Can a spouse purchase a gun for his/her spouse

Can a spouse purchase a gun for his/her spouse

This is a discussion on Can a spouse purchase a gun for his/her spouse within the General Firearm Discussion forums, part of the Related Topics category; Can a wife/husband buy a gun in NC, where a pistol purchase permit is need ed to purchase from dealer, and just give the gun ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 30
  1. #1
    Senior Member Array cuban11182's Avatar
    Join Date
    Nov 2007
    Location
    Florida
    Posts
    668

    Can a spouse purchase a gun for his/her spouse

    Can a wife/husband buy a gun in NC, where a pistol purchase permit is need ed to purchase from dealer, and just give the gun to their significant other as a gift? Without the need to give up one of their pistol purchase permits


  2. #2
    Administrator
    Array SIXTO's Avatar
    Join Date
    Oct 2006
    Location
    Ohio
    Posts
    19,901
    yes, but is a permit needed to posses is the question.
    "Just blame Sixto"

  3. #3
    VIP Member Array JonInNY's Avatar
    Join Date
    Jan 2008
    Location
    Mid-Hudson Valley New York State
    Posts
    4,207
    Not sure, but here in NY it is absolutely prohibited. ONLY the purchaser can get the permit in his/her name, for the firearm purchased.

    If this is a gift, best bet is to have the recipient get their permit, then give them a gift certificate for them to get their own firearm. In NY you can also get reciprocal permits, where all firearms are cross-linked on each spouses permit.

    You might want to check with your local sheriff's office on this!

    Good Luck!
    "Democracy is two wolves and a lamb voting on what to have for lunch; Liberty is a well-armed lamb contesting the vote."
    -- Benjamin Franklin

  4. #4
    Senior Moderator
    Array MattInFla's Avatar
    Join Date
    Nov 2005
    Location
    Central Florida
    Posts
    4,857
    Not sure about the specific NC permit issue.

    As far as purchase from an FFL is concerned, the answer is a qualified yes.

    The purchase would be fine so long as it was intended as a genuine gift and the recipient is under no legal disability that would prevent them from buying the firearm themselves.

    If, for instance, the wife were 21 and the husband 20, you hit a murky grey area where it might be legitimate, but it could also arguably be a straw purchase.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  5. #5
    Ex Member Array Ram Rod's Avatar
    Join Date
    Dec 2007
    Location
    Fayetteville, AR
    Posts
    13,687
    That is a good question. Depending on the specific laws, that could be considered a 'straw purchase'. Have you researched the laws in that area?

  6. #6
    Senior Member Array cuban11182's Avatar
    Join Date
    Nov 2007
    Location
    Florida
    Posts
    668
    correct

    im trying to its kinda difficult because of the time difference between Bahrain and the US. I cant find any answers on Google

  7. #7
    Senior Moderator
    Array MattInFla's Avatar
    Join Date
    Nov 2005
    Location
    Central Florida
    Posts
    4,857
    It would appear that both parties must have a purchase permit in the situation in the opening post:

    3
    Under North Carolina law, it is unlawful for any person, firm, or corporation to sell,
    give away, transfer, purchase, or receive, at any place in the state, any pistol, unless the
    purchaser or receiver has first obtained a license or permit to receive such a pistol by the
    sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver
    possesses a valid North Carolina-issued concealed carry permit. This requirement to obtain
    a permit prior to the transfer of a pistol applies not only to a commercial transaction,
    typically at a sporting goods store, but also between private individuals or companies
    throughout North Carolina. N.C. Gen. Stat. 14-402(a)

    http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf
    So the wife would have to have a purchase permit to buy the pistol in the first place, and then the husband would have to have one (or an NC CCW) in order to receive it as a gift.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  8. #8
    VIP Member Array Cupcake's Avatar
    Join Date
    Mar 2007
    Location
    Michigan
    Posts
    3,164
    Didn't know that was legal anywhere. Strictly Forbidden in MI.
    Spend few minutes learning about my journey from Zero to Athlete in this mini documentary!
    Then check out my blog! www.BodyByMcDonalds.com

    Cupcake - 100 pound loser, adventurer, Ironman Triathlete.

  9. #9
    Senior Member Array cuban11182's Avatar
    Join Date
    Nov 2007
    Location
    Florida
    Posts
    668
    In PA its allowed. I can actually give my gun to my dad and he can give it to my brother legally.

    My wife did call the sheriff and found out that with my CCW, when I get it, I can use a gun that is "hers" for CCW. Which leaves me to believe if the gun isnt reported stolen then there shouldn't be any issues. We don't have to register our guns anyway...i sent an email to the NC Dept of Justice. We will see what happens.

  10. #10
    Senior Member Array cuban11182's Avatar
    Join Date
    Nov 2007
    Location
    Florida
    Posts
    668
    Yes it is allowed. You will just have to register the gun in your/her name for it to be your ccw. thanks again

  11. #11
    Senior Member Array Ragin Cajun's Avatar
    Join Date
    Dec 2007
    Location
    Colorado
    Posts
    809
    Wow, If I'm understanding this right, You need a permit to buy a gun? How long does that take and if you have one, can you walk in, buy the gun and walk out with it right after the purchase?

    I had no idea that the states verried so much until reading post on this forum. In Colorado, they do a back ground check that usually takes about 45 minutes. If it comes back good, then you can walk out with it then and there.

  12. #12
    VIP Member Array NCHornet's Avatar
    Join Date
    Dec 2006
    Location
    Mt Airy, NC
    Posts
    2,156
    If you have a CC permit you don't need the pistol purchase permit. And yes you can walk out the door with the pistol. As I said in a different post prior to getting my CC permit 11 years ago I would go to the Sheriffs dept and ask for a pistol permit, you fill out some paperwork and in a couple days you come back and buy the permit. They are $5.00 each and good for five years so I would by 5 and just keep them in my safe so when I ran across a good deal I would have what I needed. The idea was is this would keep a person from buying a handgun in the moment of rage. Doesn't really work, does it??
    Back to the OP this would only be needed if you wanted to change the official ownership of the weapon. You're wife can purchase a handgun and you can carry it, shoot it etc.... it is just the legal ownership still belongs to her. This makes total sense and I would think most states have similar laws otherwise it would be real easy for felons to obtain firearms as long as their spouse was felon free.

    NCH
    When Seconds Count, The Cops Are Just Minutes Away!!
    Carry On!
    NCHornet

  13. #13
    VIP Member Array havegunjoe's Avatar
    Join Date
    Mar 2005
    Location
    Minnesota
    Posts
    2,206
    It is not a straw purchase if that is what you are worried about as long as the buyer does not know or should have reasonably known their spouse was prohibited by law from owning a gun. Now some states that don't realize we have rights may have draconian laws that say otherwise but in free America this should not be an issue.
    DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.

    Certified Instructor for Minnesota Carry Permit
    NRA Pistol and Personal Protection Insrtuctor
    Utah Permit Certified Instructor

  14. #14
    VIP Member Array havegunjoe's Avatar
    Join Date
    Mar 2005
    Location
    Minnesota
    Posts
    2,206

    In MN...

    Quote Originally Posted by Ragin Cajun View Post
    Wow, If I'm understanding this right, You need a permit to buy a gun? How long does that take and if you have one, can you walk in, buy the gun and walk out with it right after the purchase?

    I had no idea that the states verried so much until reading post on this forum. In Colorado, they do a back ground check that usually takes about 45 minutes. If it comes back good, then you can walk out with it then and there.
    You need a permit to purchase or a permit to carry to buy a handgun. The permit to purchase takes about 10 days max. and is free from your local police. It is good for a year and either/or must be shown when you buy. When you buy the gun you go through the normal FBI check. I have never had one take longer than 1 minute.
    DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.

    Certified Instructor for Minnesota Carry Permit
    NRA Pistol and Personal Protection Insrtuctor
    Utah Permit Certified Instructor

  15. #15
    Senior Member Array jualdeaux's Avatar
    Join Date
    Dec 2005
    Location
    Waponi Woo
    Posts
    1,045
    As others have mentioned it would be legal to buy a gun and gift it to their spouse, or anyone else who is legal to own it. Now, if you gave your spouse the money to go buy it for you, you start walking on shakier ground. this according to the ATF. State rules my restrict it of course.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Your SA vs. spouse/family SA
    By INccwchris in forum Carry & Defensive Scenarios
    Replies: 37
    Last Post: August 27th, 2010, 07:55 PM
  2. Spouse Getting It
    By alienbogey in forum Concealed Carry Issues & Discussions
    Replies: 19
    Last Post: December 27th, 2009, 11:58 PM
  3. How do you convert spouse
    By Hot Wing in forum Concealed Carry Issues & Discussions
    Replies: 30
    Last Post: December 26th, 2009, 12:19 PM
  4. OC with your spouse?
    By EvilMonk in forum Open Carry Issues & Discussions
    Replies: 26
    Last Post: October 20th, 2009, 02:20 PM
  5. Spouse with gun
    By searcher 45 in forum Defensive Carry Guns
    Replies: 43
    Last Post: September 16th, 2009, 09:10 PM

Search tags for this page

can a wife buy her husband a gun
,
can a women carry a gun that is owned by husband
,

can i buy a gun for my husband

,

can i buy a gun for my wife

,
can i carry a gun registered to my husband
,

can i carry a hand gun that is in my wifes name

,

can i carry my wifes firearm in michigan

,

can i transport my sons handgun in michigan

,
can you buy a gun for your wife
,
do i have to put my spouses info when buying a gun
,

if a gun is regestd to spouce dose she get it in a devorce

,
oregon gun laws gift from spouse
Click on a term to search for related topics.

» Log in

User Name:

Password:

Not a member yet?
Register Now!

» DefensiveCarry Sponsors