question about firearm as a gift

C

Cuz

New member
If I give someone a firearm as a gift, should I consider asking that person for some type of bill of sale? What about when filling out the yellow form, I know there is a question about it being for someone else, does this stop you from passing the nics check if the answer is yes? The reason I ask is that I found a nice lil 22 rifle that my brother in law wants, but he lives out of town and wants me to purchase it for him....any suggestions?

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"What is steel to the hand that weilds it?" James Earl Jones
 
Legally, you would be commiting fraud when you filled out "the form" if you answer that the gun if for your use. If you tell the truth (that it is for someone else) the dealer can't sell it to you .... your call ....
 
I believe you can legally give a long gun to a relative. At least here in PA. you can. But I believe it must be a blood relative.

Happy Holidays and Happy Shooting :)

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Help Stamp Out Gun Ignorance.
 
The question is 9a on the ATF form 4473and the "See inportant notice 1" reads

"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 who completes this form, violates the law. Example: Mr. Smith ask 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."
 
Now wait a minuet. When I bought my husband's gun/Christmas present, the dealer specifically told me that he didn't care what I did with it after I bought it. As long as I passed the background check and gave them my money the gun was mine to do with what I please. I'm very confused sense I was sure rifles didn't need a background check in the first place. Especially a .22! Anybody shed some light on this for me?

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Gun control isnt about guns, Its about control.
 
Tank Girl,

As of several months ago, a background check became required for all rifles and shotguns (except those that qualify as relics).

As for your dealer, kudos to him. It's not his job to enforce the law, and if it's not your intention to violently break it he has no further obligation beyond the background check.

It would seem to me to be his way of spitting in clinton's face.

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John/az

"The middle of the road between the extremes of good and evil, is evil. When freedom is at stake, your silence is not golden, it's yellow..." RKBA!

[This message has been edited by John/az2 (edited December 26, 1999).]
 
When in Doubt... By the gun for yourself.
then once you get home:
"You know... I dont think this gun really sits well with me. I cant take it back... Hmmm selling it isnt an option... I know! I can give it to Joe Snuffy! He could use it!"

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"A fear of weapons is a sign of retarded sexual and emotional maturity." - Sigmund Freud
 
thanks for your help everyone, i bought the rifle, then realized that i didnt like it as much as i thought i would, and since it was x-mas i decided to give it to my brother in law as a present..with one catch, i got a bill of sale...Cuz
 
Tank Girl... as it states in the post.... buy it yourself.... not for someone else.... but it is perfectly legal to give as a gift....I believe that you did OK by buying it yourself and giving it as a present....the problem seems to be when you use someone ELSES funds to purchase it for SOMEONE ELSE that the feds have a problem....(something about being a straw dealer or some such & then visions of Columbine start dancing in a feds head somewhere)... in my county.. only the handguns are doublely restricted (cannot give/lend/allow to borrow/will to nor possess a handgun unless that person gets a permit first).... but longguns are OK. Since I posted only what is on the form as it relates to the feds....BTW ...If you have not seen the back of the form... I suggest you read it....

Happy new year....(to all)
 
Funny. I bought Four shotguns for Christams at Wal-Mart, all at the same time. I stood there while it was called in to the Feds.I was approved. My point is: 1. It's Christmas time. 2. I bought 4 shotguns at one time.3. three of them are the same(12g) one 20g, all mossberg's
4. It's funny.
You think the BATF is on the way?!!!!!!!!!!!
 
Thanks for the answers to my question, and CHEMNCO917 I was a bit too frustrated at the time to care what I was signing. I tend to have that problem, and sense I doubt I'll be going back to a dealer for quite some time I'll probably never know. So what part of my rights did I sign away this time? (sigh) =0(

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Gun control isnt about guns, Its about control.
 
Yeah... any time a dealer starts trying to snow you.... get help from a different dealer... and possibly another friend who has been down that road before......I am not sure anymore what we are signing away,,, but they do have the model,make,caliber and other info on the form now..... that was one of the major changes that came about last Oct......
 
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