Buying, transferring, gifting.....

[Karl]

A friend of mine is a 19 year old college student. His a good guy, responsible, in college studying criminal law, and hopes to become a NH LEO. He's bought a couple of rifles from me (by NH Law, at 18 you can legally buy a long gun or shotgun) and he owns an S&W Model 36 that was gifted to me by a family member (again legal in NH if it's gifted from a family member). The S&W was is grandfather's off duty gun.

He's really interested in getting a Glock 23 and a family member of his has one they want to gift to him. The family lives in Virginia and if okay with doing a transfer to a NH FFL holder. Due to the fact that this is a transfer and not a purchase, can my friend receive the transfer?

 

[Len-2A Training]

Karl, I don't think this is legal. Fed Law prohibits FFLs from transferring any handgun to someone <21 yo. Since the out-of-state source must ship to a NH FFL, the FFL would be prohibited by this law from doing the transfer.

 

[Jose]

Karl, you take it from the FFL and then give it to him after you leave the store. Go pick it up by yourself.

It's legal for the dealer to transfer it to you and it's legal for you to gift it to him.

And all the straw purchase hand wringers, please be quiet.

 

[Karl]

And all the straw purchase hand wringers, please be quiet.

That might be the thing about "straw purchasing"..... I think it's different if the two parties are related (family)..... Maybe I'm wrong but that was what I've heard.

 

[GraftonNH]

That might be the thing about "straw purchasing"..... I think it's different if the two parties are related (family)..... Maybe I'm wrong but that was what I've heard.

The thing I've heard about "straw purchasing" is that it's not necessarily related to purchasing. Think of it as more of a "straw transfer" and it makes more sense with regard to our federal firearms laws. Are you going to an FFL and filling out paperwork with the specific intent of not being the owner of that firearm? Eg; do you intend to immediately transfer it to another person?

The only exception is if you are PURCHASING the firearm for someone as a gift. I don't think receiving the firearm for a person from a 3rd party in another state is quite the same, but I'm not a lawyer.

ATF Form 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 form 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.

It goes on to give an actual example that is pretty easy to follow. Do what you want, as I'm sure you will. Clearly some here would go ahead and get the gun transferred to them with the intent of handing it off to another person. I think the form is pretty clear on this activity, no hand wringing necessary. Free advice on the Internet is worth what you pay for it, I've seen a lot of plain wrong information given here in such an authoritative tone it is scary.

An excellent example that is stated like you're an idiot for not knowing it, but it is flat out not currently the law I found here the other day:
http://www.northeastshooters.com/vbulletin/threads/30178-NY-State-Resident-buying-in-another-state-(NH)?p=384423&viewfull=1#post384423

Since NY and NH are not adjacent states, the long arm transfer also needs to take place at a NY FFL.

Check BATF regs, they are very clear on this matter.

Read the forms, understand the information presented to you, make an informed decision that you are comfortable with (and can defend in court).

 

[Karl]

Thanks all. As I said this is a question posed for a friend and both of us are committed to following the letter of the law. I'll pass this thread along to him.