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buying a pistol

Discussion in 'Guns & Hunting' started by montgomery_30824, Dec 2, 2010.

  1. Dec 2, 2010 at 6:23 PM
    #1
    montgomery_30824

    montgomery_30824 [OP] Well-Known Member

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    I am curious about this. My wife is getting me a hand gun for christmas and was wondering if she can but it and legally give it to me. We r in Georgia if it helps.
     
  2. Dec 2, 2010 at 6:30 PM
    #2
    t4daddy

    t4daddy Well-Known Member

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    I don't see any problems. It would be about the same as selling a gun to someone. Now if you were in one of the communist states, CA, IL, MA, CT or NH you may have some issues. Just to be safe call your local sheriffs' office and make sure. Where in GA are you, I lived in Alpharetta for awhile?
     
  3. Dec 2, 2010 at 6:38 PM
    #3
    m0nster986

    m0nster986 ♥ Emergency Medicine

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    Well... in Cali. if you were ever wondering. In your circumstance, your wife has to have a HSC card to purchase a handgun, wait ten days, then the both of you have to go to a dealer and do a DROS so she can transfer her gun to you. Your HSC will be waived based on the fact that you are in the service.
     
  4. Dec 2, 2010 at 6:43 PM
    #4
    Rmodel65

    Rmodel65 Yukon Cornelius

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    I dont know the specifics of it but theres no registration in GA...as to the question will it be a straw purchase it might be...i think you have to have a background check done since she is buying it to give away. IANAL

    might want to ask this on www.georgiapacking.org there are a few legal eagles that are GA lawyers that normally chime in although they are not your lawyer :p

    are you a member?? www.georgiacarry.org GCO has greatly lobbied to greatly expand carry rights in GA...with HB89 2 years ago and SB308 this year...we normally have a booth setup in savannah at the gun shows. GCO is 100% non profit best 15$ you can spend to fight for your rights here in GA!!
     
  5. Dec 2, 2010 at 6:48 PM
    #5
    navyrt

    navyrt ROLL TIDE ROLL!!!!!!!!!

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    Shouldnt be a problem. Did you know that with your military ID you can conceal carry in GA? Its true I looked it up on GA's law enforcement site and on opencarry.org.
     
  6. Dec 2, 2010 at 8:59 PM
    #6
    Rmodel65

    Rmodel65 Yukon Cornelius

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    he can do more than just carry he can carry openly too...he can carry anywhere a Georgia Police officer can...the code is OCGA 16-11-130.3 to cite to authority: http://www.georgiapacking.org/GaCode/?title=16&chapter=11&section=130

    this applies to federal military and state military like the NG, and Georgia's State Defense Force

     
  7. Dec 2, 2010 at 9:04 PM
    #7
    Rmodel65

    Rmodel65 Yukon Cornelius

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    New Hampshire??? that is one of the most liberal gun states int he entire nation:cool:

    there is only a couple places off limits in NH and that is a courthouse/jail and they must provide storage....and Open Carry is legal with no permit

    http://www.youtube.com/results?search_query=open+carry+ridley&aq=f
    NH Activism/\

     
  8. Dec 2, 2010 at 9:05 PM
    #8
    ColtsTRD

    ColtsTRD .....

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    Out here in AZ it wouldn't be a problem...hell you can conceal out here with out a permit now
     
  9. Dec 2, 2010 at 9:06 PM
    #9
    Rmodel65

    Rmodel65 Yukon Cornelius

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    its a question of whether or not federal law considers it a straw purchase...
     
  10. Dec 3, 2010 at 4:23 AM
    #10
    montgomery_30824

    montgomery_30824 [OP] Well-Known Member

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    I am originally from McDuffie county, Thomson. But i am currently down near savannah in effingham county.

    I did not know about this.
     
  11. Dec 3, 2010 at 4:29 AM
    #11
    SteelRain

    SteelRain Veteran Redleg

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    I have a good friend who works in the Firearms retail business. From what I gather a straw purchase is basically where you are present (pointing out which firearm you wish to purchase/own) and the other person is actually purchasing the weapon. Your spouse should be able to legally purchase the weapon and give it to you as a gift. She has to be the one filling out the the ATF form though. I gather you are not considered a prohibited possessor and can legally own the weapon. Also might be a good idea to not be present during the purchase, just so there's no assumptions.
     
  12. Dec 3, 2010 at 4:35 AM
    #12
    Caduceus

    Caduceus Well-Known Member

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    As long as you're not a felon it's typically OK. I mean, it's your wife. Worst case scenario, you tell the LEO - "I'm just using my wife's gun today."
     
  13. Dec 3, 2010 at 5:45 AM
    #13
    fritzthecat

    fritzthecat Well-Known Member

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    From BATF publication P-5300-4. Page 165, Para 15.

    Quote

    15. STRAW PURCHASES
    Questions have arisen concerning the
    lawfulness of firearms purchases from
    licensees by persons who use a "straw
    purchaser" (another person) to acquire
    the firearms. Specifically, the actual
    buyer uses the straw purchaser to execute
    the Form 4473 purporting to show
    that the straw purchaser is the actual
    purchaser of the firearm. In some instances,
    a straw purchaser is used because
    the actual purchaser is prohibited
    from acquiring the firearm. That is to
    say, the actual purchaser is a felon or is
    within one of the other prohibited categories
    of persons who may not lawfully
    acquire firearms or is a resident of a
    State other than that in which the licensee's
    business premises is located.
    Because of his or her disability, the person
    uses a straw purchaser who is not
    prohibited from purchasing a firearm
    from the licensee. In other instances,
    neither the straw purchaser nor the actual
    purchaser is prohibited from acquiring
    the firearm.
    In both instances, the straw purchaser
    violates Federal law by making
    false statements on Form 4473 to the
    licensee with respect to the identity of
    the actual purchaser of the firearm, as
    well as the actual purchaser's residence
    address and date of birth. The actual
    purchaser who utilized the straw purchaser
    to acquire a firearm has unlawfully
    aided and abetted or caused the
    making of the false statements. The
    licensee selling the firearm under these
    circumstances also violates Federal law
    if the licensee is aware of the false
    statements on the form. It is immaterial
    that the actual purchaser and the straw
    purchaser are residents of the State in
    which the licensee's business premises
    is located, are not prohibited from receiving
    or possessing firearms, and
    could have lawfully purchased firearms
    from the licensee.
    An example of an illegal straw purchase
    is as follows: Mr. Smith asks Mr.
    Jones to purchase a firearm for Mr.
    Smith. Mr. Smith gives Mr. Jones the
    money for the firearm. If Mr. Jones fills
    out Form 4473, he violates the law by
    falsely stating that he is the actual buyer
    of the firearm. Mr. Smith also violates
    the law because he has unlawfully aided
    and abetted or caused the making of

    false statements on the form.
    Where a person purchases a firearm
    with the intent of making a gift of the
    firearm to another person, the person
    making the purchase is indeed the true
    purchaser. There is no straw purchaser
    in these instances. In the above example,
    if Mr. Jones had bought a firearm
    with his own money to give to Mr. Smith
    as a birthday present, Mr. Jones could
    lawfully have completed Form 4473.
    The use of gift certificates would also
    not fall within the category of straw purchases.
    The person redeeming the gift
    certificate would be the actual purchaser
    of the firearm and would be properly

    reflected as such in the dealer's records.

    Unquote.

    Fritz

     
  14. Dec 3, 2010 at 8:06 AM
    #14
    Zombie Runner

    Zombie Runner Are these black helicopters for me?

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    When filling out the background check paper work there is a question on there that says "are you buying this weapon for anyone other than yourself" or something along those lines. always put "no" if you put "yes" its an automatic reject.
     
  15. Dec 3, 2010 at 9:04 AM
    #15
    thinkingman

    thinkingman Well-Known Member

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    To boil it down, if you are legal to buy and own a handgun in the state, you can be in posession of it.
    If you were found in posession of it and it ran under NICS and came back with her as owner, you might have to produce documentation that ownership was transferred to you.
    Can you legally buy a handgun in the state?
     
  16. Dec 3, 2010 at 9:07 AM
    #16
    jspadaro

    jspadaro Well-Known Member

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    That's ridiculous. Glad I don't live in the people's republic of california! :rolleyes:
     
  17. Dec 3, 2010 at 10:33 AM
    #17
    aficianado

    aficianado Well-Known Member

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    california isnt that bad..there is one hurdle. you cant be a felon. so what?

    i am in a 10 day wait right now. no big deal.
    moving from texas, my brother handed me a Sig226. i got here, filled out a family transfer form, and it got filed. i am legit. turns out that siblings are not legit for transfering guns between them, but i got ok'd. my dad will give me alot more, and i will check the box "father" from now on and be good to go.

    the only hiccup about the OP. her husband wouldnt be able to open a box and see a brand new pistol. she would need to get more creative here. maybe give him a jewelry box (making him nervous) with a single bullet in there. then run to the store to buy it. i guess that is a bit stupid and anemic.
     
  18. Dec 8, 2010 at 6:56 AM
    #18
    SuperTacoma

    SuperTacoma Well-Known Member

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    The first question is are you buying this gun for yourself.
    But I have never had a problem buying a gun for the wife and she right next to me making sure it fits and everything. The dealer never says a word.
    I have bought 4 guns for my Wife (.357 mag, 9mm, 44 mag and .380) and I she purchased 1 for me.
     
  19. Dec 8, 2010 at 7:26 AM
    #19
    Trever1t

    Trever1t Well-Known Member

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    the answer is NO.

    A long gun, no problem but handgun must be purchased or transfered to the person in possesion as far as I know of federal law.

    The only time I am aware of when a handgun can be "gifted" is father to son, or mother what have you. No marriage or sibling transfer without registration.

    Point me to the statute if I am incorrect.


    Just have it registered in your name at the place of purchase.
     
  20. Dec 8, 2010 at 8:09 AM
    #20
    Rmodel65

    Rmodel65 Yukon Cornelius

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    what is registration:rolleyes: we have nothing of the sort in GA
     
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