Handguns and FFL's

D

Drummer101

New member
My parents said they might buy me a handgun (with their money, not mine)!!

But I am under 21 but aver 18. I am legally allowed to own one in Minnesota as I am over 18.

I am wondering if there is a FFL holder on this forum that would be able to do a gift transfer. (IF EVERYTHING IS LEGAL!! I WILL NOT BREAK THE LAW OR HAVE ANY INTENTIONS TO)

All the FFL's I know of dont do this and even the stores dont even let me hold a handgun unless you are 21...

Any help would be appreciated.
 
Unless Minnesota requires it, you dont have to do a transfer. Your parents can just give you the gun.
 
But on the form you have to check the box indicating that the firearm is for you. Unless that does not apply for a gift. So I thought.

Otherwise yes, a used/NIB gun could be just given. But this is new from a store (buds most likely) and going strait to me possession.
 
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So what, your dad just says it's for him? If it's legal for your dad to give you one or his handguns, then it's not a straw purchase. What would be the difference whether it's a handgun he's owned for 5yrs or 5mins.


All the FFL's I know of dont do this
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On the other hand, if non of the FFL's will do the transfer\purchase that way, then there is something fishy about the laws in your state that you need to clear up.
 
For the FFL's I know of it is store policy even though I think it is 100% legal to to have one it is still not allowed in their eyes.

Store policy says I can't buy 357mag ammo for my lever gun even though it is legal because it is a rifle but they still would not let me.

For my parents doing it I dont want to have them do anything iffy. When filling out the forms there is a box asking is this firearm is for your possession, which is why I want it as a gift. Even though I might be able to "get away with it".
 
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It is perfectly legal for your father to purchase a handgun, and gift it to you. He can check the box that it is for him. He is actualy truthfuly awnsering that question. He is not commiting any crime provided you do not have any convictions or charges pending against you that would make it illegal for you to posses a firearm without having your 2nd amendment rights restored.
 
It is my understanding that as long as YOU do not 'chip in' any of your own money towards the purchase, that it is perfectly legal for your Father to buy the gun for himself, and then gift it to you at a later time...

'Straw Purchase' is if YOU give him any money towards the purchase...

Remember that I am not a Lawyer in your state, and that this is advice on the internet, so take it for what it is worth...
 
It is my understanding that as long as YOU do not 'chip in' any of your own money towards the purchase, that it is perfectly legal for your Father to buy the gun for himself, and then gift it to you at a later time...
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That is my understanding of the law as well. It's the transfer of money that is the critical point. Your dad pays for it, and takes it into his possession. He can then gift it to you, no problem.
 
Got it all figured out. Forgot about a pawn show I know about and spoke with them this morning and they said everything would be fine and they could even order anything I want.
 
Drummer101 said:
For the FFL's I know of it is store policy even though I think it is 100% legal to to have one it is still not allowed in their eyes.
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An FFL cannot transfer a handgun to anyone under the age of 21. If your state does not require an FFL for private party transfers (as has been stated, but I have not confirmed), then it is legal for one of your parents to purchase (using their money, as you have stipulated) a handgun and give it to you as a gift. There is no problem with their filling out the 4473 and stating that they are the actual buyer. They are -- they are buying the handgun for the purpose of giving it to you. It's no different than if they were to go to Target and buy a pair of socks to give you for your birthday. Buying a firearm for the purpose of giving it away is not a straw purchase.

But no FFL can legally transfer a gift firearm to you if you are under 21, per Federal law.
 
From the instructions on the back of the Form 4473 that a buyer must complete at a dealer when purchasing a firearm:
For purposes of this form, you are the actual buyer if you are purchasing the
firearm for yourself or otherwise acquiring the firearm for yourself (for example,
redeeming the firearm from pawn/retrieving it from consignment). You are also the
actual buyer if you are acquiring the firearm as a legitimate gift for a third party.
ACTUAL BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for
Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT
the actual buyer of the firearm and must answer “no “ to question 12a. The
licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to
buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is
the actual buyer of the firearm and should answer “yes” to question 12a.
Click to expand...
 
The other thing dealers look out for as evidence of a "straw man" purchase is a "buyer" who seems to know little about guns, while a second person looks over his shoulder saying, "I like that one" or "I want that Glock". No matter where the money comes from, most dealers will refuse to sell under those circumstances.

Jim
 
As of this year Minnesota requires a permit to purchase for handgun transfers between private parties.

Under Minnesota law, handgun transfers involve any sale, gift, loan, assignment or other delivery to another person. if you possess a valid permit to carry a handgun, that permit constitutes a permit to purchase. You don't need to apply for a separate permit to purchase.
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https://dps.mn.gov/divisions/bca/bc...ges/firearms-permit-to-purchase-transfer.aspx

Full statutes here: https://www.revisor.mn.gov/statutes/?id=624.7132

So you might have a problem no matter what.
 
I think that new law puts down the idea :(

But to note for things above. You only have to be 18 to posses a handgun in Minnesota, just can't buy one from a licensed dealer unless you are over 21.
 
Well, interestingly enough, the form to fill out for the pistol purchase permit says

Must be at least 18 years old to purchase a handgun or semiautomatic military-style assault weapons from a licensed dealer, and under federal law must be at least 21 years old to acquire handguns from licensed dealers.
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Which is kind of weird, but leads me to believe that you could apply for a permit, or fill out the transfer form for a private party transfer and get approved.

Or you could buy a black powder revolver, which requires no permit, transfer or FFL. :)
 
Try shooting black powder at Bill's ;)

And we have a family friend that almost lost a few fingers to black powder so that does not fly as well at home...
 
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