Want to purchase wife a new pistol as a gift.

[rahlquist]

Wife has expressed interest in replacing her Ruger P345 with a P95. I'd like to get her the p95 as a gift, but not sure how I can go about that or if I can and get the gun put in her name? Any comments thoughts or suggestions? We are both CW permit holders.

 

[richardnorton]

Well if you seriosly read the 4473 you will find that forqueston number 1, where the question is asked are you the purchasher o this firearm, you would answer yes i you are buying it for youself, and they go on to say the firearm can be purchased for another personas long as it is a gift, for anyone, not just a member of you family. As far as gettingit pu into her name,why is that a question,no knowing wat state you reside in, the BAFTE form 4473 does nothing but record the first buyer from a retail establish. If you have ever sold or traded a firearm you would have the same problem. If you state rquires you register a handgun you can always register it to her if you wish. The long and short of it is buy the pistol and give it toher an let the government figure it out if they havea need to do so.

 

[Felix]

I take it from the forum sub-section where this was posted, the OP is from GA although it appears he chose not to share that info on his profile. Making that assumption, I'm not familiar with the GA statutes but I will point out that part of Rich Banks' troubles (Dickson City, PA 'Dirty Dozen' OC arrest fame) were related to his BUG's serial number being tied to his spouse's name. It eventually got sorted out but might have prevented confiscation of the BUG had it been in the primary carrier's name.

So I'd think the OP should scrutinize his state statutes to see if there are any reasons why it might make better sense to ensure the weapon is transferred to his spouse's name if she'll be the primary carrier.

 

[tbone1964]

It would just be easier to purchase the firearm and when picking it up put the form 4473 in her name..of course making sure she is present,that would avoid any later issues.

 

[NavyLCDR]

There is no record keeping requirements in Georgia for private sales/transfers/gifts of firearms. Husband buys the gun from the dealer, does the 4473 in his name, he is the actual purchaser of the firearm, he takes it home, wraps up the box and gives it to his wife.

Hundreds of thousands of private firearms transactions happen like this every year.

 

[Felix]

No state record keeping requirement in PA either, Lt; however, that doesn't stop the PA State Police from maintaining a so-called 'sales database' of all handguns purchased (within PA) and tying the serial number to a name. That's what tripped up Banks...the BUG he was carrying wasn't registered in his name when the cops ran the serial. So they confiscated it. He tried to argue it was an "illegal" database since it wasn't formalized/verified/updated periodically but that didn't fly.

I don't know what they do in GA but if I were the OP I'd ensure the FFL paperwork and sales receipt reflected the primary carrier so everything was nicely tied up. I might keep a gift secret from my kids and not consult them beforehand to ensure it was something they'd really want but a handgun for my spouse is a little too personal to buy without her direct input. And at that point, I'd just have the paperwork done up in her name. But that's merely a personal opinion, there's no right nor wrong way concerning the federal handling of firearms gifts, particularly among family members. Unfortunately, leeway also means there's lots of room for interpretation among those who enforce what's on the books.

 

[NavyLCDR]

But that's merely a personal opinion, there's no right nor wrong way concerning the federal handling of firearms gifts, particularly among family members.

In Federal firearms laws there is no difference between family members and complete strangers.

 

[SGB]

NavyLT has it spot on. No problem gifting a firearm as long as the giftee can legally own one. My wife carries the M&P 9c I bought her.

 

[rahlquist]

Thanks guys! I went ahead and got it today and gage it to her, she was very pleased to say the least.

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P.S. Felix I get the hint LOL!

 

[NavyLCDR]

My wife's first firearm gift:

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[copelandtm]

My wife paid for both of our 9mm's and we did not have any trouble putting mine in my name. It is not who pays only the name on the ownership papers.

 

[NavyLCDR]

My wife paid for both of our 9mm's and we did not have any trouble putting mine in my name. It is not who pays only the name on the ownership papers.

Can we ask exactly HOW yours got put into your name?

 

[Psyk00diver]

Can we ask exactly HOW yours got put into your name?

I'm guessing the same way I did when I lived in California back in the early 90's. Walked into the police station with it in a locked Cal DOJ aproved locked carrier ( it was field stripped, the cop laughed her ass off as I started passing it peice by peice under the glass.) , and asked to have it transfered in to my name from my grandmothers Name when she passed on. Not to mention that I had to register the 3 15 round mags that she had for it before the hi cap ban date.

 

[NavyLCDR]

I'm guessing the same way I did when I lived in California back in the early 90's. Walked into the police station with it in a locked Cal DOJ aproved locked carrier ( it was field stripped, the cop laughed her ass off as I started passing it peice by peice under the glass.) , and asked to have it transfered in to my name from my grandmothers Name when she passed on. Not to mention that I had to register the 3 15 round mags that she had for it before the hi cap ban date.

My question was directed to a poster who lives in GA. GA has no firearms registration, that's why I was wondering how he accomplished it.

 

[BruceGAtl]

I think a LOT of folks mistake the paperwork (standard ATF 4473) they do when purchasing a gun a store as a "registration". Not so... (although it certainly feels like it). That paperwork stays with the dealer and is not submitted to any agency for record keeping.

At most, even is a private sale, there is no actual transfer paperwork - most of us create a bill of sale in the
event that some agency tries to do an end to end trace of the weapons history.

But here in Georgia - No registration - no transfer required - the only MAJOR issue is that IF by some strange chance his wife was ineligible to own the gun - then this could be considered a straw purchase, if she's good... then it should all be good... (btw - I would phrase it that he is purchasing the handgun for himself and will then later gift it to his wife - he is NOT purchasing it on behalf of his wife... fine line - but that is what straw purchasing is all about...)