Gifting a Firearm [AZ]

SixBravo · August 30th, 2006, 02:58 AM

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.

cpmiv · August 30th, 2006, 08:16 AM

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

rstickle · August 30th, 2006, 08:38 AM

Quote:

Originally Posted by SixBravo

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.

CopperKnight · August 30th, 2006, 09:38 AM

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).

dimmak · August 30th, 2006, 10:09 AM

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?

SixBravo · August 30th, 2006, 10:51 AM

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!!!

Mark Garrity · August 31st, 2006, 01:38 AM

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.

Mr. Player · August 31st, 2006, 03:43 AM

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.

PolarBear · August 31st, 2006, 06:31 AM

Quote:

Originally Posted by Mr. Player

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"???????

RSSZ · August 31st, 2006, 07:32 AM

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".---------

August 30th, 2006, 08:16 AM	#2
cpmiv Member Join Date: Jun 2006 Location: Pgh, PA Posts: 357	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)

August 30th, 2006, 09:38 AM	#4
CopperKnight Moderator Join Date: Mar 2006 Location: Spokane area, WA Posts: 4,834	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). __________________ Being happy doesn't mean everything's perfect, but that you've decided to see beyond the imperfections. The only thing that stops bad guys with guns is good guys with guns. SgtD

August 30th, 2006, 10:09 AM	#5
dimmak Distinguished Member Join Date: Feb 2006 Location: TN Posts: 1,755	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."

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

August 31st, 2006, 01:38 AM	#7
Mark Garrity Member Join Date: Jun 2005 Location: Phoenix,AZ Posts: 313	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." www.garritysgunleather.com

August 31st, 2006, 03:43 AM	#8
Mr. Player New Member Join Date: Apr 2006 Location: Glendale, Arizona Posts: 4	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.

August 31st, 2006, 07:32 AM	#10
RSSZ Distinguished Member Join Date: Mar 2005 Location: USA Posts: 1,847	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".---------