Buying a hand gun (Virginia)

[VApatriot]

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hirundo82 wrote:

§ VApatriot wrote:

My understanding is that you CAN NOT just purchase a handgun in any private sale. However, I have found nothing to make mebelieve that it would be illegal for a family member to purchase a handgun (from either a dealer or in a private sale) and then immediately sell it in a private sale to you.

What you are describing is called a "straw purchase," and is prohibited by the Gun Control Act of 1968. Read over Form 4473, in particular question 11a. Notice that it makes no exceptions for the parents of those who are prohibited from purchasing from an FFL because of their age.

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I don't believe what I described would be a "straw purchase", contrary to the Gun Control Act of 1968, or lying on the FFL form. If the family member buys the handgun with their own money, they are the purchaser. They can then do what they wish with the gun, within the constraints of the law. I do not see that selling or givinga handgun to a family member over the age of 18, who is not otherwise a prohibited person, is against the law in Virginia, so I don't seehow it could be considered a "straw purchase".

 

[hirundo82]

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But if you're buying it to immediately sell it to somebody else, then you have to lie on the question onForm 4473 that asks if you are the actual buyer of the firearm.

It might be OK by Virginia law, but I am pretty sure it is not allowed under federal law.

 

[VApatriot]

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hirundo82 wrote:

But if you're buying it to immediately sell it to somebody else, then you have to lie on the question onForm 4473 that asks if you are the actual buyer of the firearm.

It might be OK by Virginia law, but I am pretty sure it is not allowed under federal law.

I understand what you are saying and I'm not saying that you're wrong, but I think there is a gray area there. The example of who is and isn't the actual buyingin "Important Notice 1" on the form gives an example of someone whotakes money from someone else to go purchase a firearm for them as not being the actual buyer. Like I said before, oncesomeone has legally purchaseda handgun, in my opinion,they can choose to give orsell it to a family member who is not prohibited from possessing a firearm.

Anyone else's opinion of this would be greatly appreciated.

Bottom line, the Gun Control Act of 1968 is totally screwed up and should be repealed.

 

[Mike]

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VApatriot wrote:

I understand what you are saying and I'm not saying that you're wrong, but I think there is a gray area there. The example of who is and isn't the actual buyingin "Important Notice 1" on the form gives an example of someone whotakes money from someone else to go purchase a firearm for them as not being the actual buyer. Like I said before, oncesomeone has legally purchaseda handgun, in my opinion,they can choose to give orsell it to a family member who is not prohibited from possessing a firearm.

Anyone else's opinion of this would be greatly appreciated.

Bottom line, the Gun Control Act of 1968 is totally screwed up and should be repealed.

A gift is fine. But a structured transaction is probably unlawful.

Why take any risk to possibly get your parents or friends in trouble?

Tell these folks you want a XXXX handgun for Christmas and let them make it happen.

Or go to some gun shows and buy a handgun from a non-dealer in a private sale.

 

[Drake]

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Mike wrote:

VApatriot wrote:

I understand what you are saying and I'm not saying that you're wrong, but I think there is a gray area there. The example of who is and isn't the actual buyingin "Important Notice 1" on the form gives an example of someone whotakes money from someone else to go purchase a firearm for them as not being the actual buyer. Like I said before, oncesomeone has legally purchaseda handgun, in my opinion,they can choose to give orsell it to a family member who is not prohibited from possessing a firearm.

Anyone else's opinion of this would be greatly appreciated.

Bottom line, the Gun Control Act of 1968 is totally screwed up and should be repealed.

A gift is fine. But a structured transaction is probably unlawful.

Why take any risk to possibly get your parents or friends in trouble?

Tell these folks you want a XXXX handgun for Christmas and let them make it happen.

Or go to some gun shows and buy a handgun from a non-dealer in a private sale.

Its defidently going to be a gift. I think my parents are just happy I am nolonger wanting game consoles for christmas... like the PS3 (which apparently people will die over).

 

[hirundo82]

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A gift is definitely OK as long as you are over 18 and both residents of VA.

We got a little off track there, but basically it starts to get tricky if the gun changes hands again for money soon after being purchased from the FFL.

 

[vtme_grad98]

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Drake wrote:

Its defidently going to be a gift. I think my parents are just happy I am nolonger wanting game consoles for christmas... like the PS3 (which apparently people will die over).

The funny thing is that you can get a good handgun for less than the cost of a PS3. Better still, the gun won't become obsolete and ammo is cheaper than most PS3 games as well.

 

[danbus]

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Yeesh, I'm glad I told my friend it's illegalfor me to buy him a gun. He wanted me to get a Desert Eagle. He currently lives in CA.

He's over the age of 21, but I'm not sure if he has done anything to prohibit from having a firearm.

 

[hirundo82]

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danbus wrote:

Yeesh, I'm glad I told my friend it's illegalfor me to buy him a gun. He wanted me to get a Desert Eagle. He currently lives in CA.

He's over the age of 21, but I'm not sure if he has done anything to prohibit from having a firearm.

Since he lives in California, it would even be illegal to sell one to him if you owned it now. A handgun cannot be transferred to a resident of another state without going through an FFL--gifts, sales, trades,etc.

 

[rabbit994]

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That and Desert Eagle is ridiclous weapon. In most cases, due to recoil, it makes a horrible self defense weapon. That and it's too big for CC (not that he could probably get a CC permit in CA)

I imagine Desert Eagle has been ruled illegal in CA and that's why he wants you to get it for him.

 

[danbus]

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He's not to knowledgable on guns or gun laws. He has the mind set "the bigger, the better".



I did explain to him however that I don't feel like going to jail for anybody.