zzzzzzzzzz wrote:
On Mon, 2 Jan 2012 21:40:44 -0600, "HeyBub"
wrote:

zzzzzzzzzz wrote:

Interestingly, it's illegal to buy a gun (as a gift, for instance)
for someone else, even a spouse. I would never do such a thing.
"Of course the pink revolver is for me, sweetie.".


In what benighted jurisdiction is that true? There's a difference in
intent between a straw-purchase and a gift purchase and, inasmuch as
"intent" is a necessary element of every criminal offense, if you
intend the weapon as a gift, no foul.

Vermont. I was told it was federal. They told me the same thing here
in Alabama. The name on the yellow-sheet was for the end user. I
mentioned, both times how silly it was since it was perfectly legal
for me to transfer it after. ...and my wife? Oh, she was told the
same thing when she said she was going to buy one for me. Nope. No
can do. I only assumed it was federal. It couldn't be a Vermont gun
law. They don't have any. ;-)


Don't listen to fools.

From the ATF publication, "Federal Firearms Regulations Reference Guide"

"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 dealer's records."

http://www.atf.gov/publications/down...f-p-5300-4.pdf

(The above presumes the buyer has no knowledge that the eventual recipient
is prohibited from owning the weapon. That is the giftee is not a felon,
alien, non-resident, or smells funny.)

Federal law certainly allows you can buy a gun as a present or to
overcome some other disability.

How else does a 12-year old get his first .22? Or his first Barrett
50-cal?

He doesn't. His parents do.

Nope. A 12-year old, under federal law, can legally OWN a gun, he just can't
buy one. This oddity shows up often when 20-year olds become police
officers. Usually, the department buys the gun for the officer.