You can't give a gun as a gift!

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You should have asked the clerk if he had the BATF Form turned it to the instructions and had him read it. If he still refused to make the sale go to another store. Then go online and send the corporate office a nice e-mail explaining how they missed out on a sale of $XXX.XX because the store personnel could not read and understand the instructions on the form.
 
With all due respect, some of you guys just don't get the big picture.

You are a gun store owner, say Bass Pro Shop. You derive a good percentage of your income from gun sales. Someone comes in and says they want to buy a gun as a gift. You deny them the sale as you cannot verify who the gun is going to. Yes, you are respectable looking and honest as the day is long but do they know that?

While it is legal to gift a gun, the store has no way of determining that it is going to your nephew, your son, or the gang banger down the street with a criminal rap sheet as long as your arm and has just given you a $1000 to buy him a gun.

This is the entire purpose of the "Straw Purchase" provision.

Why would any gun shop owner sell a gun to anyone other than the person that wants the gun and risk their FFL license, fines, and possible imprisonment. Put yourself in their shoes.

Some of you get too wrapped around the axle picking things apart. Relax....life is short.
 
45Gunner,

The point that folks are making is that you made a factually incorrect statement:
45Gunner said:
The problem lies not with the store but with the Federal Gun Laws. Under current law, you cannot purchase a gun with the intention of giving it to someone else. This is known as a "straw purchase" and is forbidden by Federal Law.
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This is not true. This is not federal law. If a store chooses to not allow a gun to be bought as a gift, then it's the store's policy, not a federal law, that precludes the purchase; a vast difference. It's the store's choice, not a federal legal prohibition.
 
Why would any gun shop owner sell a gun to anyone other than the person that wants the gun and risk their FFL license, fines, and possible imprisonment. Put yourself in their shoes.
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That's certainly the way this shop is thinking. It's not the way I think.

If someone's telling me up front that a sporting shotgun or a target rifle is a gift for a family member, chances are very good that it's not a straw purchase. Someone doing a straw buy (except for some truly inept attempts I've seen) is going to do their best to hide the fact that the gun isn't for them.

Heck, every 4473 I sign could potentially be a straw purchase. Am I going to give myself an ulcer over it? No. I'm going to make sure I'm making reasonable efforts to stop the ones I suspect, but one will surely get by sooner or later.

I had one woman who took up two hours to select a gun. She was all panicky about self defense from some guy who she claimed was looking at her funny in a parking lot, and after going over every conceivable option, she settled on one. Six months later, the gun was traced after being found in the car of a felon 1500 miles away. The felon in question was a drug dealer who'd been working with her husband. I'd have never seen that one coming.

Another case involved a convicted felon who'd fudged the background check system and gotten into law enforcement. Not wanting to try his luck twice, he had his wife do the paperwork on a couple of purchases. Although he assisted, she was definitely involved in the selection process, so we had no reason to suspect.

I've certainly put the stop to more than a few. Usually, they're pretty obvious, and I make it clear that I will report and assist in prosecution if I ever see them again. Sooner or later, word gets out that you're not an easy mark for that, and the problem largely goes away.
 
Geez, go in and buy the gun. Gift it to the kid and get on with life. I have given guns to a few family members in my time. Non issue.

Now if my son who is 9 now wants a certain gun, I see nothing wrong with me going dowen and buying the thing, hide it and wrap it up for a Christmas gift. Why buy something he may not want?

Just too much Govt involvement here. I say make me imperial leader of the world and I promise I will make it easier to buy a gun.

On the other hand, mis use it and you lose the hand that held it. Only get 2 chances there......

Bass Pro is way over priced on everything. I dont buy there, Cabelas is just across the river after all, Mo valley has a great gun shop. No reason to go to bass pro here.....
 
Too lazy to read most of the above, but why can't she just make the purchase herself then write up a bill of sale for either "gift" or $1 as the price.

If you do "gift" you may have to deal with gift tax
 
On another somewhat related note: Do all Bass Pro Shops keep trigger locks on their guns? Or just the one near me?
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All of them do.

Also worth noting:

1. Your dealing with people who make $8-10 per hour. They have no actual qualifications. Some of them are experienced and have read into the finer details. Many have not. It also has alot to do with the individual GM of the store and what he/she expects from the floor associates.

2. You wouldn't believe the absolute, 0 IQ, morons that come to the gun counter at BPS. The kind of guys who will pick up a .22 pistol and dry fire it 6 times, then ask to hold the AR and point it at their buddy on the other end of the counter.

3. While Im not assuming the OP was rude, just a good general lesson: Youll catch more flies with honey than vinegar. Retail associates rarely make commission. Alot of the time (not all) if your respectful and appreciative of their services, they will do everything they can to help you. They might tell you that BPS has a policy to price match any brick and mortar store price. Or that they can often knock 10% off display items. And vice versa. If you walk in and cop them an attitude off the bat, they really don't have any motivation to help you get what you need. They can't get written up for being stupid. And your frustration can be entertaining if your being a jerk.
 
basspro did allow me to return a used gun though like 3 days later.

"but Sir I have already shot it and you know I'll be hassled if I bring it back."

worker: "Who is to say you'e shot it and I have no idea who you are. That's what I would do if that BS happened to me." END QUOTE

he was right about that:D
 
You are a gun store owner, say Bass Pro Shop. You derive a good percentage of your income from gun sales. Someone comes in and says they want to buy a gun as a gift. You deny them the sale as you cannot verify who the gun is going to. Yes, you are respectable looking and honest as the day is long but do they know that?
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So how do you know that every person that comes in making a legal purchase and is not making a straw purchase? you don't......

If you use that logic then you should not sell guns to anybody.

That is the job of the BATF to investigate if it is an illegal sale.

I used to have a FFL and sell guns. If a guy came in and told me he was buying a gun as a gift and marks himself as the seller and passes the background check its not my job to play detective.

I have done all that is asked of me under the law.

Now if two people come in and one guy is looking at the gun and the other guy fills out the ATF Forms I might tend to get suspicious and make a call to the ATF. Or if a guy is talking about his brother wants this gun I may tell him to bring his brother back to buy it.
 
You can also try

the Academy Sport + Outdoor stores. They sell guns and have friendly staff. Not as big as Bass Pro, but a decent alternative!
 
Uncle Buck is the bronze statue just at the entrance to the Springfield store, the statue holding a bass. They use his image and name on some products. I know the guy who did the sculpture and cast the thing (he made 2 really). Every time I pass that darned thing I remember that art professor, who I didn't like much anyhow. He was my wife's adviser as well.

I don't buy much gun stuff there, although I do get other outdoors stuff there fairly frequently.
 
WOW, I did not know that so many people did not know the difference between a straw purchase and a gift.

My wife has purchased me a couple of different guns for our anniversary, birthdays, a surprise and generally because I am so darn good looking. :)

I have purchased guns for others as a gift. Graduation from high school usually. I am planning on purchasing handguns for my nephews when they turn 21 and complete their concealed carry classes.

I guess I should not be so surprised because the laws can be confusing.


As much as I dislike Bass Pro, I am going to have to swing by the store in Springfield next time I am down that way and get a picture of myself standing in front of Uncle Buck.
 
The Taurus Ninja

Let's see if i got this right:

If you are purchasing a gun, a model a friend has previously said he likes, and plan to offer it to him for sale later in the day - not a straw purchase. Of course during the resale you will comply with any applicable state law for transferring a handgun. Heck, he may not buy it. Maybe you sell it to someone else. In otherr words, it is legal to buy a gun with the intent to resell it, all other things being legal.

Same gun - purchased for your friend after that phone call and he says "do it - i'll pay you tonight" - straw purchase, if you claim on the 4473 you're the actual purchaser. What a fine line that is. Of course, if you indicate he is the actual buyer on the 4473, you have a world of trouble headed your way.

Same gun, purchased as a gift for your friend. (Will you be my friend too?) Not a straw purchase. Of course you will comply with any state law for transferring a handgun.

Same gun purchased with money given you by your friend - straw purchase, even if all else is perfectly legal.

boyoboy. In every case, you buy the gun and your friend ends up with it and both of you are legal to own it. The Straw Buyer regulations are tough, but they were not created for situations where two legal purchasers follow one of the above paths to ownership. Still, the defining line is fairly clear. It's all in the intent.

And some people say we need more gun laws...

Better to buy from BudsGunShop online and don't say a word to your FFL other than thank you.
 
21 years ago my dad and my girlfriend went halves on getting me a Colt Mustang for my bday. She bought it with her FOID and some of my dad's money, and on my bday she gave me the gun and wrote down the serial # of the piece and my FOID #. And that was that! I did the exact same thing for my current girlfriend a few weeks ago. I just hope I don't lose that piece of paper over the next 10 years! LOL! There are provisions for legally transferring firearms, without registering or selling, even in the dread kingdom of CookIllinois....
 
Most big department type stores that sell firearms don't have many knowledgeable staff members where laws are concerned.

I stopped going into Bass Pro when they refused to let me try out a new rod and reel in the fish tank before I bought it! :p
 
If you are purchasing a gun, a model a friend has previously said he likes, and plan to offer it to him for sale later in the day - not a straw purchase.
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You'd be better off calling him about the deal, having the seller hold it and then letting him come in and purchase it himself.

While it's not against the law to buy a firearm with the express intent to resell it, if you do it often enough you could be charged with dealing firearms without a license.
 
Don H post #10 answers the question of the OP.

"You are also the actual buyer if you are acquiring the firearm as a legitimate gift for a third party." from Form 4473

Seems you can give a gun as a gift (so long as giving the gift is not a violation of some law), but you are in a dark grey area if you buy a gun with the intent to sell it in the near future.

What do you call it when a government creates so many laws and regulations that it becomes impossible to go thought a month or a week without violating one or more?
The present?
 
So, of example, even though I may buy a gun as a gift for someone, if we are both residents of California, the gift gun must be transferred to him through an FFL. That's how private transfers must be handled in California. I don't know what State the OP's sister lives in, but there may be some hoops to jump through in that State.
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Does this apply to all guns, or only handguns ?
 
Hook686 said:
So, of example, even though I may buy a gun as a gift for someone, if we are both residents of California, the gift gun must be transferred to him through an FFL. That's how private transfers must be handled in California. I don't know what State the OP's sister lives in, but there may be some hoops to jump through in that State.
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Does this apply to all guns, or only handguns ?
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All guns (except registered assault weapons, which may not be transferred to a person within California), but it doesn't apply to intrafamilial transfers (i. e., between parent/grandparent and child/grandchild only -- siblings and other relatives don't count). And in the case of any intrafamilial transfer of a handgun, the transferee must have his/her Handgun Safety Card and must submit a Report of Operation of Law or Intra-Familial Handgun Transaction and $19 fee to the DOJ within 30 days.
 
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