You can't give a gun as a gift!

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Uncle Buck

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My sister wanted to get a new shotgun for my nephew, her son. It was supposed to be a surprise gift for his birthday this weekend.

She called Bass Pro and they told her she could not give it as a gift, her son would have to buy it, so it would be registered in his name.

As far as I know, the law has not changed. You can still give a gun as a gift. Also, there is no gun registration.

I hate Bass Pro more and more. Every time I hear stuff like this, it just re-enforces the reason not to shop there.
 
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chasep255

New member
I agree. Go to a real gun shop. If this was NJ or another crappy state you may have issues but seeing as you live in Missouri it should be no problem.
 
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Uncle Buck

New member
Cajun, you are so right. Big difference between a gun store and a store that sells guns.

Like I said, I refuse to shop there at all.
 
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45Gunner

New member
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.

You can buy the gun for yourself. Decide you don't like it. And then sell it to someone else for $1.00. Make sure you have a bill of sale to CYA.
 
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AK103K

New member
Parents and grandparents, husbands and wives, etc, under federal law, "can" give a gun to an immediate family member as a gift. Its not a straw purchase.
 
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CajunBass

New member
There is no law that stops anyone from buying a gun and gifting it. That is not a straw pruchase. A lot of people, yourself included, think it is, but it is simply not true.

From the ATF "Frequently asked questions"

Q: 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 generally 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.
Click to expand...

That of course only covers juveniles, but the same applies to anyone else who legally may possess a firearm (local laws may varry).

We won't even talk about the "registration" talk, since in most places there is no "registration" required. It's a (blanking) shame that a store that sells guns would tell people that there is.
 
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egor20

New member
Well I'm in deep doo doo, as I've purchased my wife's last two guns for her B'day presents.

(awaiting for BATFE to knock down the door any time now)




(sarcasm alert off)
 
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hogdogs

Staff In Memoriam
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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EPIC FAIL!!!
Anyone legit to buy can buy with gift as intention for ANYONE legal to own...

A straw purchase is if you are buying to give to a forbidden person or if a forbidden person hands you money to buy for them...

Brent
 
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Don H

New member
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 absolutely incorrect. From the back of BATF Form 4473:
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...
 
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TXGunNut

New member
A straw purchase is if you are buying to give to a forbidden person or if a forbidden person hands you money to buy for them...Hogdogs


Thanks Brent, saved me some keystrokes. I like Bass Pro but have never bought a firearm there. It's hard to find good help anymore, retail gun sales is no exception.
 
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Aguila Blanca

Staff
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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Wrong ... wrong ... wrong.

There is a big difference between purchasing a firearm to be given as a gift, and a straw purchase. Gifts are completely legal (at least, under Federal law). There may be state laws pertaining to private transfers that might affect gifts, since gifts ARE transfers.
 
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brickeyee

New member
A straw purchase is if you are buying to give to a forbidden person or if a forbidden person hands you money to buy for them
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A straw purchase has nothing to do with a "forbidden person."

The charge is created by lying on the 4473 about if you are the actual purchaser.

You ARE the actual purchaser if you use YOUR money and then GIVE the gun as a gift.
This is also covered on the back of the 4473,

If you use someone else's money to purchase a gun and then give it to them, you have violated the law (perjury in answering the question on the 4473)E
Their ability to make the purchase DOES NOT MATTER.

It would be a separate charge if you transferred a gun to a prohibited person.
 
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Frank Ettin

Administrator
Under federal law, one may indeed buy a gun as a bona fide gift. It's possible that complications may exist under state law.

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.

And of course, if I buy a gun as a gift for someone who lives in a different State, under federal law, the gun will need to be transferred through an FFL (and one in the recipient's home State if it's a handgun).
 
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tired-medic

New member
Maybe I am showing my ignorance.

I seem to recall an explanation that I think used to be on the form.
A straw purchase is when you knowingly purchase a firearm for a person who cannot legally purchase or possess a firearm. Kinda like the underage kids wanting an adult to buy them beer or cigarettes.
Just the way I understand the law.
 
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PoorRichRichard

New member
Basspro shop for guns = no bueno! They are ALWAYS way overpriced for guns /gun equipment. Went to a reloading seminar at my local Souther California BPS, and the guy who was running the seminar (a BPS gun counter employee) told use to buy our equipment elsewhere.

Here in California, you need to do some paperwork with an FFL and pay the State 35$ when transferring a firearm, EXCEPT from parents to children and visa versa.
 
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Frank Ettin

Administrator
tired-medic said:
I seem to recall an explanation that I think used to be on the form.
A straw purchase is when you knowingly purchase a firearm for a person who cannot legally purchase or possess a firearm. .....Just the way I understand the law.
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I'm sorry, but you don't understand the law correctly. See post 10.

In the case of buying a gun, the actual violation usually called a "straw purchase" is actually making a false statement on the Form 4473. If A asked B to buy a gun on his behalf, and he [A] will reimburse him , B will be making a false statement on the 4473 if he claims to be the actual purchaser. And in the eyes of ATF that will be an illegal straw purchase, even if A is not a prohibited person and could have legally bought the gun himself.
 
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Crazy88Fingers

New member
As has been stated, you can give a gun as a gift in most states.

On another somewhat related note: Do all Bass Pro Shops keep trigger locks on their guns? Or just the one near me?

I've been in there a few times looking at guns and have decided to buy elsewhere for plenty of reasons. One of them being that they have those dang locks on all the guns and you can't test them.
 
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