"Gifting" a handgun to someone under 21

[mrdbeau]

Ok, I've got another semi-legal sort of question...

My girlfriend is currently 17 years old, and she is soon to turn 18 (yes, I'm 24, yes, she's 6 and a half years younger than me, yes, that's a big age difference, yes, this is LA, no, she is not my cousin).

Now, I know that it's legal for someone over 18 to own a handgun, but not to purchase one. I also know it's legal for anyone over 18 to OC, if she felt the need or she wanted to. Let's say I wanted to purchase a handgun for her as a gift for her 18th birthday...

The main question is what do you feel would be the appropriate time length between my purchasing of the handgun and my "gifting" it to her for it to not be a legally shady area in terms of the gift being a "straw purchase?" On a similar note, if I were to give her a handgun that I have owned for quite some time, and then buy a similar or identical new handgun for myself of the same model, would that raise any red flags if someone looked into it legally?

I don't see this gift being too much of an issue because I'm not overly concerned about anyone looking into the legality of the gift as it's going to be something between just her and myself and I likely will not even tell her parents that I'm giving it to her (her mother is extremely anti-gun, won't let me carry in their house, etc.), but on the other hand, I really don't want to be under any risk at all of getting slapped for any sort of gun law violation.

 

[spanky]

In my opinion, if you are buying it as a gift, it is a gift and not a straw purchase since you are not being paid or otherwise reimbursed for it.

 

[Born4spd]

Don't stress it bro, gifts are legal.

How ya think men buy guns for their wives?

As long as she is 18 your in the clear.

Just be careful how much you spend on a girl that age, they know they are young and dont want to really settle down.

 

[mrdbeau]

In my opinion, if you are buying it as a gift, it is a gift and not a straw purchase since you are not being paid or otherwise reimbursed for it.

So it's completely legal to buy a handgun for the express purpose of it being a gift and it's not a straw purchase? My impression is that a straw purchase is any purchase of a firearm for the intent to give it to someone who could not otherwise legally buy it. Even though she can technically own a handgun, since she could not legally buy it, and I am purchasing it for the express purpose of giving it to her, that's where I feel the legal grey area comes in.

Don't stress it bro, gifts are legal.

How ya think men buy guns for their wives?

As long as she is 18 your in the clear.

Just be careful how much you spend on a girl that age, they know they are young and dont want to really settle down.

Yeah, thanks for the concern, but frankly, I'm not even concerned about whether we stay together or not with regards to this gift. It's my firm belief that all women should at least own a handgun given that they are more vulnerable to violent crime than men, and I want to make sure she's got something that will take care of her for the rest of her life, even if I don't.

 

[Dave328]

People, people,people, we're missing the "meat and potatoes" of this whole post.

...My girlfriend is currently 17 years old, and she is soon to turn 18 (yes, I'm 24, yes, she's 6 and a half years younger than me, yes, that's a big age difference, yes, this is LA, no, she is not my cousin).

 

[Manimal]

I'd give it to her at 12:00am the day of her birthday. Then, I'd give her the gun in the morning...I bet it would be a cool surprise!

 

[charlie12]

So it's completely legal to buy a handgun for the express purpose of it being a gift and it's not a straw purchase? My impression is that a straw purchase is any purchase of a firearm for the intent to give it to someone who could not otherwise legally buy it.

First I'm a dummy but I would say straw purchase because she can't legally buy it for herself. Check with BATF, and like I said I'm a dummy.

 

[Quas]

On the form you fill out it will ask you if it's a gift.

 

[spanky]

Is straw defined as "can't legally possess" or "can't legally purchase?"

You can legally purchase a handgun at 18, just not from a federally licensed dealer.

 

[mrdbeau]

On the form you fill out it will ask you if it's a gift.

Ok. I've only bought one handgun myself from an FFL, and I honestly was too excited to pay much attention to the paperwork.

Is straw defined as "can't legally possess" or "can't legally purchase?"

You can legally purchase a handgun at 18, just not from a federally licensed dealer.

I looked up the wikipedia entry on straw purchases, and it says that the term does not apply (and I'm assuming I would be legally clear) if the firearm being purchased is a gift. And, since she can legally own the gun at 18, then the gift should be legally purchased for her.

So, yeah, I think I'm in the clear, so I'm not going to even bother with it anymore. Now I just have to decide what to get her.

 

[Quas]

Something that won't go bang when she's digging through her purse. Get the opinion of some of the guys on here before shopping or buying.

 

[artabr]

In the link below go to post #26. The quote in the post is word for word taken from the ATF rule book.

http://www.bayoushooter.com/forums/showthread.php?p=68886&highlight=Straw+purchase#post68886

Age wise I would think you would be alright as long as she is 18.



Art

 

[Born4spd]

Get her a ppk.

 

[howellusn]

I'd give it to her at 12:00am the day of her birthday. Then, I'd give her the gun in the morning...I bet it would be a cool surprise!

ROFLMAO!!!! I don't think others caught what you said here lol!

 

[Quas]

I did lol

 

[spanky]

me too

 

[mrdbeau]

Yeah, I got it, I just didn't feel like being a douche after only a few days on the forum.

 

[JadeRaven]

She only needs to be 17 to possess in the state of Louisiana.

Also, I believe 17 is the legal age of consent, but I'd look up the law on that one, you dirty bastard.

 

[sylvest]

Also, I believe 17 is the legal age of consent, but I'd look up the law on that one, you dirty bastard.

it is....ive done the homework myself

 

[Swampy]

I he had said his girlfriend was 14 1/2 then I would have thought he was in Kentucky...