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Legality of my wife picking up a gun for me

Posted on 9/17/13 at 5:44 pm
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 9/17/13 at 5:44 pm
My wife has to go out of town tomorrow for work. I've been needing to go pick up a shotgun that I can only find for a reasonable price where she has to go. I know I can just get her to buy it and give it to me, but technically I don't think that's exactly legal. She has no idea what she's doing and wants to be able to hand the phone over to them and me tell them what I want. Would that be considered them knowingly selling a gun to someone who is goig to be giving it to someone else, or am I overthinking it? Can you buy a gun for someone as a gift? I can't make it to pick it up until the weekend and I'd really like to have it for Saturday morning.
Posted by LSUbroker
Member since Oct 2008
1610 posts
Posted on 9/17/13 at 5:49 pm to
It's not that hard and it's not like you are going on a killing spree with that shotgun.

They will walk her through it.
Posted by dawg23
Baton Rouge, La
Member since Jul 2011
5065 posts
Posted on 9/17/13 at 6:21 pm to
quote:

She has no idea what she's doing and wants to be able to hand the phone over to them and me tell them what I want. Would that be considered them knowingly selling a gun to someone who is goig to be giving it to someone else,


They won't//shouldn't sell her the gun under those circumstances.

Most dealers will refuse to sell if she's asking those questions over the phone. I've heard stories (maybe internet myths) of ATF agents "testing" dealers by pretending to buy for a third party. Most dealers are very cautious about htis type of transaction.
This post was edited on 9/18/13 at 6:24 pm
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
67625 posts
Posted on 9/17/13 at 6:28 pm to
She can buy you a gift firearm no problem but if she hands them the phone then they are going to think straw purchase.

I was buying a rifle for my nephew one time, his dad wrote down the make and model he wanted.

I pulled out the paper to give them particulars and they would not sell it to me for the same reason. They thought that the paper was someone else's "order".
Posted by LSUFan3434
Iowa, LA
Member since Sep 2006
15964 posts
Posted on 9/17/13 at 6:52 pm to
she's buying herself a gun. happens every day. tell her to go in and act like it's for her, but make sure she knows exactly what to ask for
Posted by NewtonD
Louisiana
Member since Aug 2012
41 posts
Posted on 9/17/13 at 7:37 pm to
If the order isn't too complicated and you and your wife text, you could text her the shorthand notes of what you want her to buy, then she can safely review that in the store before approaching the counter. No one would think twice about somebody looking at their phone. If she gets confused, she can just pull a "let me walk around and think about it" or a "let me check my budget real quick to make sure I'm not spending our light bill", walk away from prying eyes, and innocently check the notes.
Posted by MoreOrLes
Member since Nov 2008
19472 posts
Posted on 9/17/13 at 7:46 pm to
My dad wanted to give me the money so that i could buy a Ruger 10/22. He wanted me to have it as a gift.

At the gunshow, one guy at a booth saw my dad hand me the money /cash.

He wouldnt sell me the gun. In fact he followed 2 booths away and tried to get the guy not to sell me a 10/22 either.

I got the gun and thought the whole straw purchase thing was retarded. I mean my Dad was in a wheel chair and i was 40 years old.
This post was edited on 9/17/13 at 7:48 pm
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 9/17/13 at 8:30 pm to
She knows what I want by now. I've quizzed her. Only problem I see is that she is a very girly girl. It's going to look odd having her walk in a ramble off that she want a 12 Gauge in max 4 camo when she's wearing heels carrying a designer purse It may raise some eyebrows.
Posted by HebertFest08
The Coast
Member since Aug 2008
6392 posts
Posted on 9/17/13 at 8:54 pm to
Buying someone a gift isn't a straw purchase. If she wants to buy you a gun then there shouldn't be a problem. Its when all the extra shite starts to happen that looks fishy.
Posted by xenon16
Metry Brah
Member since Sep 2008
3528 posts
Posted on 9/18/13 at 1:26 am to
quote:

Buying someone a gift isn't a straw purchase. If she wants to buy you a gun then there shouldn't be a problem.
this

Separate thought: I don't know how it works for ATF purposes, but several federal laws rely on state law. LA law says that the gun she buys is half yours anyway via community property and so is the money being used to buy it.

Maybe someone here with a big collection and an ex-wife can chime in
This post was edited on 9/18/13 at 1:28 am
Posted by AHouseDivided
Member since Oct 2011
6532 posts
Posted on 9/18/13 at 1:55 am to
quote:

Maybe someone here with a big collection and an ex-wife can chime in


I have a small collection and a practice wife.

I would find it very sexy though if Mrs House bought me a gun.


Aside from that ... I have nothing to contribute.
Posted by Nodust
Member since Aug 2010
22630 posts
Posted on 9/18/13 at 5:00 am to
quote:

the gun she buys is half yours anyway via community property and so is the money being used to buy it.

Wait a minute, I am supposed to get half the money instead of 5% like she thinks
Posted by bapple
Capital City
Member since Oct 2010
11875 posts
Posted on 9/18/13 at 6:49 am to
quote:

Only problem I see is that she is a very girly girl. It's going to look odd having her walk in a ramble off that she want a 12 Gauge in max 4 camo when she's wearing heels carrying a designer purse It may raise some eyebrows.



It shouldn't matter what she looks like. This is America and if she is of age and has a clean criminal record, she should be able to buy a shotgun.

Just make sure she knows what she's looking for and you should be good to go.
Posted by Chris4x4gill2
North Alabama
Member since Nov 2008
3092 posts
Posted on 9/18/13 at 7:18 am to
Its perfectly legal for her to buy the gun for you as a "gift".

The only problem would be if you couldnt legally purchase the gun on your own.
Posted by MWP
Kingwood, TX via Monroe, LA
Member since Jul 2013
10397 posts
Posted on 9/18/13 at 7:29 am to
quote:

Can you buy a gun for someone as a gift?


No problem on shotguns. I just bought a shotgun at Simmons in Bastrop for my boss here in Houston. My boss wanted a Benelli 28 Gauge for the dove opener here on Friday. Called around and nobody had one in stock so I gave Jeff a shout. He had one on the shelf and $200 less than Gander, which would have had to order. My dad was in town so I asked him to go buy it.

The thing is, they did the background check on my dad so in this case, it would be on your wife. When he brought it to Houston, we did a Bill of Sale but you wouldn't need this.
Posted by El Josey Wales
Greater Geismar
Member since Nov 2007
22710 posts
Posted on 9/18/13 at 7:30 am to
quote:

Its perfectly legal for her to buy the gun for you as a "gift".

The only problem would be if you couldnt legally purchase the gun on your own.


This
Posted by KG6
Member since Aug 2009
10920 posts
Posted on 9/18/13 at 8:35 am to
I know that everything will be fine. I definitely have a clean record (Got the CC permit screening earlier this year) and so does she. I just knew that intentionally purchasing a gun for someone else made the situation a little murky. I brought it up to her so she wouldn't answer the first question they ask for the background check "Are you purchasing this gun for yourself?" with "No, it's for my husband". At that point they would have told her no. After I told her that, she got all nervous that she wouldn't know what to do. She now knows exactly what I want so hopefully all goes well this morning.

I guess I'll have to do something nice for her now. I told her that we could do something this weekend since she was doing this. She told me "hell no, if you're making me go get this today, you better be going to the camp all weekend"
Posted by LSUnowhas2
Baton Rouge
Member since Sep 2004
21981 posts
Posted on 9/18/13 at 8:38 am to
quote:

Buying someone a gift isn't a straw purchase. If she wants to buy you a gun then there shouldn't be a problem. Its when all the extra shite starts to happen that looks fishy.



And technically a "straw purchase" would be if you were getting your wife to purchase you a gun because you can't legally buy one yourself i.e. you are a convicted felon.
Posted by Chris4x4gill2
North Alabama
Member since Nov 2008
3092 posts
Posted on 9/18/13 at 8:45 am to
At any decent gun shop all she has to do is tell the guy at the counter she wants to buy her husband a gun and he will walk her through the process. It shouldnt be a big deal.




Disclaimer - large chains may be different depending on who you get.

Posted by Chad504boy
4 posts
Member since Feb 2005
166087 posts
Posted on 9/18/13 at 8:53 am to
quote:

It may raise some eyebrows.



one thing it ain't raising is eyebrows.
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