toofdoc 3 Posted August 18, 2014 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 Quote Share this post Link to post Share on other sites
Krdshrk 3,877 Posted August 18, 2014 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. Quote Share this post Link to post Share on other sites
toofdoc 3 Posted August 18, 2014 Not an Ar pistol. Thanks Quote Share this post Link to post Share on other sites
PK90 3,570 Posted August 18, 2014 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? ThanksIs he a NJ resident? Quote Share this post Link to post Share on other sites
toofdoc 3 Posted August 18, 2014 yes he is a resident Quote Share this post Link to post Share on other sites
Lalo 13 Posted August 18, 2014 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. Quote Share this post Link to post Share on other sites
illy 1 Posted August 18, 2014 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). Quote Share this post Link to post Share on other sites
remixer 1,645 Posted August 19, 2014 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. Quote Share this post Link to post Share on other sites
remixer 1,645 Posted August 19, 2014 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 Quote Share this post Link to post Share on other sites
Malsua 1,422 Posted August 19, 2014 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. Quote Share this post Link to post Share on other sites
remixer 1,645 Posted August 19, 2014 So if Mrs Jones buys a gun with the intentions of giving it to her felon husband thats legal ? Quote Share this post Link to post Share on other sites
remixer 1,645 Posted August 19, 2014 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. Quote Share this post Link to post Share on other sites
remixer 1,645 Posted August 19, 2014 im just stating the law not my opinion Quote Share this post Link to post Share on other sites
illy 1 Posted August 19, 2014 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. Quote Share this post Link to post Share on other sites
Malsua 1,422 Posted August 19, 2014 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. Quote Share this post Link to post Share on other sites
remixer 1,645 Posted August 19, 2014 If so then i stand corrected. Quote Share this post Link to post Share on other sites
Malsua 1,422 Posted August 19, 2014 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. Quote Share this post Link to post Share on other sites
remixer 1,645 Posted August 19, 2014 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 Quote Share this post Link to post Share on other sites
remixer 1,645 Posted August 19, 2014 on a side note. i found this ammusing 17. How do I obtain a classification from ATF for my “potato gun?” Quote Share this post Link to post Share on other sites
Malsua 1,422 Posted August 19, 2014 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. Quote Share this post Link to post Share on other sites
remixer 1,645 Posted August 19, 2014 Being that its 17 on the FAQ list.... it must be a popular question LOL Quote Share this post Link to post Share on other sites
raz-0 1,259 Posted August 20, 2014 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. Quote Share this post Link to post Share on other sites