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Your first paragraph is spot on. However, the law is a bit F'ed up. You can give a gun as a gift, legally. And buy it with the intent to do so. However, you run into trouble if the other person gives you money for the gun, EVEN IF THEY ARE LEGALLY ABLE TO OWN ONE. So if your wife asks you to pick up a gun for her and gives you money for the purchase-you have committed a federal felony if you buy it for her. If however you buy it with your money and give it to her as a gift, it's perfectly legal.
I believe their is a husband/wife exemption in the law. Not 100% sure.
I believe their is a husband/wife exemption in the law. Not 100% sure.
I don't believe so, but could be wrong. I'd appreciate clarification.
Smoke weed and go buy a gun? Nope, not happening. One question on the 4473 asks about illegal drug use. Lie on it? Federal felony. Pot is still illegal at the federal level, regardless of what some states say. Sell a gun to someone you know smokes pot? You sold to a "prohibited person" and committed a federal felony. Funny how reporters ignore little facts like that, isn't it? Now, it would be a real interesting scene if that reporter's co-worker spoke up and said they got stoned last weekend....
I don't believe so, but could be wrong. I'd appreciate clarification.
Smoke weed and go buy a gun? Nope, not happening. One question on the 4473 asks about illegal drug use. Lie on it? Federal felony. Pot is still illegal at the federal level, regardless of what some states say. Sell a gun to someone you know smokes pot? You sold to a "prohibited person" and committed a federal felony. Funny how reporters ignore little facts like that, isn't it? Now, it would be a real interesting scene if that reporter's co-worker spoke up and said they got stoned last weekend....
Many of the national media organizations use to give drug tests to their employees (especially anyone who drove or were engineers) on a random basis. Not sure if they still do today.
I don't believe so, but could be wrong. I'd appreciate clarification.
Smoke weed and go buy a gun? Nope, not happening. One question on the 4473 asks about illegal drug use. Lie on it? Federal felony. Pot is still illegal at the federal level, regardless of what some states say. Sell a gun to someone you know smokes pot? You sold to a "prohibited person" and committed a federal felony. Funny how reporters ignore little facts like that, isn't it? Now, it would be a real interesting scene if that reporter's co-worker spoke up and said they got stoned last weekend....
I think in the husband/wife, as long as neither are 'prohibited persons' it would not be considered a straw sale.
I don't think we have any 'real' lawyers here, so it may not get a accurate response.
"CBS News' Paula Reid purchased an AR-15 for a news segment that aired Thursday on CBS This Morning — and is now being accused of breaking federal law. According to the gun store's general manager, Reid said the rifle was for her own use, but when CBS reported on the story, it revealed she had later given the gun to a third party.
Reid was operating undercover in Alexandria, Virginia, to demonstrate how easy it is to purchase an AR-15. The gun store, SpecDive, contacted the Bureau of Alcohol, Tobacco, Firearms, and Explosives afterward to express concern over a possible straw purchase; the ATF confirmed it knew about the purchase, but did not say if it was conducting an investigation.
"The law is very clear. When you knowingly attempt to purchase a firearm with the intent of giving it to another person, you are trying to bypass the legal pathway to firearms ownership. This, in itself, is a very serious crime. I do not see how any member of the press can get away with potentially committing a felony just to boost their ratings and mislead the general public," SpecDive owner Jerry Rapp"
I hope she's charged with a felony!
"Reid said the rifle was for her own use,"
She DID use it for her OWN use. " purchased an AR-15 for a news segment" THAT was her "use"
"she had later given the gun to a third party." AFTER SHE USED IT FOR WHAT SHE BOUGHT IT FOR.
""The law is very clear. When you knowingly attempt to purchase a firearm with the intent of giving it to another person,"
I don"t THINK that is going to stand.
She used it for the purpose she bought it.
AFTER she used it for the intended purpose of why she bought it, she no longer needed it so she gave it away.
I tink your are going to be disappointed with the outcome.
The point about the 'ease' is, with no criminal record, the atf check doesn't take that long. It shouldn't. Should a person who passes the atf check have to wait for hours?
Who you give it to doesn't matter. It is against the law to purchase a gun with the intent on giving it to another person even if they are legally able to buy a gun.
The law is clear in that it must show intent. How they gonna prove it was her intent? Dealer going to confirm they had prior discussion? Her employer going to confirm they discussed it with intent.
In all definitions of the law as it's applied that I can find, it includes the condition that the person receiving the firearm second hand is unable to purchase the firearm hin/herself by not fulfilling the required conditions of background check etc., thereby creating the intent to perform an illegal act by knowingly purchasing a firearm for someone unable to purchase one themselves eg: https://www.nssf.org/factsheets/PDF/strawPurchase.pdf
Are all "gifts" of firearms similarly adjudicated?
REGARDLESS if they charge her; she proved her point!
Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a “straw purchaser” (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee’s business premises is located.
Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.
In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser’s residence address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee’s business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms from the licensee.
An example of an illegal straw purchase is as follows: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. If Mr. Jones fills out Form 4473, he violates the law by falsely stating that he is the actual buyer of the firearm. Mr. Smith also violates the law because he has unlawfully aided and abetted or caused the making of false statements on the form.
Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above example, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473.
The use of gift certificates would also not fall within the category of straw purchases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealer’s records.
From above.
"Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser.There is no straw purchaser in these instances.
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