Captain Nemo wrote:
Very fine line there rcawdor57. If you pay for a firearm and give it to someone as a gift (accept no money for it) then you/they answer yes to question 11.a. on the 4473 form. However if a person gives you money to buy a firearm for them then you must answer no to question 11.a.
If a non-prohibited person fills out the 4473 form and passes the background check and you pay for the firearm the ATF doesn't consider that a straw purchase they consider it a gift.
Whether a purchase is considered a gift, legal purchase or "straw" purchase is dependent on the background check andother qualificationsof the person taking final possession of that purchase. Sometimes that slope can get rather slippery.
Not a gift at all, this is completely legal. There is no "slippery slope". Let me say this again "If my wife, brother, etc...fills out the paperwork and are NOT prohibited (ie, they PASS the NICs check) and another person pays for it there is absolutely no "fine line" here. Never did I say the firearm was being transferred to a prohibited person.
The last time this happened with me was when my wife PAID for my firearm a week ago. Was that illegal? Nope. Too many people are missing the intent of this law. If you fill out the 4473 form and buy a gun for someone who cannot buy it for themselves then it is a straw purchase once you transfer that firearm to them.
http://www.atf.gov/press/releases/2010/04/040710-atf-usao-industry-join-forces-against-straw-purchases.pdf
“If you purchase a firearm for someone who cannot legally do so, that stroke of a pen
could cost you up to 10 years in federal prison with no parole,” stated U.S. Attorney for the Western District of Texas John E. Murphy. “Ask yourself, ‘Is it worth it?’”
Added this link:
http://www.dontlie.org/index.cfm