Question about buying an AK

[tylerdurden]

Is there any legal problem with sending my father the money to buy an AK-47 and him holding it for me until I get out of the Army? I'm stationed in Hawaii right now and the gun laws here are a pain so buying here and then getting it home somehow would present a lot of problems.

Is there anything I'd need to do with the transfer of ownership? Would it have to go through a dealer or anything or can he just give it to me when I get back?

Sorry if this is a dumb question, I've never owned anything other than hunting guns and handguns before so don't know if there's some problem with an "assault weapon" (stupid term).

Thanks in advance!

[Moccasin]

Technically I think it would be considered a straw purchase which is illegal. That being said, if my father was willing to purchase it for me I'd send him the money. If you will be returning to VA any time soon you can have it transferred through any FFL holder but there is really no reason you have to do that, for your purposes it would be considered a private sale which does not require transfer through a FFL holder in VA. Private sales not requiring a transfer is subject to change though, that's the so called "gun show loophole."

[OakRidgeStars]

I don't think it could be considered a "straw purchase" unless the person the rifle is intended for cannot legally purchase one for himself. If you are not barred from owning a weapon legally, then there shouldn't be a problem with your father making the purchase for you. It's no different than if he bought it for you as a gift.

Now, I am assuming we are not talking about a Class III weapon here. Correct?.

[Moccasin]

I thought a straw purchase was buying for someone else regardless of whether they can legally own it. Based on wikipedia it is considered a straw purchase according to federal law- "the buyer conducting the transaction is not the "actual purchaser", but is acting as a proxy for another person", they say nothing about legally being able to make the purchase.

My personal opinion is that in this case it isn't a problem but FFL holders are getting leary of anything that might be a straw purchase because of NY setting them up in the past.

[rstick]

I've heard dealers tell people that if you're buying a firearm as a gift then it is a legal purchase. This is also in the wikipedia article mentioned above:

Under United States federal gun laws, a straw purchase is any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is not the "actual purchaser", but is acting as a proxy for another person. Although the term is commonly used to refer to purchasing on behalf of a person who is legally ineligible to purchase or possess a firearm, the law does not make that distinction.

The term does not apply when the firearm is being purchased as a bona fide gift.

In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor. The first line on form 4473 is “I am the buyer of this firearm” and the purchaser must answer honestly yes or no in ink, in his or her own handwriting.

Many gun shops have jointly participated in programs (such as: “Don’t Lie For The Other Guy”) to deter such purchases.

From my review, and I am no lawyer, I've come across US Code Title 18 Part I Chapter 44 Section 922(a)(6)

(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter

So when they ask you if you are the actual purchaser on Federal Form 4473, that means that you are purchasing the firearm yourself without monies given to you from anyone else. Say you have a child, and they want a gun, but are under the age to buy it themselves. If they give you the money to buy it for them, you are not the actual purchaser and it is a straw purchase. If they ask for a gun for their birthday, and you buy it with your own money and give it as a gift, then you are the actual purchaser and are providing the firearm as a gift to him/her.

So if you provide the funds for your father to buy the firearm, it will be considered a straw purchase. The intent of this law is to ensure that the dealers are able to do the background checks on the persons who are actually the end users of the weapons, without infringing on our ability to give firearms as gifts to family members and friends.

[Moccasin]

I think what is most important in this case is that it could be considered a straw purchase and that tylerdurden and his father need to be aware of that. It really boils down to what they want to do, if both are ok with it then go for it. Personally I think it's BS that serving our country causes problems purchasing firearms but I know it does.

[Vahunter]

I asked my dealer about it once and he said as long as the person recieving the gun can legally own one then it's not considered a straw purchase. I wouldn't worry about since it's your father buying it for you.

[tylerdurden]

Thanks guys, I really appreciate all the info. I've got a birthday coming up so I'll just get him to give it as a gift.

FYI, I am fully authorized to own a weapon. I'm a CCL holder too so I'm not some ex-felon trying to get one over on the system. I just want to buy one before they start passing assault weapon bans again and I'm afraid that if I wait I'll either miss the boat or have to pay through the nose.