Results 1 to 15 of 15

Thread: i have a gun question for you

  1. #1
    Regular Member
    Join Date
    Feb 2009
    Location
    kittanning, Pennsylvania, USA
    Posts
    196

    Post imported post

    i am going to get my girlfriend of 13 yrs. her gun but she wants it in my name is this legal. can she carry a gun that is reg. to me. i'm thinking of getting her a 910 stainless 40 cal. smith and wesson

  2. #2
    Regular Member
    Join Date
    Jan 2009
    Location
    Scranton, Pa, ,
    Posts
    270

    Post imported post

    If you bought her a gun that she would be carrying then I believe that would be considered a straw purchase. Thats just my take on it. Anyone know for sure?

  3. #3
    Banned
    Join Date
    Jan 2008
    Location
    Indiana, Pennsylvania, USA
    Posts
    674

    Post imported post

    If she has her LTCF, she can carry your guns. Or anyone's guns, with permission.

  4. #4
    Campaign Veteran
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania, USA
    Posts
    246

    Post imported post

    spencer280 wrote:
    i am going to get my girlfriend of 13 yrs. her gun but she wants it in my name is this legal. can she carry a gun that is reg. to me. i'm thinking of getting her a 910 stainless 40 cal. smith and wesson
    There is no such thing as "registration" in Pa. In fact, "registration" is specifically prohibited by law.

    §6111.4. Registration of Firearms.

    Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any governÂ*ment or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term “firearm” shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon. (Added by L 1995. Spec. Sess 1, Act 17(6,), eff 10/11/95.)
    YllwFvr wrote:
    If you bought her a gun that she would be carrying then I believe that would be considered a straw purchase. Thats just my take on it. Anyone know for sure?
    It is perfectly legal for Person A to buy a gun, and give it to Person B as a gift. BUT, if Person B gives Person A money specifically for the purpose of purchasing a gun for Person B to have, it is a straw purchase.

  5. #5
    Regular Member
    Join Date
    Feb 2009
    Location
    kittanning, Pennsylvania, USA
    Posts
    196

    Post imported post

    ok why i was asking is the thought that paper you sign for the goes to the police dept i thought that was a reg thanks for clearing that up but the question and i think you guys answered it was i bought the gun for her but i do the paper work. she can carry it right with out any problems right

  6. #6
    Regular Member
    Join Date
    Jul 2007
    Location
    Centennial, Colorado, USA
    Posts
    1,412

    Post imported post

    gnbrotz wrote:
    It is perfectly legal for Person A to buy a gun, and give it to Person B as a gift. BUT, if Person B gives Person A money specifically for the purpose of purchasing a gun for Person B to have, it is a straw purchase.
    I was under the impression that it's a straw purchace only if Person B couldn't legally buy the gun themselves. Am I wrong?

  7. #7
    Regular Member
    Join Date
    Feb 2009
    Location
    kittanning, Pennsylvania, USA
    Posts
    196

    Post imported post

    ok thats cool i just wanted to make sure if i bought the gun and my wife goes to the store that she would be legal to carry it.

  8. #8
    Campaign Veteran
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania, USA
    Posts
    246

    Post imported post

    FogRider wrote:
    gnbrotz wrote:
    It is perfectly legal for Person A to buy a gun, and give it to Person B as a gift. BUT, if Person B gives Person A money specifically for the purpose of purchasing a gun for Person B to have, it is a straw purchase.
    I was under the impression that it's a straw purchace only if Person B couldn't legally buy the gun themselves. Am I wrong?
    Yes. It is absolutely possible to make a straw purchase (breaking the law) even if the recipient is not a prohibited person. Providing a firearm to a prohibited person is a separate crime.

    From Wiki:
    Under United States federal gun laws, a straw purchase is any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is not the "actual purchaser", but is acting as a proxy for another person. Although the term is commonly used to refer to purchasing on behalf of a person who is legally ineligible to purchase or possess a firearm, the law does not make that distinction.

  9. #9
    Campaign Veteran
    Join Date
    Jul 2008
    Location
    Lobelville, Tennessee, USA
    Posts
    2,615

    Post imported post

    spencer280 wrote:
    i am going to get my girlfriend of 13 yrs. her gun but she wants it in my name is this legal. can she carry a gun that is reg. to me. i'm thinking of getting her a 910 stainless 40 cal. smith and wesson
    You are purchasing the firearm and then "gifting" that firearm to your loving girlfriend. (I'm assuming that she does love you). The only thing you have to worry about .....is ******* her off.

  10. #10
    Campaign Veteran
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania, USA
    Posts
    246

    Post imported post

    Task Force 16 wrote:
    spencer280 wrote:
    i am going to get my girlfriend of 13 yrs. her gun but she wants it in my name is this legal. can she carry a gun that is reg. to me. i'm thinking of getting her a 910 stainless 40 cal. smith and wesson
    You are purchasing the firearm and then "gifting" that firearm to your loving girlfriend. (I'm assuming that she does love you). The only thing you have to worry about .....is ******* her off.
    Anyone in Pa. can loan a firearm to anyone else who possess a LTCF, so it really doesn't matter if he buys the gun as a gift, or simply buys it for himself, but lets her carry it.

    What he CANNOT do is take money from her, purchase the gun himself (on her behalf), then give the gun to her. THAT is a straw purchase.

  11. #11
    Regular Member
    Join Date
    Feb 2009
    Location
    kittanning, Pennsylvania, USA
    Posts
    196

    Post imported post

    you hit the nail on the head im buying the gun for me . its just when she goes out she will carry the weapon and yes she has a L.T.C.F permit. i just wanted to make sure she would not get in to trouble if i wasn't round and she was carrying it

  12. #12
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    gnbrotz wrote:
    Task Force 16 wrote:
    spencer280 wrote:
    i am going to get my girlfriend of 13 yrs. her gun but she wants it in my name is this legal. can she carry a gun that is reg. to me. i'm thinking of getting her a 910 stainless 40 cal. smith and wesson
    You are purchasing the firearm and then "gifting" that firearm to your loving girlfriend. (I'm assuming that she does love you). The only thing you have to worry about .....is ******* her off.
    Anyone in Pa. can loan a firearm to anyone else who possess a LTCF, so it really doesn't matter if he buys the gun as a gift, or simply buys it for himself, but lets her carry it.

    What he CANNOT do is take money from her, purchase the gun himself (on her behalf), then give the gun to her. THAT is a straw purchase.
    Greg - let's break this up in pieces.

    First, under federal law, it's a crime (AKA straw purchase) to buy a gun from a dealer for a prohibited person.

    Second, it is a federal felony to lie on the ATF Form 4473 that you are the actual purchaser when you are not.

    Andthird, it is a crime under Pennsylvania law to privately transfer a handgun to a person who is not a family member even though it is not a crime for the transforee to take possession and title of the handgun provided she is not a prohbited person.

    Finally, fourth, it is not a crime to lend a handgun to a person who holds a PA License to Carry Handguns.

  13. #13
    Regular Member
    Join Date
    Feb 2009
    Location
    kittanning, Pennsylvania, USA
    Posts
    196

    Post imported post

    thank you mike. that helps. now i can buy that gun for me but i will let her carry it when she is out and about .

  14. #14
    Campaign Veteran
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania, USA
    Posts
    246

    Post imported post

    Mike wrote:
    Greg - let's break this up in pieces.

    First, under federal law, it's a crime (AKA straw purchase) to buy a gun from a dealer for a prohibited person.
    http://www.davekopel.com/NRO/2003/Gray-Gun-Stories.htm
    In 1995, BATF changed the guidance, and instructed dealers that a straw purchase also includes sales in which both the initial buyer and the ultimate recipient could legally purchase and possess firearms.

  15. #15
    Regular Member
    Join Date
    Feb 2009
    Location
    kittanning, Pennsylvania, USA
    Posts
    196

    Post imported post

    cool im both thoe. she just borrows it. this has been ever helpful.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •