Gifting a Firearm [AZ]

Gifting a Firearm [AZ]

This is a discussion on Gifting a Firearm [AZ] within the General Firearm Discussion forums, part of the Related Topics category; A friend of mine, who is just turned 20, will be attending Gunsite with me in December. He inquired about any possible way of legally ...

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Thread: Gifting a Firearm [AZ]

  1. #1
    Distinguished Member Array SixBravo's Avatar
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    Gifting a Firearm [AZ]

    A friend of mine, who is just turned 20, will be attending Gunsite with me in December. He inquired about any possible way of legally obtaining a handgun.

    I was wondering if it is legal for me to purchase a handgun and "gift" it to him or sell it to him (which I doubt it is legal). Obviously, I trust this guy with a firearm or it wouldn't even be a consideration. Could someone direct me to a website about the legalities or point me in the general direction. If it's important, he's a resident of Washington State and holds residency there, but is attending school with me here in AZ.

    If its illegal then just say so and its a moot point.
    The Gunsite Blog
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    "It is enough to note, as we have observed, that the American people have considered the handgun to be the quintessential self-defense weapon." - Justice Scalia, SCOTUS - DC v Heller - 26 JUN 2008


  2. #2
    Member Array cpmiv's Avatar
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    I've looked and it looks like it's legal for him to purchase a handgun, he just can't get his CCW for a year. That is all AZ law. I'm not sure how an out of state WA person would do. Go to the gun store and ask or try they'll know the law.

    http://www.bradycampaign.org/legisla...tate.php?st=az
    ww.packing.org
    There are over 550 million firearms in worldwide circulation. That's one firearm for every twelve people on the planet. The only question is: How do we arm the other 11? (Yuri Orlov [Nicolas Cage] Lord of War)

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    Quote Originally Posted by SixBravo View Post
    I was wondering if it is legal for me to purchase a handgun and "gift" it to him or sell it to him (which I doubt it is legal).
    I'm not sure, but isn't that what they call a "straw purchase"? If it is I think it's illegal.
    Rick

    EOD - Initial success or total failure

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    That would be the definition of a straw purchase. In WA you have to be 21 to buy a handgun (as well as owning one, I believe).
    eschew obfuscation

    The only thing that stops bad guys with guns is good guys with guns. SgtD

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    Distinguished Member Array dimmak's Avatar
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    By all means, do not break the law....
    Abiding by what is legal sets one apart from criminals....
    Does Gunsite not offer firearms for rent while training there?
    "Ray Nagin is a colossal disappointment" - NRA/ILA Executive Director Chris W. Cox.


    "...be water, my friend."

  6. #6
    Distinguished Member Array SixBravo's Avatar
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    Yeah, that's what I was afraid of. This is why I'm looking to ask you all about it and the best places to look. That, and its good to get a different perspective on what someone is doin. But because he is not an Arizona resident, then I won't be getting him one. I'll go out of the way to stay legal guys, trust me. Otherwise I would just buy it and give it to him.

    Thanks for the info about the Brady site. How funny would it be to walk into a gun shop and tell them "But I saw on the Brady website that I can purchase a handgun!" ha!!!
    The Gunsite Blog
    ITFT / Quick Kill Review
    "It is enough to note, as we have observed, that the American people have considered the handgun to be the quintessential self-defense weapon." - Justice Scalia, SCOTUS - DC v Heller - 26 JUN 2008

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    Member Array Mark Garrity's Avatar
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    SixBravo,
    AZ law is very strange, and loose, when it comes to handguns. For you to buy a handgun and outright give it to him would be Federal ATF violation and considered a "straw purchase" violating the "Are you the actual purchaser of the firearm" Yes/No box on the yellow 4473 Form. However, in AZ it is legal to purchase a handgun privately without going to a gun-shop and doing a transfer in front of a dealer. If you have a pistol and I have the cash, and we are both legal to own, and we meet in parking lot and make the sale, that is a legal transaction under AZ law. AZ does also not prohibit lending a firearm to another that can lawfully own it, and this even includes supervised minors (with parents permission but not necessarily accompanied by parent) for purposes of education and training. I do not have my AZ Crimes Code in front of me, but the entire chapter ARS Title 13/Chapter 31can be found at
    http://www.sam-hane.com/sass/azlegal.htm
    PM or e-mail me for more info.
    "He who makes things with his hands is a laborer, he who makes things with his hands and his head is a craftsman, he who makes things with his hands, his head, and his heart is an artist."
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    New Member Array Mr. Player's Avatar
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    I carried in AZ open for about a year and a half before I turned 21 and could get my CCW. My then roommate bought a pistol and owned it for that time. I just carried it. I was stopped numerous times(about once a week because of my job) by various police depts. Most didn't have a problem.
    I do have to point out that I was once arested by a small police dept. in the Phoenix valley while I was working. A police Sgt. told me I was not allowed to possess a PISTOL until I was 21. I disagreed and told him I did not own it and was mearly carrying it. The police officers deceided that I should be arrested and I was told I was being arrested for weapons misconduct. After I sat in a cell for about 5 hours I was brought out and told I was being cited for carrying a concealed weapon. (I was not it was an openly carried Springfield Champion in a Galco Fletch holster). I went to court and brought evidence that I was carrying open and my charge was dismissed.

    I went to pick up the weapon and was told the police dept was going to re-cite me and that they had a year to do so. I fought with and called people for 6 months and finially decided to just wait the full year and get my weapon then. One month later I received a call that a new person had my case and I could come pick up my weapon. I still was not 21 but was then given back (my) my roomates weapon.

    I will be happy to elaborate on my experiences but this is turning into a very long post.

  9. #9
    Member Array PolarBear's Avatar
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    Quote Originally Posted by Mr. Player View Post
    I carried in AZ open for about a year and a half before I turned 21 and could get my CCW. My then roommate bought a pistol and owned it for that time. I just carried it. I was stopped numerous times(about once a week because of my job) by various police depts. Most didn't have a problem.
    I do have to point out that I was once arested by a small police dept. in the Phoenix valley while I was working. A police Sgt. told me I was not allowed to possess a PISTOL until I was 21. I disagreed and told him I did not own it and was mearly carrying it. The police officers deceided that I should be arrested and I was told I was being arrested for weapons misconduct. After I sat in a cell for about 5 hours I was brought out and told I was being cited for carrying a concealed weapon. (I was not it was an openly carried Springfield Champion in a Galco Fletch holster). I went to court and brought evidence that I was carrying open and my charge was dismissed.

    I went to pick up the weapon and was told the police dept was going to re-cite me and that they had a year to do so. I fought with and called people for 6 months and finially decided to just wait the full year and get my weapon then. One month later I received a call that a new person had my case and I could come pick up my weapon. I still was not 21 but was then given back (my) my roomates weapon.

    I will be happy to elaborate on my experiences but this is turning into a very long post.
    Someone bought a pistol for you to use/carry on you often, because you could not do so legally, and you were arrested, although cleared, in relation to said firearm. You have now decided to write this as your 1st post on the forum, I can't wait to see your 2nd or 3rd post.

    In case you do not know, most members here pride themselves on ALLWAYS following the law. By definition, that is what keeps us from becoming criminals.

    By the way, what kind of job did you have that you were stopped by the police "about once a week"???????
    "Personal weapons are what raised mankind out of the mud..."
    -Jeff Cooper, "The Art of the Rifle"

  10. #10
    Distinguished Member Array RSSZ's Avatar
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    What Mark said re. the 4473 in his above post(#7).

    Several months ago I tried to purchase a weapon for my wifes BD. I made the mistake of telling the clerk that. I had to "start over again".

    What Dillon said,"these times,they are a change-in".---------

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    Distinguished Member Array SixBravo's Avatar
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    Interesting responses. I want to keep this legal, but I don't want to be accused of a straw purchase - LEO or otherwise.

    I went by my local shop (High Noon) yesterday because I was shopping for a shottie. While we were there (my friend who is going to Gunsite), we asked the guy running the shop about the law. His response:
    Clerk: "You gotta be 21 to purchase a handgun from us."
    Mike: "What about to possess?"
    Clerk: "I'm pretty sure it's 18 but I would call the Sherrifs office."
    Mike: "Even though I can't buy ammo for it, I could still buy it third party???"
    Clerk: "As far as I know, but call the Sherrifs Office to make sure."

    Mike is a pretty responsible guy. His main concern about owning the firearm is storage and how he can keep it safe (he was recently robbed by a co-worker). The kid has a sqweeky-clean reacord, too. I don't think he's even had a traffic violation. But, he's already voiced his interest in getting his CCW when he turns 21. I want to help him out but I'm not willing to risk myself going to jail and I'd like to protect him from unwittingly placing himself in jail too.

    Mark's post makes me feel a little safer about the whole matter, but I'm still undecided. I'm going to stop by the local Sherrif's Office later this afternoon and ask a few questions and get some straight answers, then make a choice.
    The Gunsite Blog
    ITFT / Quick Kill Review
    "It is enough to note, as we have observed, that the American people have considered the handgun to be the quintessential self-defense weapon." - Justice Scalia, SCOTUS - DC v Heller - 26 JUN 2008

  12. #12
    Member Array djturnz's Avatar
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    Quote Originally Posted by RSSZ View Post
    Several months ago I tried to purchase a weapon for my wifes BD.

    ---------
    BABY DADDY?

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    New Member Array Mr. Player's Avatar
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    Polarbear
    I also pride myself on abiding by the law. This is why I shared my story. I still don't believe that I broke any laws. I also believe that if I had done a F2F transfer I would also have been legal. I did not do this though until I turned 21.
    I believe that just because it is legal does not mean the a police officer will know this. I really did not enjoy this experience. I said that I had been stopped multiple times to illistrate that most of the time I had no problems. But it only takes one instance to cause a problem.

    I worked in public and carried openly. Many people get nervous and that is why the police were called often. I am some what offended that you insinuate that I was breaking the law. I carried open to remain LEGAL. If I had a disregard for the law it would have been much easier to carry concealed illegally and have no problems. I dealt with many detainments because just like most members of this forum I disire to always follow the law.

    I have become a member forum to obtain knowledge. I do not post because unless I have something pertinent to add I enjoy just receiving the content on this sight. I hope you are not dissapointed with my second post.

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    Member Array Mark Garrity's Avatar
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    Polar Bear,
    I am a police officer in AZ and the way I'm reading it, Mr Player did not break any laws. Obviously the arresting officer thought he did and the court disagreed. It is not illegal to openly carry at 18 in AZ, and it is not illegal to borrow a handgun in AZ if you are a lawful possesser - 18 years of age or older with no criminal history.
    Where this gets tricky and confusing is Federal law says you must be 21 to purchase a handgun or ammo.
    "He who makes things with his hands is a laborer, he who makes things with his hands and his head is a craftsman, he who makes things with his hands, his head, and his heart is an artist."
    www.garritysgunleather.com

  15. #15
    Member Array PolarBear's Avatar
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    Quote Originally Posted by Mr. Player View Post
    Polarbear
    I am some what offended that you insinuate that I was breaking the law.
    If you step into my shoes and read your post again, I think you can see my point of view.

    There is a difference between being "legal" and going out of your way to avoid problems.

    I believe that if you are stopped more than once for the same thing and continue to repeat the act you are only asking for trouble, regardless of its “legality". You can create a lot of legal hassles for yourself by "tempting fate".

    I recommend that everyone go out of their way to avoid problems in EVERYTHING you do.

    I hope you give this some extra thought, so you don’t have any future legal troubles.

    Good luck with whatever you decide to do.
    "Personal weapons are what raised mankind out of the mud..."
    -Jeff Cooper, "The Art of the Rifle"

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