Stripped lower as a gift

[toofdoc 3]

I am going to buy my father a stripped Ar-15 lower as a gift for his birthday. We both have FOID cards. Can I just give him the lower or do I have to fill out forms? Thanks

[Krdshrk 3,877]

CoE and you're good.

 

Note:  As long as it wasn't received as a pistol lower for an AR Pistol...  Then he'll need a PP as well.

[toofdoc 3]

Not an Ar pistol. Thanks

[PK90 3,570]

I am going to buy my father a stripped Ar-15 lower as a gift for his birthday. We both have FOID cards. Can I just give him the lower or do I have to fill out forms? Thanks

Is he a NJ resident?

[toofdoc 3]

yes he is a resident

[Lalo 13]

Easy, don't overthink this. Just buy it as if it was yours, go through NICS, etc. Give it to your dad but then fill out the 2x COE's for your records. Treat it as a private sale but with no money exchanged.

[illy 1]

From the instructions on the 4473-

 

Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party. ACTUAL TRANSFEREE/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 TRANS- FEREE/BUYER of the firearm and must answer “NO” to question 11.a. 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 transferee/buyer of the firearm and should answer “YES” to question 11.a. However, you may not transfer a firearm to any person you know or have reasonable cause to believe is prohibited under 18 U.S.C. § 922(g), (n), or (x).

[remixer 1,645]

Be careful.....  As the previous post mentioned if you purchased a lower for you dad it WOULD be considered a straw purchase.

 

Why not just bring him down to the local FFL and pick one up for him. Let the nics go through him.

[remixer 1,645]

Easy, don't overthink this. Just buy it as if it was yours, go through NICS, etc. Give it to your dad but then fill out the 2x COE's for your records. Treat it as a private sale but with no money exchanged.

 

For the record.. I think your assuming he already owns the lower that he purchased with the intentions of building an AR but afterwards decided to give it to his dad

[Malsua 1,422]

Be careful.....  As the previous post mentioned if you purchased a lower for you dad it WOULD be considered a straw purchase.

 

 

 

Not if it's a gift.

[remixer 1,645]

So if Mrs Jones buys a gun with the intentions of giving it to her felon husband thats legal ?

[remixer 1,645]

http://www.pbs.org/newshour/rundown/supreme-court-sides-gun-control-groups-straw-purchase-law/

 

The justices ruled 5-4 that the law applied to a Virginia man who bought a gun with the intention of transferring it to a relative in Pennsylvania who was not prohibited from owning firearms.

[remixer 1,645]

im just stating the law not my opinion

[illy 1]

So if Mrs Jones buys a gun with the intentions of giving it to her felon husband thats legal ?

If she knows or has reason to believe that he's a prohibited person, it's illegal.

 

Also, if (as in the Sup. Ct. you referenced) Mr. Jones gives Mrs. Jones the money and says "buy this gun under your name, then give it to me" it would be illegal.

 

But a legitimate gift purchase is perfectly legal.

 

Seems like a minor difference, but that's the law as it stands.

[Malsua 1,422]

So if Mrs Jones buys a gun with the intentions of giving it to her felon husband thats legal ?

 

No, because he's a prohibited person.  You wouldn't be guilty of a straw purchase, you'd be guilty of providing firearms to felons.

 

The ATF is VERY clear on this subject.  If you buy a firearm as a gift for someone else, the transfer is LEGAL, federally.  State laws differ, and in NJ, there has to be paperwork, in other states, no paperwork at all.

[remixer 1,645]

If so then i stand corrected.  

[Malsua 1,422]

For what it's worth, here is the link to the PDF From the ATF on Straw Purchases and Gifts.  I had it linked before in earlier posts but the ATF apparently moved it.  Here's the new link.

 

http://www.atf.gov/files/publications/download/p/atf-p-5300-4.pdf

 

Search for Straw or go to page 166.

[remixer 1,645]

I did my own digging. and Yes if you are buying as a gift you are still the "buyer".   I interpreted the supreme court ruling incorrectly . Sorry guys

[remixer 1,645]

on a side note. i found this ammusing

 

17. How do I obtain a classification from ATF for my “potato gun?”

[Malsua 1,422]

on a side note. i found this ammusing

 

17. How do I obtain a classification from ATF for my “potato gun?”

 

So if I go to Home depot, buy a few bits of PVC Schedule 80, glue them together, add some hairspray and a potato, the ATF wants me to contact them in writing and describe how I'm going to use it?  Yeah, let me get right on that.

[remixer 1,645]

Being that its 17 on the FAQ list.... it must be a popular question LOL

[raz-0 1,259]

http://www.pbs.org/newshour/rundown/supreme-court-sides-gun-control-groups-straw-purchase-law/

 

The justices ruled 5-4 that the law applied to a Virginia man who bought a gun with the intention of transferring it to a relative in Pennsylvania who was not prohibited from owning firearms.

 

 

Yeah, but he also took money from said relative. That makes it not a gift. They also discussed it ahead of time and a bunch of other stupid things.