Purchasing firearms online question

[SCAR17S]

If I have someone pay for the items I want to receive to my FFL dealers with their credit card, is that a problem? Or would I just proceed normally and do the NICS paperwork to myself per usual?

 

[fishizzle]

That sounds like a straw

 

[SCAR17S]

What does that mean?

 

[SCAR17S]

Dumb questions but we live in a country with dumb laws, I figure as long as the recipient of the firearm does the paperwork, there should be

 

[fishizzle]

Straw purchase - AKA federal crime. It is illegal to submit a false background check. The application asks you if your 'buying this gun for yourself'.
The FFL may look at the name on the credit card order and not release it.
Just Sayin'

 

[DAVE_M]

Straw purchase - AKA federal crime. It is illegal to submit a false background check. The application asks you if your 'buying this gun for yourself'.
The FFL may look at the name on the credit card order and not release it.
Just Sayin'

He's not asking if it's legal for someone to fill out the 4473 and buy the firearm for him, he's asking if he can fill out the 4473, get approved, and use someone else's credit card to pay for the purchase. There is no cut and dry law on this, but I wouldn't do it, for the sake of giving everyone headaches.

 

[SVTFreak]

He's not asking if it's legal for someone to fill out the 4473 and buy the firearm for him, he's asking if he can fill out the 4473, get approved, and use someone else's credit card to pay for the purchase. There is no cut and dry law on this, but I wouldn't do it, for the sake of giving everyone headaches.

This. Maybe legal but not sure if worth the headache that may come. Get cash advance on the card and use that to pay would be my method.

 

[whitsend]

The issue comes down to who is the intended recipient of the firearm.
If the firearm is for you, but your friend wants to pay for it for you, then that is OK, but as has been said already, it could turn in to a headache.

Now if your friend purchased the firearm with his credit card and filled out the 4473 him self and then gave the firearm to you as a gift, that is legal and might be less of a headache. Assuming you can legally own a firearm.

Now if he uses his credit card and you fill out the 4473 then give the gun to him, that would be a straw purchase. If he uses his credit card and he fills out the 4473 for you and he gives you the gun and you pay him back, that would be a straw purchase.


If the issue is you not having a credit card to pay for the firearm online, the best way would be to purchase a prepaid credit card at a convenient store to pay for the firearm, or even better mail a check to the seller. If it is a new gun available at your LGS, it would be worth extra money it cost to just take the money to the LGS and avoid the hassle.

 

[Cochise]

I am not an expert, but I disagree with everyone in this thread. What possible difference could it make, who's bank account the money goes through? There is nothing anywhere in the law that mentions it. As long as the person who will own the gun is the person who fills out the 4473, and it is filled out honestly and correctly, you should be good to go.

That being said, a prepaid visa from walgreens would eliminate the need to ask this question.

 

[DAVE_M]

I am not an expert, but I disagree with everyone in this thread. What possible difference could it make, who's bank account the money goes through? There is nothing anywhere in the law that mentions it. As long as the person who will own the gun is the person who fills out the 4473, and it is filled out honestly and correctly, you should be good to go.

That being said, a prepaid visa from walgreens would eliminate the need to ask this question.

Then you didn't read the entire thread, because I said it doesn't matter earlier.

 

[Cochise]

Then you didn't read the entire thread, because I said it doesn't matter earlier.

Apologies for over-generalizing.

sensitivity edit* I disagree with what appears to be the consensus of this thread, but not with Dave M.

 

[bjeepin2]

form Cheaper than dirt web page

Firearms are only available online.


All firearm sales are final. NO RETURNS.


Return to manufacturer for warranty service.


Actual buyer must pick up from FFL dealer who will conduct the background check.


Firearm transfer must be the actual transferee/buyer. Click here to see BATFE form- Firearm Transaction Record Part 1.

 

[DAVE_M]

Apologies for over-generalizing.

sensitivity edit* I disagree with what appears to be the consensus of this thread, but not with Dave M.

You also forgot SVTFreak and whitsend; That's 3 out of 4 posters besides yourself and the OP.

Tell me again how you read everything...

 

[Cochise]

You also forgot SVTFreak and whitsend; That's 3 out of 4 posters besides yourself and the OP.

Tell me again how you read everything...

You successfully trolled me the first time, I admit, but that is too obvious, even for me. After a re-read, my first comment stands. I disagree with everyone in this thread because I would do it and wouldn't think twice about it.

Let's say my parent wanted to buy me a birthday pistol, for example, when ordering, I would put all my info in, and use their card number. I would go to the ffl myself and fill out the forms myself, the only thing that is not my personal info is the card number. I wouldn't have a care in the world.

 

[Dranrab]

Perfectly legal. It's no different from someone giving you cash and you using that cash to go into Academy and buying a gun for yourself.

 

[Rainsdrops]

4473 doesn't ask if the intended firearms owner name is on the credit card.
If a person firearm shops online, has it shipped to an ffl, fill out / passes the background check, and use his moms money to pay, is not against the law. It's a shame, that the government, causes the public to be so afraid, of non "typical" firearm related circumstances.

I still don't understand how we got to the point, where we fund the government, and they restrict our lives.

 

[pyreaux]

Ask the ffl you intend to have it shipped to and or an experienced attorney, not "the internet."

 

[rcm192]

As long as the person filling out the 4473 is the actual person that the gun is for it makes sense that the ATF would care a less who or what entity pays for the gun. Im sure the ATF could care a less if gunshops were giving away guns, as long as the person providing the info on the form is the person who the gun is intended for.

Law is all about intention. If you dont think so, study up on it.

 

[whitsend]

As long as the person filling out the 4473 is the actual person that the gun is for it makes sense that the ATF would care a less who or what entity pays for the gun. Im sure the ATF could care a less if gunshops were giving away guns, as long as the person providing the info on the form is the person who the gun is intended for.

Law is all about intention. If you dont think so, study up on it.

Intention can be hard to know.

Let's take the online piece out of the equation.

You and I walk into a LGS, we look at several guns and pick one out for you. As you start filling out the 4473 I pull out my wallet and get the cash to pay for the gun.
If you are the intended recipient of the gun we are legal, but the clerk/owner of the LGS doesn't know if I am just paying for the gun for you, or if you are just filling out the 4473 for me. The clerk/owner may then not sell the gun because it looks like it may be a straw purchase.

The same is true of the original scenario, while legal as described, it could look suspect and cause the FFL dealer to not go through with the transaction.

 

[DAVE_M]

Intention can be hard to know.

Let's take the online piece out of the equation.

You and I walk into a LGS, we look at several guns and pick one out for you. As you start filling out the 4473 I pull out my wallet and get the cash to pay for the gun.
If you are the intended recipient of the gun we are legal, but the clerk/owner of the LGS doesn't know if I am just paying for the gun for you, or if you are just filling out the 4473 for me. The clerk/owner may then not sell the gun because it looks like it may be a straw purchase.

The same is true of the original scenario, while legal as described, it could look suspect and cause the FFL dealer to not go through with the transaction.

And if they are doing their job, they should be looking at the name on the credit card and checking your ID. It's a pet peeve of mine.

I don't sign the back of my cards, because I think my signature is pretty.