Gifting a gun

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Just a quick question. My fiancee has had an eye on a Sig P238 for a while now and I wanted to get her one as a Christmas gift. Is there anything I need to do after I buy it? Or can I just put it under the tree with a box of ammo? Thanks!

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you are in NH, in theory you can just wrap it up and put it under the tree, there are some that might say you are wandering close to "straw purchase " territory, but I would disagree because she did not ask you to purchase it.

I'd buy it, wrap it, and put it under the tree.
 
When my wife has bought me toys, she had me purchase it and she just paid for it. I.E., "Happy Birthday honey, let's go to XYZ store and I'll buy you that toy you've been salivating over." Sorta takes the fun out of the whole unwrapping thing but then again this was when we were living in the Republic of Kalifornia!
 
I was under the impression that a straw purchase would be for someone who was legally unable to buy or own a gun in the first place. Is that incorrect?

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It's legal, providing you are the actual purchaser (Form 4473 Question 11a). However, as a "belt and suspenders" approach, I would not use any joint monies (e.g. withdrawing the funds from a joint account, using a joint CC, etc.) for the purchase.

I was under the impression that a straw purchase would be for someone who was legally unable to buy or own a gun in the first place. Is that incorrect?

More like partially correct. That is one example of a straw purchase, but ineligibility is not the only determinative factor. Generally the BATFE defines a straw purchase as "The acquisition of a firearm(s) from a federally licensed firearms dealer by an individual (the “straw” purchaser) for the purpose of concealing the identity of the true intended receiver of the firearm(s)". Also see "Notices, instructions and Definitions" on Form 4473:

Question 11a. 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 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 TRANSFEREE/BUYER of the firearm and must answer "NO" to question 11a. 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 11a. 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).

Please note: EXCEPTION: If you are picking up a repaired firearm(s) for another person, you are not required to answer 11a., and may proceed to question 11b.

http://www.atf.gov/forms/download/atf-f-4473-1.pdf
 
I was under the impression that a straw purchase would be for someone who was legally unable to buy or own a gun in the first place. Is that incorrect?

Yes it is incorrect because a straw is a lot more complicated than that and covers a lot of other scenarios.

A pure "gift" purchase is not one of them, however.

-Mike
 
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