Is this a " Straw Purchase" ?

P

parlorshark

New member
My son has a birthday coming next week and I was thinking of buying him a new 20gauge shotgun for a present . Hes going to be 13 , has compleated a hunter safety course and has been shooting a 22lr and a 410 for a couple of years now . However when I mentioned it at my gunclub it caused a arguement on the straw purchase issue . Some of the guys ar LEOs and while they all think he is responsible enough , 1 guy thinks because its a gift for someone other than myself its a straw purchase , another guy thinks because its mine till he's 18 in five years that it is'nt a straw purchase . What do you think ?
 
I believe that this differs from state to state. IIRC, in ID a parent may legally buy a firearm for their child. But I am pretty sure that this case is not a straw purchase by any law, seeing as you are paying for the gun with your own money, and are freely giving it to him (so far without his knowledge).
 
It 's NOT a "straw purchase" because

HE is not initiating the purchase, providing funds for the purchase or otherwise orchestrating the purchase. It's YOUR purchase of a gift for him.

Check w/your state law as to when he is legally able to take possession of it.

NOTE: This forum HAS a Legal & Political thread, which is where this question belongs. Also see www.packing.org
 
I'm not a legal expert, nor will I play one on a mb, but if the construct is: You are purchasing a shotgun. When he is of legal age you may gift it to him. I don't see the problem. Local laws may say diff'r'nt.
 
Purchasing a gift for a relative who is not a prohibited person is not a straw purchase. Granted, he can not use the gun on his own but if he is not prohibited otherwise that's a legit purchase.

Even if he was 18 and could own it, so long as he is not legally prohibited, that wouldn't be a straw purchase either.

The concept of the straw purchase is based on purchasing for another person or person(s) who would not be able to pass the NICS on the 4473.
 
What do you think ?
Click to expand...
What I think doesn't matter. What your shooting buddies think doesn't matter. What the local LEOs think doesn't matter. What the BATF thinks matters.

(B15) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?

Yes. However, possession of handguns by juveniles (less than 18 years of age) is generally unlawful. Juveniles may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e. g., employment, ranching, farming, target practice or hunting. [18 U. S. C. 922( x)]

BATF FAQ
 
XB, being more observant than I tonight :D is correct. It's a gift and it's legal (but please see your state laws, it may differ. But with the feds, it's legal).

Good luck and what a lucky kid :).

Wayne
 
You are right XavierBreath , what we think does'nt matter . So I had my gun dealer look it up . He said it was ok so I bought it today , a Benelli Nova 20gauge pump , $309.59 out the door with a box of shells . He gets it next week , hope he likes it .
 
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