[big country]

Hi Everyone,

I want to purchase a handgun for my girlfriend. We are both Florida residents. Is there anything I need to know (legally) before doing this? Will the gun have to be transferred to her name after I give it to her?

Thanks in advance,

Big Country

 

[XsYang]

Just say "Here"! No paperwork or anything.

 

[sniper58]

Just say "Here"! No paperwork or anything.

That about sums it up. Florida doesn't have the red tape that some other states have. May I suggest a companion gift as well? A certificate for an NRA firearms class or an NRA membership would go well, regardless of her experience level. Just a thought.............

 

[RETSUPT99]

Does she want a gun? Did she pick out a certain make/model?
You might want to plan ahead!:yup:

 

[nutz4utwo]

Please forgive my ignorance as well. Are there any federal straw purchase issues at play here?

...?

 

[Geno]

Nice gift! Lucky lady!

 

[justherenow]

Let her pick out her own gun, give her a gift certificate for a gun shop. Then you have no worries, she gets what she wants and all is happy, that assumes that she is 21 or over and passes the NICS

 

[automatic slim]

Actually.......You are probably in violation of the law. The is nothing illegal about giving a gun as a gift, but you do have to answer several questions in writing, one pertains to whether you're purchasing the gun for someone else. If you answer "yes", the dealer will not complete the sale.
The one way around this, is to buy the gun and then "loan" it to her, providing there's no local laws prohibiting this.

 

[MattInFla]

Hi Everyone,

I want to purchase a handgun for my girlfriend. We are both Florida residents. Is there anything I need to know (legally) before doing this? Will the gun have to be transferred to her name after I give it to her?

Thanks in advance,

Big Country

The big question here is "could she buy the gun herself?" Meaning, is she 21 or over and otherwise eligible to purchase the gun. Is she a Florida resident?

Buying a gun as a gift is perfectly legitimate. However, if the person receiving the gift could not buy the gun themselves, you're entering the realm of a straw purchase, which is a very serious federal crime.

Matt

 

[zacii]

As long as she's not a prohibited possessor, you're good to go. Private transactions happen this way all the time. Different story in other places like Illinois, etc.

 

[cwblanco]

Please forgive my ignorance as well. Are there any federal straw purchase issues at play here?

No, you are not ignorant. The form that you fill out asks if you are buying the firearm for someone else. Now that you have confessed your intentions in advance on a public forum, perhaps you should get a get a gift certificate for a certain firearm -- or pay in advance for the firearm, and tell her to go to the store to do the paperwork.

 

[mojust]

Buy the gun and leave it at the store. Have her come down and fill out the paper work. That way there's only one set of paperwork.

 

[Intrepid]

Actually.......You are probably in violation of the law. The is nothing illegal about giving a gun as a gift, but you do have to answer several questions in writing, one pertains to whether you're purchasing the gun for someone else. If you answer "yes", the dealer will not complete the sale.
The one way around this, is to buy the gun and then "loan" it to her, providing there's no local laws prohibiting this.

The form asks if you are the actual buyer. It goes on to explain that if you are spending your own money to buy a gun as a gift for someone, you would answer yes, and it would be legal.

If someone gave you money to buy a gun for them, you are not the actual buyer, and would have to answer no, and the sale can not be completed.

If in doubt, the safest thing would be to ask if you can see the paperwork and read it yourself, or get her a gift certificate or give her the money to buy the gun herself.

 

[Rugergirl]

Do be absolutely sure the gun you buy for her is the gun she likes.
If not you might end up with another gun, and we all know what a shame that would be:blink:

 

[gunthorp]

Are you sure you want to set such a dangerous precedent, spoiling her like this? It's important that she likes the gun and enjoys shooting and hopefully carrying it. If she's experienced, maybe even a better shot than you, it won't matter. But if she's new to shooting, perhaps plinking with a 22, taking a basic pistol class, or going through the training to get her carry permit will ease her into more potent calibers. Some say any gun will do, but it's nice if she can try one out before buying it. I only suggest, as I don't know specifics of your situation. At least if she has her own carry permit, she can do the paperwork to get her gun without a hitch. That will give her a real sense of ownership.

 

[Slim_45]

I would just take her to the gun shop with you & let HER pick it out & do the paperwork, its alot easier & you know she got what fits her :yup:

 

[Agave]

Actually.......You are probably in violation of the law. The is nothing illegal about giving a gun as a gift, but you do have to answer several questions in writing, one pertains to whether you're purchasing the gun for someone else. If you answer "yes", the dealer will not complete the sale.

The question is "Are you the actual buyer?" and the correct answer is "Yes." The example given for straw purchase on the 4473 specifically says that purchasing a firearm as a gift is NOT a straw purchase. If you buy a firearm as a gift, you ARE the actual buyer and there is nothing illegal about it.

I've probably been beat to this line though.

To the OP, go ahead and buy her the gun. It is perfectly fine assuming that you do not know that she is a prohibited possessor.

 

[Hubs]

As nice an idea it is to buy a gun for for girlfriend, I would suggest that you give her the money and let her purchase and fill out the paperwork. Doing this will keep you out of the "straw man purchase" realm.

Your girlfriend is a lucky gal indeed!

 

[Superhouse 15]

It is not a straw purchase in any way if she is not a criminal.

Welcome to DC

 

[FLSquirrelHunter]

Form 4473, Important Notice 1 reads:
1. For purposes of this form, you are the actual buyer if you are purchasing the
firearm for yourself or otherwise acquiring the firearm for yourself (for example,
redeeming the firearm from pawn/retrieving it from consignment). You are also the
actual buyer if you are acquiring the firearm as a legitimate gift for a third party.
ACTUAL 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 buyer of the firearm and must answer “no “ to question 12a. 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 buyer of the firearm and should answer “yes” to question 12a.


So, although I am not a lawyer, it seems to depend on whether your girlfriend is named Ms Black or Ms Smith?
:blink: :blink: