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Trigger Mike

gun law question involving relative

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My mom lives in Missouri.  She got word the looters are planning to move to her town of St Charles tonight so a police friend and his wife suggested she come stay with them to be safe (why my little sister is so afraid of the virus that she won't let my mom there instead is beyond me, but I digress.  ).  Years ago I took her shooting and let her shoot several guns and she insisted on a NAA mini revolver.  I tried to put her in something simpler but she does what she wants.  During this time she forgot how to load it.  I told her to take it unloaded to keep it out of the hands of the looters for now and get a better gun tomorrow.  

 

I told her to get a Smith & wesson 351 PD in 22 mag since since likes the round and it has zero recoil.  I told her that if she needs the money I would buy her mini revolver from her.  If she drives to GA and see me and I buy it from her, I assume we would need to take it to a dealer for the transfer or does her being my mom negate that?  If I send her a gun to her dealer then he would handle it on her end , right?

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As I understand it, you can legally buy it for her as a gift.  The rub is if she does not live in the same state to transfer it to her it has to go through a ffl in her state.  That would make it easier to just have her purchase it as she will have to do a transfer anyway.    If you want to pay, consider calling a gun store in her home state and see if they sell gift certificates.  Then simply buy one for her and let her purchase the gun and she is the owner on the 4473. 

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First, look up the laws in your state concerning transfers.  However, usually an in family, especially parent to offspring transfer, is not a problem.

But still, check the laws of your state.

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Rule #1 Never get legal advice from the Saloon.

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15 minutes ago, Utah Bob #35998 said:

Rule #1 Never get legal advice from the Saloon.

That's rule #2 also.

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31 minutes ago, Trigger Mike said:

My mom lives in Missouri.  She got word the looters are planning to move to her town of St Charles tonight so a police friend and his wife suggested she come stay with them to be safe (why my little sister is so afraid of the virus that she won't let my mom there instead is beyond me, but I digress.  ).  Years ago I took her shooting and let her shoot several guns and she insisted on a NAA mini revolver.  I tried to put her in something simpler but she does what she wants.  During this time she forgot how to load it.  I told her to take it unloaded to keep it out of the hands of the looters for now and get a better gun tomorrow.  

 

I told her to get a Smith & wesson 351 PD in 22 mag since since likes the round and it has zero recoil.  I told her that if she needs the money I would buy her mini revolver from her.  If she drives to GA and see me and I buy it from her, I assume we would need to take it to a dealer for the transfer or does her being my mom negate that?  If I send her a gun to her dealer then he would handle it on her end , right?

Since you asked, I must say you need to go through an FFL. IANAL but would not want you to commit a felony through ignorance.

 

There are exemptions for family. As to the new gun, read about straw purchase and don't do one. Just don't. Most people think a straw purchase means buying a gun for someone not allowed to have one; more generally, it is buying a gun for someone who paid for it and you bought it with their money for them. That is not a gift. Gifts in family are allowed. I have not mapped that gift exemption into interstate federal requirements, or if it matters which state both parties are in when the gift(s) occur(s). I just don't know, I only know it might be important.

 

Unfortunately, this is a situation where "how" you do something is more important than "what" you do. You get the NAA and she gets something more suitable for her. That is two transactions, and avoid tripping over barter rules between the two transfers.

 

Just make sure to follow the legal "how" to accomplish the legal "what." And Utah Bob is right, you need to do your own research rather than trust me or anyone else on a public forum.

 

I am glad there is not a gun registry in this country.

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16 minutes ago, Utah Bob #35998 said:

Rule #1 Never get legal advice from the Saloon.

 

Says the man giving legal advice in the Saloon!  :D

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Gun stores do not care who pays for the gun.

It may be possible for you to pay for a gun on her behalf.

The only thing that matters is that the recipient of the gun is the one who fills out the federal paperwork and picks it up.

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1 hour ago, Sawhorse Kid said:

Gun stores do not care who pays for the gun.

It may be possible for you to pay for a gun on her behalf.

The only thing that matters is that the recipient of the gun is the one who fills out the federal paperwork and picks it up.

 

The buyer needs to be the one handing over the cash or using a cred card.

 

I took my wife into a Gander Mountain several years ago so that she could buy the pistol she finally decided on as her CCW firearm.  When we finished I put my CC into the machine and paid.  Didn't even make it out of the store before the manager was making a huge scene getting the whole stores attention about it being a straw purchase. He made us void the transaction and have the wife pay with a card in her name. We seriously considered forgetting the whole thing but at the time the pistol she wanted was out of stock in all of N Texas except for the one in that store.

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11 hours ago, Still hand Bill said:

As I understand it, you can legally buy it for her as a gift.  The rub is if she does not live in the same state to transfer it to her it has to go through a ffl in her state.  That would make it easier to just have her purchase it as she will have to do a transfer anyway.    If you want to pay, consider calling a gun store in her home state and see if they sell gift certificates.  Then simply buy one for her and let her purchase the gun and she is the owner on the 4473. 

This!! ^^^^^^^^^

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Posted (edited)
13 hours ago, Subdeacon Joe said:

 

Says the man giving legal advice in the Saloon!
 

Never said you couldn’t Give it. Just don’t Take it. :D

 

 

 

Edited by Utah Bob #35998
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Legal advice in a public forum has questionable value.  Even as an attorney, I am not licensed everywhere and I do not know everything.  I give general advice at times, specific advice should come from someone in a position to be responsible for bad advice.  AKA pay a lawyer, not merely for the advice, but for the malpractice coverage if he is wrong.

 

Smaller issues such as this, I'd let her go to an ffl locally and purchase her own gun.  Gift her money if need be, or buy the gift certificate.

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Howdy.

One other thing...

You never know what sort of grief an ffl may have been given by the feds.

A store owner or manager who makes a scene may well have been raked over the

coals because of some similar situation.

Two local gun dealers of long standing were treated badly by feds.

One totally gave up.

One came back into business after several years cool off period.

Don't be too quick to judge.

Best

CR

 

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I sent her a link from buds gun shop of what it looks like to take to a local dealer to buy knowing they will try to put her in a 38 revolver.  I reminded her that she already shot my 38 smith and didn't like it.  They will treat her like many gun shops treat women as ignorant and direct her to what they think, but i know her and what she can handle.

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Have you, or someone you love, been given legal advice in the saloon? Recently, the firm of Dewey, Cheatham, & Howe has run out of tobacco, alcohol and talcum powder victims to bilk and has decided to make some loot assist the downtrodden recipients of bad advice in the saloon. If you've been given bad advice in this forum, contact one of our expert ex-cons legal associates about obtaining the just compensation you deserve for your pain and suffering.*

 

 

*I am a shill non-attorney undocumented and unpaid spokesperson for the above-named firm.

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29 minutes ago, Trigger Mike said:

I sent her a link from buds gun shop of what it looks like to take to a local dealer to buy knowing they will try to put her in a 38 revolver.  I reminded her that she already shot my 38 smith and didn't like it.  They will treat her like many gun shops treat women as ignorant and direct her to what they think, but i know her and what she can handle.

I think you’re assuming they’re jerks. That may be a premature judgement. They probably recommended a 38 because it’s a Much better self defense weapon. I’ll give em the benefit of the doubt. 2 of our local shops are owned by women.

I’ll reserve judgement until I hear how they acted.

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22 hours ago, Subdeacon Joe said:

 

Says the man giving legal advice in the Saloon!  :D

SDJ,

 

 I believe that qualifies as a disclaimer, not advice.

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2 hours ago, Utah Bob #35998 said:

I think you’re assuming they’re jerks. That may be a premature judgement. They probably recommended a 38 because it’s a Much better self defense weapon. I’ll give em the benefit of the doubt. 2 of our local shops are owned by women.

I’ll reserve judgement until I hear how they acted.

Perhaps you are right.  I could tell by the way she sounded unconfident in her efforts to repeat back to me what she was looking for that some might assume she meant 357 when she said 351.  She said that cheaper than dirt is the store near her.  Never dealt with them myself 

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49 minutes ago, Capt. R. Hugh Kidnme said:

SDJ,

 

 I believe that qualifies as a disclaimer, not advice.

More of a strong suggestion. Recommendation? Enlightenment? :)

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