So apparently it's a no no. I was going to buy a rifle for my employee for christmas. Figured I'd go down to my local shop and pay for it, then make up a reason to send him down (pick up some mags for me) and when he got there have them hand him the background form to fill out and when he was done hand him the rifle. He has a CC permit. Shop said no can do. I don't want to buy a gun in my name and give it to someone for obvious reasons. Other than buying a gift card from Bass pro, how do you do something like this w/o putting yourself out there.
Used to be common when I was a kid. I'll take a M&P 9 pro if you're buying. or a bodyguard 38 if money is tight.
If both parties can legally purchase/own I don't get the issue. If I buy it, do the background check, then gift it to someone through a licensed dealer who in turn does a background check on the recipient, is that OK.
I don't get this. Imo, sounds like the shop was being silly. You could legally buy the gun (in my state) and give it to him as a gift, as long as he could legally own it. (as far as I know, but it was this way in the past) A straw purchase is when someone else gives you money (this is the key point), you buy the gun in your name, and then give it to them. Paying for the gun, and then having the paperwork done by the giftee is a step above, and makes good sense. Sounds like the shop you went to likes to keep it really simple.
That's what I thought. They said the purchaser must be the one taking possession of it. I recently used them for a transfer so they know I can pass the check . Maybe I should go see them instead of asking this stuff over the phone.
I know that would work but if the dipshit didn't go buy the rifle I've had to here about for 3 months I'd be pissed.
Man, you killed part of my childhood with this shit. IF I owned any guns (those things are dangerous, will kill you in your sleep and will cause global cooling like KX500s, Diesel jettas and crazy girlfriends) about 3/4rds were received as gifts from my dad, uncles, cousins, woodpile relations, friends and all that shit. Shit, the valedictorian of my high school got a shotgun as a prize along with some bucks towards kollege.
All of the old fellars at the gun club talk about how they used to take their shotguns to school and store them in their lockers until school was over, and then go hunting.
I sent a text to my Pops telling him he was a Felon for giving me guns and he text back to fuck off. How do you win a gun at a turkey shoot or in a raffle with this straw law.
I see no issue with what you describe. The person who will take possession of the gun is doing the background check, where the money comes from to pay for the purchase is irrelevant. The only current legal way gift a gun nowadays (to the best of my knowledge) without an FFL transfer and background check is to do it within a family.
Id say its state to state. Here in PA you can legally sell anyone(who can legally own/purchase) a long gun privately. Handguns and NFA has to go through a FFL. The catch is you have to know/trust that the person isn't a felon and/or isn't the middle man for a straw purchase. A lot of people find trust in a carry license but you're obviously still taking a risk should something happen.
How its been explained to me is that you would need to buy it, take possession and then give it to him like you would a private sale. Getting the store involved could be considered a straw purchase. Same thing happens in the car business all the time.
When I was in school we definitely had them out in the cars/trucks if we went hunting before or after school.
At my school guys just left them in the rack in the truck. Hell, we took the Hunters Safety course in jr High at school. Complete with guns. In class. The coach trapped a raccoon, brought it to school along with his Bluetick and let us watch the dog tree it. He didn't shoot it unfortunately. We got short changed.
As I think about it, what I stated earlier applies to class 3 weapons that were grandfathered before the tax stamp. So yes, you gan gift a weapon to anyone that is legal to do so.