Straw purchase

[Lorry]

If I buy a gun from a military base and then hand it over to a family member who's allowed to own it, does that count as a straw purchase? I just want to make sure I'm doing everything right here.

 

[Saudade]

Is it a gift or is the person going to reimburse you? Is the family member parent/grandparent, child/grandchild, spouse or other family like sibling, niece, nephew, etc.?

 

[Lorry]

Is it a gift or is the person going to reimburse you? Is the family member parent/grandparent, child/grandchild, spouse or other family like sibling, niece, nephew, etc.?

It's a gift for my nephew

 

[Havasu]

I believe nephew is not considered as immediate family members.

 

[Lorry]

I believe nephew is not considered as immediate family members.

I see. So what should I do? Any ideas with the process?

 

[Saudade]

Nephew is not considered immediate family for the purpose of intrafamilial transfer (transfer without FFL involvement from you to him).

Can you not bring him on base, pay for the handgun but have him process the paperwork? Or buy gifts cards to equal the price plus fees? I assume you're doing this at the BX due to the price.

IANAL!!

As far as "straw purchase", since your intent is to "hand it over" to someone else, you are not the actual buyer. That can be considered a straw purchase. While a bonafide gift (no reimbursement of any kind: money, goods, services, etc.), is allowed, it can be a bit of a grey area. If he's going to pay you back, then it's a straw purchase. Since you can't transfer it via intrafamilial transfer, you would have to PPT it through an FFL anyway (assuming you're both CA residents). Your nephew would need a current FSC.

Some "light reading".

https://en.wikipedia.org/wiki/Abramski_v._United_States

 

[choprzrul]

This might help: https://www.calgunlawyers.com/buyin...chase-pitfalls-and-ensuring-legal-compliance/

 

[KonoctisWigwam]

Not sure where you're located, OP, but I just did a private transfer in CA for the first time, and the rifle is in Jail. I still have to wait 10 days for it to get out of jail.

The PP transfer was almost exactly like a DROS, other than the rifle is not shipped to my FFL, I have to pick it up at the store which the PP was done at. It was cheaper to do a PP transfer, but not by much. It cost me $49, opposed to $75 to DROS. The advantage with DROS for CA is that I can add additional rifles to the DROS for $10/ea. I did 3 rifles at my local FFL and the cost is $95. Everything is in jail, currently.

The downside to DROS is postage is required to ship it to my FFL, so it is actually cheaper to do a PP transfer.

OP, what state are you located in?

 

[ptgarcia]

In CA, its against the law to "hand it over" over to anyone, including your immediately family. The state always wants a paper trail and a tax to be paid.

 

[xchecker]

If I buy a gun from a military base and then hand it over to a family member who's allowed to own it, does that count as a straw purchase? I just want to make sure I'm doing everything right here.

Lorry,
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https://californiariflepistol.app.n...lepistol/product.jsp?product=482&catalogId=1&

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[KonoctisWigwam]

In CA, its against the law to "hand it over" over to anyone, including your immediately family. The state always wants a paper trail and a tax to be paid.

Short answer is YES. There are still certain ways to pass along a firearm, but it may have to be in a WILL.

Even a private transfer like I did recently, requires both the seller and buyer to be in the FFL at the time they start the transfer, and then the buyer needs to go back and pick it up. You need to fill out the exact same form, finger print yourself, several times, and then wait the same 10 days. What I would like to know is, how is that any different than a DROS?

You cannot buy ammo out of state and have it shipped to you either, it needs to go to an FFL which requires hazmat.

Anything that is related to firearms in any way, get an extra 11% tax added, in addition to the exorbitant sales tax we have in California, and in Santa Clara it's 9.75%, so it ends up 20.75 percent. In Lake County, taxes are ONLY 8.75%, so it's 19.75%.

 

[Rusty tweezers]

Bunch of commies running Kali. Come at me Newscum. This really pisses me off. 2nd shall not be infringed ! It’s in the constitution!