Question ( 11 a.) on ATF Form 4473 (Firearms Transaction Record Part
I - Over-the-Counter) says:
Are you the actual transferee/buyer of the firearm(s) listed on this
form? (YES or NO) Warning: You are not the actual buyer if you are
acquiring the firearm(s) on behalf of another person. If you are not
the actual buyer, the dealer cannot transfer the firearm(s) to you.
(See instructions for question 11. a.) ........
The instructions for question 11. a. say:
Actual Transferee/Buyer: For purposes of this form, you are the
actual transferee/buyer if you are purchasing thwe firearm for
yourself or otherwise acquiring the firearm for yourself. (e.g.,
redeeming the firearm from pawn/retrieving it from consignment,
firearm raffle winner). You are also the actual transferee/buyer if
you are legitimately purchasing the firearm as a gift for a third
party. ACTUAL TRANSFEREE/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 TRANSFEREE/BUYER of the
firearm and must answer "NO" to question 11. a. 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 transferee/buyer of the firearm and should answer
"YES" to question 11. a. However you may not transfer a firearm to
any person that you know or have reason to believe is prohibited
under U.S.C. 18 (g), (n), or (x).
-----------------
From the above I draw the following conclusions:
1. You CAN buy a firearm for yourself (providing you are not a
prohibited person)
2. You CAN buy a firearm as a GIFT for anyone (wife, husband,
friend) as long as the recipient is not a prohibited person.
3. You CAN NOT take money from another person to buy a firearm
for that person.
4. Prohibited persons are defined by U.S.C. 18 (g), (n), or (x).
Although not directly from the above; a "Straw Purchase" of a firearm
is the purchase of a firearm by a person who meets the legal
requirements to purchase a firearm; who gives or sells that firearm
to a prohibited person as defined by U.S.C. 18 (g), (n), or (x).
Ed. Lott
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