pistol purchase question, need help.

[jednp]

Alright, I'm asking this question for my sister. It should first be noted that pistol sales can be completed in Nebraska privately, you just have to be reasonably sure that the person you are selling the gun to can legally own it. In this case, the person it'd be going to would be a cop.

If my sister gets her pistol purchase permit, goes into the gun store and pays for the gun herself.. she has to be the one to take it from the gun store, right? She is wanting to know if she can pay for it that way he has no clue how much it cost, and have him pick it up from the dealer. Now I was under the impression that she has to be the one to take it.

In the event she has to be the one to take possession from the dealer, since Nebraska allows private party sales of firearms.. can she just give it to him? Even though he wouldn't be purchasing it from her.. who knows the difference? since the private party sales are legal, it shouldn't make a difference whether a person charged $1 or $500, right? Any help on this would be appreciated. I know there's a fine line you have to walk with purchases like this so it doesn't become a straw transfer. Just want to know what to tell her exactly so she follows the laws.

[jednp]

alright, really.. someone has to know for sure what's legal to do here, at least you'd think.

where is the fine line at that can be crossed and make it a straw purchase? If I were to go buy a gun right now, and at christmas time want to give that as a gift through a private sale.. I know that I can sell it for $0.01 if I want as long as I am sure the person can legally possess the gun. But since I just bought the gun, is there any certain time period following a sale that they might look at as you buying the gun for someone else? I mean, you took legal possession of the gun, then sold it legally to someone who can legally own it.

I don't view that the same as a straw purchase where you purchase that gun for someone who can't purchase it theirself.

[Kimura]

While I am by no means giving you legal advice, which is not permitted to those not admitted to a State Bar Association, I do know something of the law and of this issue. The general rule is that firearms can be gifted, and there is no hard and fast line about how long after purchase. Unfortunately, bright lines between acceptable and unacceptable are rare in the Law. Generally, the law of gifts is based upon the subjective intents of the parties. Something can be gifted immediately upon purchase, if the purchaser intends to make the gift, and the reciver intentionally accepts delivery of the gift.
I have no idea about the rule in Nebraska; however, my hunch is that legality in Neb. or any other state will turn upon the reason for the purchase being made in this way. That being said, the only way she would get into trouble is if some sort of tip or complaint is made to Law Enforcement and then the Prosecuting attorney decides to go froward with charge. The fact that she purchased it as a gift may be enough to defeat charges, but it would still have to forward to trial if a grand jury indicts. All of that unlikly based upon the facts you mentioned, unless there is some important fact you left out. I don't mean to pry, but why does she not wish to be in possession of the firearm?

[mbj0186]

I'm under the impression, via my CC instructor, that a pistol can be given as a gift to anyone who is of age and is not a convicted felon without a purchase permit or any other legal document.

I do believe however that in order to leave the store she would have to be the one who walks out with it.

I inherited my father's .38 special when he passed away and it was just handed over to me. I've even had it confiscated previously, unrelated to this situation (had it in my car w/o a CC permit!), and the officer didn't even ask me where I got. I actually got it back without questions asked. So, as long as it's not stolen, once it's in her hands she can do whatever with it.

All this applies in NC though. I'm not sure how it is where your from. However, I'm assuming it would be very similar if not exact. Best thing to do is to contact the local sherriff's office or whoever issues purchase permits.

[malkore]

Jed,

I think a straw purchase is defined as: you buy a gun under your name/permit, knowing that you're going to turn around and sell that gun to someone that should not allowed to purchase/own a handgun.

ergo, buying a gun, taking it home, and giving it to your spouse/cousin/boyfriend as a REAL gift, and assuming they could legally own the gun...its not a straw purchase...its simply a gift.

I have given my wife a .22 pistol, no problems.

However, as to filling out the form, and the question; are you the owner of teh gun you are purchasing...not sure how to answer that without raising red flags to the sales guy.

[Kimura]

Originally Posted by malkore

However, as to filling out the form, and the question; are you the owner of teh gun you are purchasing...not sure how to answer that without raising red flags to the sales guy.

You are generally the owner of a gift until it is actually delivered to the individual recieving the gift, legally speaking, in most states. Remember that the fireamrs laws are usually federal, but property law is a matter of state law.

[jednp]

Since the guy she is buying it for, is a deputy.. she talked with the sheriff that she also knows. He told her she could buy it and gift it to him. Whether or not he truly knows all the firearms laws, who knows. But on the forms I'd say she needs to fill it out that she is the person the gun is for. Since she will basically "sell" or gift it to him anyways as a private transaction. He's fully capable of owning the gun.. he better be, being LEO, so there shouldn't be a problem.

If I were her, I'd say I bought the gun for myself, shot it and determined it just was not for me. You knew someone who could use it so they bought it from you. Last I checked, you don't have to have any sort of proof of sale in Nebraska. All you have to do is make sure the person is able to own it. And since you can legally sell it for $0.01 if you'd choose to, I'd do it that way. just to be on the safe side.

[einheit 13]

Is she buying it from a dealer?? Why not ask an FFL??

[jednp]

Originally Posted by einheit 13

Is she buying it from a dealer?? Why not ask an FFL??

she is buying from a dealer... but from what she's told me, the dealer doesn't seem to understand what she's saying, or how to answer. They're really the only dealer in that city, other than the pawn shop.. and in the 26 yrs I lived there I had heard several things going around about them being huge drug dealers in the city, etc. They're not the best to deal with. My dad ordered a magazine for one of his rifles, 2 months later the guy still hadn't even put in the order. But, as I said they are the only dealer in town so that's who she has to deal with.