A Convert????

H

hube1236

New member
My mother came out to Colorado from Alabama this past Memorial Day to celebrate my 30th. While here, we went to a local sporting goods store and purchased some ammo and went to "Dragon Man's" a local range. She saw a Tomcat .32 a thought it was cute. Although a high ranking official in the USAR, she was a handgun anti. "Was" is the key phrase. Yesterday, when I got back from my camping trip- sporting my GOA T-shirt- I received a phone call asking how does one go about purchasing a HG. She travels a lot between bases in the South and home to PRNY from time to time. Although issued a 9mm through the military, she wants concealed carry.

I think that Alabama has pretty liberal purchase laws- all that is needed for purchase is a pulse and a clean history. We will explore CCW later. She felt a little nervous and that I should buy one for her. I think it is better for her to buy it due to the other state issue. What are the guidelines w/r to gifts? Are they legal? I am sure she will buy one as soon as I go to visit (I am trying to steer here away from the Tomcat, but the choice is hers), but what if in the future, I wanted to buy a gift for my wife, daughter and (hopefully soon) a son?

[This message has been edited by hube1236 (edited July 05, 2000).]
 
Whoever will end up being the user for the firearm has to fill out the 4473. It's a felony to fill out the form yourself with the intent to provide it to someone else. That's called a strawman transaction and will bring ATF down on you like a ton of bricks.
 
It was my understanding that it's ok to purchase a firearm as a gift and give it away as long as the person you are giving it to could legally have purchased it themselves. Anyone else know?
 
From Form 4473:

"Section 9a. Are you the actual buyer of the firearm indicated on this form? If you answer "no" to this question the dealer cannot transfer the firearm to you. (See Important Notice 1.)

Important Notices:
1. WARNING - The federal firearms laws require that the individual filling out this form must be buying the firearm for himself or herself or as a gift. Any individual who is not buying the firearm for himself or herself or as a gift but completes this form, violates the law. Example: 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 this form, he will violate the law. However, if Mr. Jones buys a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones may lawfully complete this form.
A licensee who knowingly delivers a firearm to an individual who is not buying the firearm for himself or herself or as a gift violates the law by maintaining a false ATF F 4473."

IMHO, since it is a handgun, I'd let the lady buy the gun herself.
 
However, if you were to buy the firearm FOR YOURSELF, then decided to "not like it" you are free to sell it to anyone you please. You could sell it to your mom for an apple pie, if you wish. BTW, I live pretty close to Dragon Man, do you?
 
Great news, hube.
Your mom can now pick and choose/cash and carry. A measure was recently passed here that killed the waiting period for handgun purchases.
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Take that gun off the streets- buy it and take it home.
 
I always interpreted Important Notice #1 as meaning that gifts were allowed.

However, the gift of a gun to someone not legally allowed to own it is still illegal. Here in IL, for instance, my dad once filled out the paperwork for a gun when I was at college so the waiting period could begin, then simply gave it to me as a gift. We and the dealer decided that was legal since the notice specifically mentions gifts as legal and since I was legally entitled to own that particular gun.
 
Just call it a loan to your Mom. You can always ask for it back, if you need it. The Imperial Gov't won't like that either, but I won't tell on you.
 
Since I just got my CCW renewed here in the Heart of Dixie....

Good news: CCW permits are very easy to obtain. Cheap and quick.

Bad news: Because this is so, just about no other State here in the Southeast grants reciprocity w/ AL.

If you want to observe the letter of the law, have Mom get a Florida permit (quite expensive, compared to AL, and requires fingerprints) to go with her AL permit. An FL permit is recognized in just about EVERY OTHER Southeastern State BUT AL. The combination of the two will give her maximum coverage.

Best regards, and I know a pawnshop here in B'ham she will be treated right at if you can persuade her to go. My cousins, actually. If she needs someone to go with her, drop me a line.
 
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