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i have a gun question for you

spencer280

Regular Member
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Feb 16, 2009
Messages
196
Location
kittanning, Pennsylvania, USA
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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
 

YllwFvr

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Jan 31, 2009
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270
Location
Scranton, Pa, ,
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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?
 

gnbrotz

Campaign Veteran
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May 30, 2007
Messages
247
Location
Chambersburg, Pennsylvania, USA
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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 govern­ment 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.
 

spencer280

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Feb 16, 2009
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196
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kittanning, Pennsylvania, USA
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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
 

FogRider

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Jul 23, 2007
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Location
Centennial, Colorado, USA
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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?
 

gnbrotz

Campaign Veteran
Joined
May 30, 2007
Messages
247
Location
Chambersburg, Pennsylvania, USA
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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.
 

Task Force 16

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Jul 20, 2008
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Lobelville, Tennessee, USA
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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 pissing her off. :lol:
 

gnbrotz

Campaign Veteran
Joined
May 30, 2007
Messages
247
Location
Chambersburg, Pennsylvania, USA
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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 pissing her off. :lol:
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.
 

spencer280

Regular Member
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Feb 16, 2009
Messages
196
Location
kittanning, Pennsylvania, USA
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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
 

Mike

Site Co-Founder
Joined
May 13, 2006
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8,706
Location
Fairfax County, Virginia, USA
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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 pissing her off. :lol:
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.
 

gnbrotz

Campaign Veteran
Joined
May 30, 2007
Messages
247
Location
Chambersburg, Pennsylvania, USA
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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.
 
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