• If you are having trouble changng your password please click here for help.

My 18 year old asked my to buy him a handgun

jcountry said:
Straw purchase.

Don't even think about it!

(My understanding is that he needs to be 21 to buy. If you buy it for him, that would be a straw purchase-and that can get you ten in the slammy!)
Click to expand...

Your understanding would be incorrect. Buying a firearm to your son is perfectly legal so long as you are honest with filling out the form 4473. The question on the 4473 is clear; "You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party." So long as your son is not a prohibited person, a felon, fugitive from justice, ect..you can buy them a firearm as a gift. http://www.law.cornell.edu/uscode/text/18/part-I/chapter-44




jcountry said:
Some people may say that you would have to prove "intent" if you bought a gun and then gifted it to an 18 year old. That "intent" would then qualify the transaction as a "straw purchase."

-Well, if things went south-and they decided to prosecute, the "intent" is right there in the OP. I think that is all the proof anyone would need.
Click to expand...

No where in chapter 44 does it discuss intent in the terms you described. Why? Because what you described is nonsense. It is perfectly legal to gift a firearm to a non-prohibited person so long as you are honest when filling out the 4473, stating that the purchase is a gift. http://www.law.cornell.edu/uscode/text/18/part-I/chapter-44
If you or anyone else is going to come in here and tell people that something is illegal then please provide the written law to support your claim. I advise you read chapter 44 of 18 USC, specifically section 922 that discusses unlawful acts.
 
Last edited:
O.K.


I must be missing something. I just looked at the 4473. I don't see the word "gift" anywhere. I see all sorts of warnings against buying a firearm for anyone else, but I can't find "gift" anywhere. What specific section are you referring to?

Also, how can you purchase a handgun for a prohibited party? I agree that it is legal for someone under 18 to possess a handgun, but I don't think it is legal for that person to purchase one. When someone specifically states that they are considering purchasing a handgun for someone else who is not able to purchase for himself (due to age,) how on Earth is that not intent to perform a straw purchase?

It is one thing to buy a gun and then later decide that you want to gift it. It seems to me to be something different altogether when a person states right up front that the purpose of this purchase is to skirt laws prohibiting a person who is not 21 from purchasing this gun on their own.

(I am not a lawyer, and I am not giving advice. But I would like to understand where I am wrong. I do see this as a straw purchase. Intent seems very clear.)
 
Last edited:
And let's remember. The op did not say he was purchasing it as a gift, so i figured he was purchasing it for the son-specifically because the son is not old enough. I don't think that is kosher. (But once again, I am not a lawyer. I am just trying to figure this one out.)
 
jcountry said:
O.K.


I must be missing something. I just looked at the 4473. I don't see the word "gift" anywhere. I see all sorts of warnings against buying a firearm for anyone else, but I can't find "gift" anywhere. What specific section are you referring to?

Also, how can you purchase a handgun for a prohibited party? I agree that it is legal for someone under 18 to possess a handgun, but I don't think it is legal for that person to purchase one. When someone specifically states that they are considering purchasing a handgun for someone else who is not able to purchase for himself (due to age,) how on Earth is that not intent to perform a straw purchase?

It is one thing to buy a gun and then later decide that you want to gift it. It seems to me to be something different altogether when a person states right up front that the purpose of this purchase is to skirt laws prohibiting a person who is not 21 from purchasing this gun on their own.

(I am not a lawyer, and I am not giving advice. But I would like to understand where I am wrong. I do see this as a straw purchase. Intent seems very clear.)
Click to expand...

I never said anything about purchasing a firearm for a prohibited person. I said that it is perfectly legal to purchase a firearm for another party provided that they are NOT a prohibited person. I think a lot of your misunderstanding comes from your not taking the time to fully read and understand what is written. Simply scanning over the material is not the same as actually reading and comprehending what is written.

As for the final part of your question, if you had actually taken the time to read chapter 44, you would know that a person 18 years old or older is NOT prohibited from owning a firearm, including pistols. So, as long as they do not have any prohibiting factors like being a felon or a fugitive from justice or a domestic violence charge, ect, they can own firearms, including pistols. Age is not a prohibitive factor so long as they are at least 18 years of age. All of this is in the link I have now posted multiple times, if people would take the time to actually read this **** they wouldn't be in here spouting nonsense, saying this and that is illegal. All you are doing is spreading misinformation and hurting your fellow gun owners.

- - - Updated - - -

jcountry said:
And let's remember. The op did not say he was purchasing it as a gift, so i figured he was purchasing it for the son-specifically because the son is not old enough. I don't think that is kosher. (But once again, I am not a lawyer. I am just trying to figure this one out.)
Click to expand...

This will help you better understand.

http://www.law.cornell.edu/uscode/text/18/part-I/chapter-44
 
I see your point if the gun is a gift. I still think it is a straw purchase if the dad expresses his intent to purchase the gun for the son who is underage. On behalf of the son-not as a gift.

I would advise the op to call up the ATF and see what they say. This whole area is too gray for me.
 
Last edited:
I would say yes buy him onebut keep it at your house and dont let it leave your house untill he knows how to use and and he has his carry permit.
 
You must log in or register to reply here.

Similar threads

My New Plinker
Replies
5
Views
251
lostchild
lostchild
Finished my Carry Builds: Custom Beretta 92A1G Brigadier Elite(And others, with pictures!)
2 3 4
Replies
30
Views
641
rhaney02
rhaney02
Is my gun dangerous?
Replies
8
Views
378
jeepnuts
jeepnuts

Featured Listings!

Back
Top Bottom