and the BG check is on her, then nobody cares who paid for it. Quote Link to post Share on other sites
Gunfixr 76 Posted July 16, 2008 Report Share Posted July 16, 2008 At first I wondered, but after reading the whole thing, I see it's for your girlfriend. If she was your wife, there would be no discussion, ATF does not have any problem with you buying a gun for your spouse or IMMEDIATE family, read son or daughter, or may grandkids. Going any further out than that is getting deeper and deeper from the gray and into the black area. If you paid for the gun with your CC, but had it sent to the dealer for her, using her name, then the dealer doesn't even know you paid for it, all he knows is that it's a prepaid transfer. If there is a fee to be paid, you give her the money BEFORE ENTERING THE STORE. If you give her the money in the store it looks like a straw purchase and you're done. The dealer will assume you can't have it and you're getting her to get it for you, not that you paid for it for her. She pays the fee, does the background check, and it's hers. You two break up, she takes it with her. If you want your money back, and she gives you the gun, then you're into the gray area of a straw purchase, subject to the interpretation of ATF. Since you would then be in actual possession of the gun, she could go tell the dealer or ATF that you in fact got her to make the straw purchase of the gun for you, and it would be her word against yours in court. This advice is strictly for you giving her the gun as a gift in a legal manner. You gave it to her, but she took legal possession and established her ability to do so. This is not an explanation on how to conduct a straw purchase, nor is intended to be. If you break the law by doing something other than this, it is your own responsibility. Quote Link to post Share on other sites
ilsrwy27 0 Posted July 16, 2008 Report Share Posted July 16, 2008 Nobody cares who provided the funds. The only important thing is that the person who is actually going to own/use the gun fills the paperwork (background check). Quote Link to post Share on other sites
RockHoundTX 10 Posted July 17, 2008 Report Share Posted July 17, 2008 It will all depend on your FFL and how they interpret the "straw purchase" clause as it relates to Question #1. Technically speaking, a straw purchase at least in the state of Texas is when one person purchases a firearm at the request of someone who is not legally allowed to purchase the firearm themselves (i.e., felon, under-age, not legal state resident, etc.). However, as a CYA most FFLs will only transfer to the person whose name is on the invoice. I had this problem with an FFL last year. The FFL had seen my wife several times before and knew she was my wife. However, he would not let her pick up a rifle since it was my name on the receipt that was inside the box. He said that since my name was on the receipt, my wife could not truthfully answer Question 1 as YES and therefore it was "clearly a straw purchase". As is often the case, he just did not know the law and honestly did not want to know the law. Being that Texas is a community property state, anything I earn or buy is automatically 50% owned by my wife and vice versa. From a Texas law perspective and a Federal law perspective there is absolutely nothing that should prohibit my wife from picking up a firearm that I paid for. However, this made zero difference to the FFL. His shop, his rules. Of course, that is the last time I used him for a transfer. Quote Link to post Share on other sites
ML Roak 0 Posted July 17, 2008 Report Share Posted July 17, 2008 (edited) RockhoundTX has it right, a straw purchase is only a straw purchase if you are buying the gun for someone who is not legally allowed to buy a firearm. You can buy a gun, give it to a friend as a gift, give it to a girlfriend, or give it to a complete stranger as long as they are legally qualified to own the weapon (some state laws vary on this, check your local listings), if your girlfriend is felon then it's a straw purchase. There is no federal mandate that a gun has to be registered to it's owner, and private transfers are unregulated (once again, some states (notably California) require it). JMHO, giving guns to girlfriends is a bad idea, if you want to have a gun for her to use, buy one and let her use it, if there is a break-up retain it in your hands, that way her next boytoy won't use it against you in a manufactured domestic. Edited July 17, 2008 by ML Roak Quote Link to post Share on other sites
shrugod 0 Posted July 19, 2008 Report Share Posted July 19, 2008 i do this all the time. dont worry about it. whoever fills out the paperwork gets the gun, no matter who pays. i went to the trading post last month and bought a gun for my fallen brother to put in the casket. my brother in law did the paperwork, i paid a third with my card, my father paid a third with his card, and my friend paid a third with his card. doesnt matter who pays Quote Link to post Share on other sites
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