My grandson just got his ltch and wants me to buy him a handgun

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  • Notalentbum

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    He's 18 and did the application process. Just waiting for his ltch to come in the mail. He wants me to buy him a handgun at the upcoming 1500 or I'll talk him into visiting PSS. I know he can own a handgun, he just can't buy one. I'm curious as to my liability by buying for him.

    Thanks, Matt
     

    Sylvain

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    If he's a "proper person" which he should be if he got his LTCH you can gift him a gun.
    At 18 he can buy a long gun from a FFL, not a handgun.
    He can also buy a gun (long gun or handgun) from a private person.

    I'm not a lawyer though but that's my understanding.
     

    9mmfan

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    Yes lawyers. For high school graduation I bought my son a gun . He picked it out and I filled the paperwork out and paid for it. Midwest didn't even blink an eye.
     

    Brickmandan

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    Would you be my Grandpa? I like jeeps and guns. But seriously your idea with the 1911's sounds good, he get's a great gun and you can get yourself an even better one.
     

    Notalentbum

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    Would you be my Grandpa? I like jeeps and guns. But seriously your idea with the 1911's sounds good, he get's a great gun and you can get yourself an even better one.

    The reality is I'll be buying him a gun with his money, but if I can convince him my R1 1911 is the way to go, he can buy my old blued R1 and I'll get the Stainless R1 I want. Unfortunately, he'll probably want a Glock 22 or 23. He's shot mine a lot and likes the Glock and the .40 cal.

    Matt
     

    myhightechsec

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    The reality is I'll be buying him a gun with his money,

    This is where you get into trouble as a strawman buyer. If it is HIS money, then YOU are not really the buyer of the gun and you lied on the forms. You can buy and gift him a gun, but it must be a pure gift for it to pass the ATF rules.
     

    Sylvain

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    The reality is I'll be buying him a gun with his money,

    This is where you get into trouble as a strawman buyer. If it is HIS money, then YOU are not really the buyer of the gun and you lied on the forms. You can buy and gift him a gun, but it must be a pure gift for it to pass the ATF rules.

    Is it still a straw purchase if he's buying the gun for someone who's a proper person and who could pass a background check? :dunno:
     

    JettaKnight

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    The reality is I'll be buying him a gun with his money,

    This is where you get into trouble as a strawman buyer. If it is HIS money, then YOU are not really the buyer of the gun and you lied on the forms. You can buy and gift him a gun, but it must be a pure gift for it to pass the ATF rules.

    THIS.

    Plus, you're buying it for a person that can't legally buy it from a dealer himself.
    Is it still a straw purchase if he's buying the gun for someone who's a proper person and who could pass a background check? :dunno:
    The SC has ruled it still applies to relatives and Glocks, even if they're a proper person.
     

    IndyDave1776

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    Unfortunately, he'll probably want a Glock 22 or 23. He's shot mine a lot and likes the Glock and the .40 cal.

    Matt

    This is the legally dangerous point. If you buy on his behalf and he is paying for it, it is an illegal straw purchase. You can give but not serve as a proxy buyer. It is also significant that this only applies to federally licensed dealers. He can buy a gun from you, or from me for that matter, and it is perfectly legal since the federal restriction is on the dealer, not the buyer, unless, of course you fraudulently fill out a 4473 declaring yourself as the actual buyer.

    Deletion of the above-quoted post is highly recommended.
     

    IndyDave1776

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    Is it still a straw purchase if he's buying the gun for someone who's a proper person and who could pass a background check? :dunno:

    Absolutely. The legal problem isn't the properness of end recipient, it is the fact that you are filling out a federal form and making a false declaration, much like lying to the police rather than simply choosing to remain silent. Strangely enough, the courts have ruled that lying on a 4473 about being an improper person (like a felon, for example) cannot be prosecuted as it is tantamount to forced self-incrimination, but the rest of us don't get any such protection.
     

    CindyE

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    Is it still a straw purchase if he's buying the gun for someone who's a proper person and who could pass a background check? :dunno:
    The way I understand it, it is. Someone I know is a proper person, but they frequently get put on hold when submitting the form, and have to wait to pick up the gun. We were at a shop a couple of hours from home, and it happened. I asked if i could buy it instead, and was told no, that it would be a straw purchase. Kinda sucked, and the gun ended up being purchased somewhere closer to home, rather than drive back in a few days. Not saying that the rule is bad, it's just unfortunate the way it works out sometimes.
     

    JettaKnight

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    You'd think there'd be some Glocks in the classifieds or walking around at the 1500, probably easy enough to find one from a non-dealer.
     

    Sylvain

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    The way I understand it, it is. Someone I know is a proper person, but they frequently get put on hold when submitting the form, and have to wait to pick up the gun. We were at a shop a couple of hours from home, and it happened. I asked if i could buy it instead, and was told no, that it would be a straw purchase. Kinda sucked, and the gun ended up being purchased somewhere closer to home, rather than drive back in a few days. Not saying that the rule is bad, it's just unfortunate the way it works out sometimes.

    Well in this case the rule is clearly bad when you're 18, allowed to own a gun, allowed by your state to carry it but not allowed by the federal government to buy it in a gun store.

    That's just like being issued a driver's licence but not being allowed to buy a car from your local dealership. :dunno:

    Maybe until he's 21 he could just buy a long gun and carry it around as a form of protest.
     
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