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Thread: Having Trouble Getting a Handgun. please help

  1. #1
    alphamale328
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    Unhappy Having Trouble Getting a Handgun. please help

    I am active duty military, 20 years of age. My home of record is VA to wich i still pay taxes, yet I own a home in Dover, De where I am stationed. It is anly 1 1/2 - 2 hours drive so i am frequently back and forth between my home town (Triangle) and my current residence. I am having trouble finding some one who will privatly sell me a pistol or buy a pistol for me. Obviously most people dont know the law or mis-interpret the law and are nervious about the whole situation. Does anyone have any suggestions or ideas on where or how i can obtain one? please help me out

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    I know your asking about Private sales. Just a thought doesn't Quantico MCBX still sell handguns. I bought a beretta from them back in the mid 90's and their prices were very competative, and since it was out of the exchange you don't have to pay tax.

  3. #3
    alphamale328
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    Quote Originally Posted by rob99vmi04 View Post
    I know your asking about Private sales. Just a thought doesn't Quantico MCBX still sell handguns. I bought a beretta from them back in the mid 90's and their prices were very competative, and since it was out of the exchange you don't have to pay tax.
    That may be true but I would still have to be 21 right (im 20)? or not? Im not familar with the ucmj regulations on handguns.

  4. #4
    Regular Member TFred's Avatar
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    You might try looking around here: http://www.vaguntrader.com/

    They have a Want To Buy - Handguns sub-forum.

    JMHO: I'd be up front about your situation in your request. I would think as long as you have sufficient documentation to show your legal residence, most folks would be OK with it.

    TFred

  5. #5
    alphamale328
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    Quote Originally Posted by TFred View Post
    You might try looking around here: http://www.vaguntrader.com/

    They have a Want To Buy - Handguns sub-forum.

    JMHO: I'd be up front about your situation in your request. I would think as long as you have sufficient documentation to show your legal residence, most folks would be OK with it.

    TFred
    Thanks, will do. Still open to any other suggestions in-case I have no luck with this option

  6. #6
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by alphamale328 View Post
    Thanks, will do. Still open to any other suggestions in-case I have no luck with this option
    Welcome to OCDO - conditionally.*

    When you are home, go to the local gun show (Dale City is closest, but Chantilly & Fredericksburg are within reasonable distance) with a copy of your orders, your ID, and some other proof of residence in Virginia (voter registrtation, DL, lease/utility bill). There are folks with table selling from their private collections, as well as folks walking around. You might find what you are intretested in, or something else that makes your heart skip a beat.

    * But be prepared to go through some level of scrutiny by folks here. First-time poster asking for someone to "buy a pistol for me" makes our spidey-sense alarms go off all over the place. That's called a straw purchase, Agent Shmuckatelli. We know better than to play that game. While you probably are just a Gyrene looking to buy your first handgun, your lack of awareness of the laws is telling. Either that or you really are trying to entrap someone. We just don't know.

    stay safe.

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    Regular Member teecro's Avatar
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    Geez I'm as new to this forum as yesterday but what in the world are you attempting to pull here? Why do you seem intent on a private sale and/or having someone buy a gun for you? That's absolutely nuts. As an active member of the military I would not expect you to want to purchase a handgun in any other way than the legal and upstanding way.

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    Quote Originally Posted by teecro View Post
    Geez I'm as new to this forum as yesterday but what in the world are you attempting to pull here? Why do you seem intent on a private sale and/or having someone buy a gun for you? That's absolutely nuts. As an active member of the military I would not expect you to want to purchase a handgun in any other way than the legal and upstanding way.
    Someone who is 18-20 is unable to buy a handgun from an FFL, however it is still legal for them to buy a gun from a private seller. While I would be extremely hesitent of buying a HG for him and then selling it to him due to the straw purchase laws, there is nothing wrong with him looking for a private seller. My guess would just be that he is unaware that having someone else buy it for him and then selling it to him could still be charged as a straw purchase.

    But him looking for a private seller is 100% legal (and the only way he can get one short of someone gifting him the HG).

  9. #9
    Regular Member teecro's Avatar
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    Quote Originally Posted by Aknazer View Post
    Someone who is 18-20 is unable to buy a handgun from an FFL, however it is still legal for them to buy a gun from a private seller. While I would be extremely hesitent of buying a HG for him and then selling it to him due to the straw purchase laws, there is nothing wrong with him looking for a private seller. My guess would just be that he is unaware that having someone else buy it for him and then selling it to him could still be charged as a straw purchase.

    But him looking for a private seller is 100% legal (and the only way he can get one short of someone gifting him the HG).
    Thanks for clearing that up. I was not aware that one needed to be 21 or older to purchase from an FFL; I can now understand the desire for the private sale. But asking someone to buy a gun for you just sets of all kinds of bells and lights; like buying beer or smokes for teens hanging outside the convenience store it just ain't right.

  10. #10
    alphamale328
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    Quote Originally Posted by skidmark View Post
    Welcome to OCDO - conditionally.*

    When you are home, go to the local gun show (Dale City is closest, but Chantilly & Fredericksburg are within reasonable distance) with a copy of your orders, your ID, and some other proof of residence in Virginia (voter registrtation, DL, lease/utility bill). There are folks with table selling from their private collections, as well as folks walking around. You might find what you are intretested in, or something else that makes your heart skip a beat.

    * But be prepared to go through some level of scrutiny by folks here. First-time poster asking for someone to "buy a pistol for me" makes our spidey-sense alarms go off all over the place. That's called a straw purchase, Agent Shmuckatelli. We know better than to play that game. While you probably are just a Gyrene looking to buy your first handgun, your lack of awareness of the laws is telling. Either that or you really are trying to entrap someone. We just don't know.

    stay safe.
    Thank you very much, and no i am not nor will i ever be affiliated with any law enforcement agency. I apologize for my misinterpretation of the law. I thought "straw purchase" only pertained to individuals who are not legally permitted to posses a firearm (buying a gun with the intention to sell or gift it to a convicted felon or any other disqualified person). Idk how it would be illegal for me to ask someone to buy a gun for ME. or is it? or is it only okay if it is a gift. (hey dad would you get me a gun for my birthday?)

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    Quote Originally Posted by alphamale328 View Post
    Thank you very much, and no i am not nor will i ever be affiliated with any law enforcement agency. I apologize for my misinterpretation of the law. I thought "straw purchase" only pertained to individuals who are not legally permitted to posses a firearm (buying a gun with the intention to sell or gift it to a convicted felon or any other disqualified person). Idk how it would be illegal for me to ask someone to buy a gun for ME. or is it? or is it only okay if it is a gift. (hey dad would you get me a gun for my birthday?)
    The law as far as it's displayed in my base exchange is that it's illegal to buy a gun for someone who is not able to legally buy that gun. As you're under 21 you're not able to legally buy the gun from the FFL, which makes someone buying the weapon for you, and then selling it to you a straw purchase as the intent was always to sell the weapon to someone unable to legally buy it for theirself.

    Now yes your dad can buy the gun for your birthday and then gift it to you legally. But you can't LEGALLY give him the money to buy the gun for you and then then have him "gift" it to you (though if your family were to do such a thing it would likely be very hard to prove in court unless a fellow family member testified about it or there was some type of money trail. Not that I support doing this...).

  12. #12
    alphamale328
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    Quote Originally Posted by alphamale328 View Post
    I am active duty military, 20 years of age. My home of record is VA to wich i still pay taxes, yet I own a home in Dover, De where I am stationed. It is anly 1 1/2 - 2 hours drive so i am frequently back and forth between my home town (Triangle) and my current residence. I am having trouble finding some one who will privatly sell me a pistol or buy a pistol for me. Obviously most people dont know the law or mis-interpret the law and are nervious about the whole situation. Does anyone have any suggestions or ideas on where or how i can obtain one? please help me out
    lol okay thank you, i get it now. I'm not saying i don't believe you but i will read it again (if i can find it) anyone have links or reference? and fyi i never asked anyone to purchase a handgun for me and i wont mention it again or imply it I'm not at all trying to get anyone in trouble (including myself) or trap anyone into committing crimes, im sorry

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    http://en.wikipedia.org/wiki/Straw_purchase

    According to the article this means that if I were to give my wife money to buy a gun for me, even though I can legally buy the gun, it would still be a straw purchase under the letter of the law. Under the law a "straw purchase" is when one acts as your proxy (regardless of if you can legally buy the weapon or not), but you can read more about it in the article if you want.

    And my BX has the "Don't lie for the other guy" stuff that the article also mentions.

  14. #14
    alphamale328
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    My Bad

    Okay i just read it on ATF website. "In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.
    In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser's residence
    address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms
    from the licensee.
    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"
    [/SIZE]

  15. #15
    Campaign Veteran skidmark's Avatar
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    @alphamale328 -

    Glad to hear you are not a) Agent Shmuckatelli from BATEFEIEIOU(andsometimesY) or LEO trying to entrap someone. Also glad to hear you are willing to listen and learn - which you seem to do very quickly.

    Therefore, I remove the conditional part of your welcome. Hope you stick around and when you are in Virginia do try to hook up with the OC get-togethers. Manassas and NoVa are not that far away and you will meet some good folks.

    As was previously suggested, check out VaGunTrader for private sales. Post what you are looking for and check the "for sale" section regularly. You might have faster luck than walking the gun shows, but certainly not as much fun. Besides, you can talk with the folks at the VCDL table while you join, instead of just doing the membership on-line at www.vcdl.org .

    I don't know if they have gun shows in Deleware, but you can check that state forum on OCDO for info. Also check for OC get-togethers up there. We just had a fellow from Deleware attend our last Richmond OC dinner and he said je was so impressed he was planning to start something up there.

    Semper Fi, and

    stay safe.

  16. #16
    alphamale328
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    Thanks

    Quote Originally Posted by skidmark View Post
    @alphamale328 -

    Glad to hear you are not a) Agent Shmuckatelli from BATEFEIEIOU(andsometimesY) or LEO trying to entrap someone. Also glad to hear you are willing to listen and learn - which you seem to do very quickly.

    Therefore, I remove the conditional part of your welcome. Hope you stick around and when you are in Virginia do try to hook up with the OC get-togethers. Manassas and NoVa are not that far away and you will meet some good folks.

    As was previously suggested, check out VaGunTrader for private sales. Post what you are looking for and check the "for sale" section regularly. You might have faster luck than walking the gun shows, but certainly not as much fun. Besides, you can talk with the folks at the VCDL table while you join, instead of just doing the membership on-line at www.vcdl.org .

    I don't know if they have gun shows in Deleware, but you can check that state forum on OCDO for info. Also check for OC get-togethers up there. We just had a fellow from Deleware attend our last Richmond OC dinner and he said je was so impressed he was planning to start something up there.

    Semper Fi, and

    stay safe.
    thanks for Everyones support I will spread the word (laws) truthfully and will be careful not to misinform myself or others from now on. Ill see everyone in Dale city

  17. #17
    Regular Member TFred's Avatar
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    Quote Originally Posted by alphamale328 View Post
    Okay i just read it on ATF website. "In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.
    In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser's residence
    address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms
    from the licensee.
    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"
    We've gone 'round and 'round with the examples provided by the ATF on the Form 4473.

    IANAL, and I do not purport to give any advice, legal or otherwise, but what we have noted in previous discussions is that the apparent significance between the legal and illegal scenarios is that the illegal scenario has the money for the purchase changing hands before the purchase, and it is done because it is needed to complete the purchase.

    It is my personal opinion that the ATF, fully recognizing the absolute legality of private sales, barring the violation of any of the other reasons they may not be legal, has written these two examples to be intentionally vague and even misleading. They really do not care if they fool you in to surrendering your right to own a handgun.

    Again, my personal opinion, if Tom buys a gun with his own money, then sells it to Joe at any time after that, it would generally be a legal private sale. Again IMHO: even if Tom plans to sell the gun to Joe prior to the time he buys it.

    I don't think you will ever get the ATF to admit that in writing, but nobody has ever been able to cite any law or administrative rule that convinces me that my opinion is wrong.

    You're on your own, consult your own attorney for advice if you feel the need.

    TFred

  18. #18
    Regular Member Marco's Avatar
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    Quote Originally Posted by alphamale328 View Post
    I'll see everyone in Dale city
    Not the best show, there are PRIVATE SELLERS but the ones with tables don't usually have the best prices at that show.
    Check VAguntrader or wait for Chantilly or a Richmond area show and be up front about your situation as others have stated.


    You could always have your parents/relative get you one as a gift.
    Last edited by Marco; 05-25-2011 at 10:28 AM.
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  19. #19
    Regular Member TFred's Avatar
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    Quote Originally Posted by NavyLT View Post
    Sorry, but I don't think your interpretation is going to fly throught the courts. What you are saying is that person A wants person B to buy a gun for them. So, if person A gives the money to person B and person B buys the gun and gives it to person A it is illegal. But, with the exact same intention of providing person A with a gun, person B buys the gun, then gives it to person A who then gives money to person B for the gun, now all of a sudden it becomes legal simply due to the fact the money changed hands a couple hours later?

    I can guarantee that ain't going to fly. If you buy a gun from an FFL with the intention of providing that gun to another specific person for compensation, you are committing a straw purchase.

    Now, if you notice a good deal on a gun and you buy it with the intention of adding it to your private collection and then POSSIBLY selling it later to SOME other buyer who MIGHT come along..... nothing illegal about that.
    No, the point I am trying to make (although I didn't state it in my post) is that the courts have no way to determine intent. You may or may not be able to trace money changing hands (as in the example of the illegal purchase, where the money changed hands first) but when the money changes hands after the first purchase, how can you prove beyond a reasonable doubt that the two parties did not decide to make the transaction after the initial sale?

    How does a prosecutor make their case to the court? The visible evidence you have is:

    1) Bob bought a gun.
    2) Bob sold his gun to Joe.

    Unless you are wire-tapping one or both of them before hand, or can dig up a corroborating witness to determine that there was a prior intent, the visible evidence does not prove a straw purchase.

    The critical fact is that there is no law that describes how much time must elapse between actions 1) and 2). Any reasonable person would agree that if that time was 1 year, there would be no straw purchase. I suppose as that time decreased, there would be an increasing number of people who might think it was a straw purchase. But since there is no law saying what that time must be, there can be no time short enough for it to be an illegal straw purchase - when based solely on the fact that Bob sold his gun to Joe. There certainly might be other facts that could make a case, but not just the facts 1 and 2.

    My opinion is that ATF knows this and is intentionally vague, to the point of misleading about it. That's all.

    Here's an interesting scenario to consider. Is this a straw purchase?

    1) Bob and Joe were talking one day over the grill and Joe told Bob he was looking for a Particular Gun.
    2) A week later, Bob was on his way home from an unexpected trip out of town, and stopped by a gun show. Bob saw a great deal on a Particular Gun, but unfortunately, his cell phone battery had died, so he couldn't call Joe. Bob bought the gun.
    3) Upon returning home, Bob called Joe and asked, "Would you like to by this Particular Gun I saw at the gun show?"
    4) Joe jumped for joy and drove right over to Bob's house and wrote him a check for the Particular Gun.

    Straw Purchase?

    TFred

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    My question would be, does by their definition ANY gun you buy with plans to resell once you're bored with it become a "straw purchase" (regardless of if they can prove it)? Or what if you see a great deal at a gun show and buy the gun to turn around and sell it for a profit? In both situations you only planned on being a temporary owner even if you didn't know who the final seller would be.

    The straw purchase law is pretty retarded. It "should" simply be illegal to buy a gun for someone who isn't authorized to own one (aka felons). It shouldn't be illegal to buy a gun for someone (friend/family) who you know is legal to own the weapon.

  21. #21
    Regular Member TFred's Avatar
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    Quote Originally Posted by Aknazer View Post
    My question would be, does by their definition ANY gun you buy with plans to resell once you're bored with it become a "straw purchase" (regardless of if they can prove it)? Or what if you see a great deal at a gun show and buy the gun to turn around and sell it for a profit? In both situations you only planned on being a temporary owner even if you didn't know who the final seller would be.

    The straw purchase law is pretty retarded. It "should" simply be illegal to buy a gun for someone who isn't authorized to own one (aka felons). It shouldn't be illegal to buy a gun for someone (friend/family) who you know is legal to own the weapon.
    I suspect that the ATF would be perfectly happy to outlaw private sales altogether. JMHO.

    TFred

  22. #22
    Regular Member Outdoorsman1's Avatar
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    I do not pretend to know all the legalities involved by try here... based in Georgia...

    www.outdoorstrader.net

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  23. #23
    Regular Member TFred's Avatar
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    Quote Originally Posted by NavyLT View Post
    First, you are confusing committing a crime with being convicted for committing the crime. Just because there is not enough evidence to convict a person for a crime does not mean they were not guilty.

    In your particular scenario, as written, Bob did not perform a straw purchase. Now, if Bob DID call Joe, and Joe said, "Heck yes! Get that gun for me and I'll pay you when we meet!" and Bob buys the gun from a licensed dealer on Joe's behalf, then a straw purchase is committed whether or not there is enough evidence to convict Joe and Bob. Now..... if Bob bought the gun on Joe's behalf from a private party...no straw purchase, because the straw purchase statute only applies to providing a false statement to a LICENSED dealer or manufacturer!
    I still don't buy it. I don't think it is really a crime. What happens if Joe dies of a heart attack before Bob gets to his house? How can Bob be guilty of a crime then? Yet you would say he is already guilty as soon as he buys the gun.

    Do you not see the fallacy of the reasoning here? This "crime" requires knowledge of the future.

    This position (which I acknowledge is the position of the ATF) defines who is the purchaser of the gun based on what the actual purchaser intends to do with it.

    No matter what a person may intend to do with the gun in the future, be it 15 seconds or 15 years, if they are using their own money to buy the gun, then they are the actual purchaser. Nothing can change the fact that the person who physically bought the gun, is the person who bought the gun.

    This is what happens when you let bureaucrats try to think.

    Even the ATF, in their guidelines on straw purchases, uses a fallacious reason to describe a straw purchase (for an otherwise qualified person) as a crime:

    "...the straw purchaser
    violates Federal law by making
    false statements on Form 4473 to the
    licensee with respect to the identity of
    the actual purchaser of the firearm, as
    well as the actual purchaser's residence
    address and date of birth."

    This is simply not true, because the actual purchaser is the one filling out the form, and they would use their own address and their own date of birth, not lies, hence not crimes. The only crime described by the ATF in this regard assumes that the person filling out the form is not the purchaser. Tell me how a person who is standing in front of a counter, handing over their own money is not the purchaser.

    Again, I fully believe the ATF knows they are not on strong ground, but that has never kept them from putting people in jail.

    TFred

  24. #24
    Regular Member tcmech's Avatar
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    Welcome to the board, my personal advice is to check the virginia gun trader site, and if you see a handgun you are interested in pm the seller, inform them of your situation, age, and make an offer. The worst thing that can happen is you will be told no.

    I do not know if it is legal for a 20 year old to possess a handgun where you are stationed so you will definitely want to make sure no laws are violated in that state.
    If Obama is the answer; how stupid was the question?

  25. #25
    Regular Member TFred's Avatar
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    I know this is a bit of a topic deviation... I dug out the Firearms Transaction Record portion of the Federal Law, which I've copied below. At least the first few paragraphs, after this it covers special cases, but feel free to check the source.

    Nowhere in this section does it outline any restriction on the transferee with regard to what they may or may not do with the gun, or whether they may or may not already have a plan to dispose of the gun at the time of the transfer.

    If you can find actual law that says otherwise, I would be very happy to see it.

    TFred

    Federal Firearms Regulations Reference Guide (2005)

    Starting on Page 63:

    478.124 Firearms transaction record.

    (a) A licensed importer, licensed manufacturer, or licensed
    dealer shall not sell or otherwise dispose, temporarily or
    permanently, of any firearm to any person, other than another
    licensee, unless the licensee records the transaction on a
    firearms transaction record, Form 4473: Provided, That a
    firearms transaction record, Form 4473, shall not be required
    to record the disposition made of a firearm delivered to a
    licensee for the sole purpose of repair or customizing when
    such firearm or a replacement firearm is returned to the person
    from whom received.

    (b) A licensed manufacturer, licensed importer, or licensed
    dealer shall retain in alphabetical (by name of purchaser),
    chronological (by date of disposition), or numerical (by
    transaction serial number) order, and as a part of the required
    records, each Form 4473 obtained in the course of transferring
    custody of the firearms.

    (c)

    (1) Prior to making an over-thecounter transfer of a firearm to
    a nonlicen- see who is a resident of the State in which the
    licensee's business premises is located, the licensed importer,
    licensed manufacturer, or licensed dealer so transferring the
    firearm shall obtain a Form 4473 from the transferee showing
    the transferee's name, sex, residence address (including county
    or similar political subdivision), date and place of birth;
    height, weight and race of the transferee; the transferee's
    country of citizenship; the transferee's INS-issued alien
    number or admission number; the transferee's State of
    residence; and certification by the transferee that the
    transferee is not prohibited by the Act from transporting or
    shipping a firearm in interstate or foreign commerce or
    receiving a firearm which has been shipped or transported in
    interstate or foreign commerce or possessing a firearm in or
    affecting commerce.

    (2) In order to facilitate the transfer of a firearm and enable
    NICS to verify the identity of the person acquiring the
    firearm, ATF Form 4473 also requests certain optional
    information. This information includes the transferee's social
    security number. Such information may help avoid the
    possibility of the transferee being misidentified as a felon or
    other prohibited person.

    (3) After the transferee has executed the Form 4473, the
    licensee:

    (i) Shall verify the identity of the transferee by examining
    the identification document (as defined in 478.11) presented,
    and shall note on the Form 4473 the type of identification
    used;

    (ii) Shall, in the case of a transferee who is an alien legally
    in the United States, cause the transferee to present
    documentation establishing that the transferee is a resident of
    the State (as defined in 478.11) in which the licensee's
    business premises is located, and shall note on the form the
    documentation used. Examples of acceptable documentation
    include utility bills or a lease agreement which show that the
    transferee has resided in the State continuously for at least
    90 days prior to the transfer of the firearm; and

    (iii) Must, in the case of a transferee who is a nonimmigrant
    alien who states that he or she falls within an exception to,
    or has a waiver from, the nonimmigrant alien prohibition, have
    the transferee present applicable documentation establishing
    the exception or waiver, note on the Form 4473 the type of
    documentation provided, and attach a copy of the documentation
    to the Form 4473.

    (iv) Shall comply with the requirements of 478.102 and record
    on the form the date on which the licensee contacted the NICS,
    as well as any response provided by the system, including any
    identification number provided by the system.

    (4) The licensee shall identify the firearm to be transferred
    by listing on the Form 4473 the name of the manufacturer, the
    name of the importer (if any), the type, model, caliber or
    gauge, and the serial number of the firearm.

    (5) The licensee shall sign and date the form if the licensee
    does not know or have reasonable cause to believe that the
    transferee is disqualified by law from receiving the firearm
    and transfer the firearm described on the Form 4473.

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