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  1. #1
    MOODUKKWAN2 is offline Junior Member
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    Buy for someone in virginia

    I want to buy a fns-9 on the internet in new jersey but would like to have it shipped to virginia instead of n.j. As a gift...do i have to go thru a lot of transfer fees etc if i am not the owner of the gun at any time...but just pay for it...thanks

  2. #2
    SouthernBoy's Avatar
    SouthernBoy is online now Senior Member
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    I'm am quite sure that this is a federal crime. Think straw purchaser. Check with the laws in New Jersey, but you would probably be able to just buy the gun in NJ, then arrange through an FFL to have it transferred to an FFL in Virginia where it could be held for you to take delivery. I'm pretty sure that you can't designate someone else to take delivery in Virginia, but I don't know this to be true. Best bet is to check with a local FFL before you commit to anything.

  3. #3
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    What you are describing is called a "straw purchase," and it is illegal. See form 4473 listed below.

    http://www.atf.gov/forms/download/atf-f-4473-1.pdf

    In particular, see question 11a

    a. Are you the actual transferee/buyer of the firearm(s) listed on this form?
    Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you. (See Instructions for Question 11.a.) Exception: If you are picking up a repaired firearm(s) for another person, you are not required to answer 11.a. and may proceed to question 11.b.


    Good luck

  4. #4
    VAMarine's Avatar
    VAMarine is online now Administrator
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    Re: Buy for someone in virginia

    Before we brand him a wanna-be felon...

    Are you a NJ resident?
    Are you a VA resident?

    Who are you wanting to gift the gun to?

  5. #5
    VAMarine's Avatar
    VAMarine is online now Administrator
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    Also...

    See pg 4 of the 4473 on the ATF website
    http://www.atf.gov/forms/download/atf-f-4473-1.pdf
    Question 11.a. Actual Transferee/Buyer:

    For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or

    otherwise acquiring the firearm for yourself(e.g., redeeming the firearm frompawn/retrieving it from consignment, firearm raffle winner). You are also theactual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party.


    ACTUAL TRANSFEREE / B
    UYER EXAMPLES:

    Mr.Smith asks Mr. Jones to purchase a firearm for Mr.

    Smith. Mr. Smith gives Mr.Jones the money for the firearm.
    Mr.
    Jones is NOT THE ACTUAL TRANS-FEREE/BUYER of the firearm and must answer

    “NO”to question 11.a. Thelicensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown

    goes to buy a firearm with his own money to give to Mr. Black as a present,
    Mr. Brown is theactual transferee/buyer of the firearm and should answer“YES”

    to question 11.a. However,you may not transfer a firearm to any

    person you know or have reasonable cause to believe is prohibited under 18
    U.S.C.

    922(g), (n), or (x).
    Please note: EXCEPTION:
    If you are pickingup a repaired firearm(s) for another person, you are not required to answer

    11.a. and may proceed to question 11.b.
    From an ATF FAQ: ATF Online - Training - Firearms - Federal Firearms Regulations Reference Guide Learning Theater - Straw Purchase Attempt Transcript
    What if a customer who qualifies to own a gun buys a firearm as a gift for someone else?
    Mr. Lucas The same rules apply. A transaction is legal as long as the person who fills out form 4473 does so truthfully and completes it as the actual purchaser. In that particular situation, we usually like to make sure they are aware of the rules associated with ATF I 5300.2. Again, you should feel comfortable denying the purchase if you think the customer is being dishonest in any way.
    Keep in mind that a straw purchase is a purchase in which the actual purchaser uses someone else — a.k.a. the “straw person” — to purchase the firearm and complete the paperwork. Generally, the straw purchaser is used because the actual purchaser is not eligible to conduct a transaction because he or she is a felon or other prohibited person. However, a straw purchase occurs even when the actual purchaser is not a prohibited person. The crime committed is knowingly making a false statement on the Form 4473 indicating that the straw purchaser is the actual purchaser, when this is not the case. Additionally make sure you familiarize yourself and anyone who purchases a firearm as a gift with the rules associated with the ATF I 5300.2 pamphlet.
    If the OP, purchases a gun on-line, and has it shipped to a receiving dealer in VA where the person accepting the gift is, and that person receiving the gun as a gift goes in and fills out the 4473 as the actual TRANSFEREE, it should be legal.

  6. #6
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    I would say I stand corrected, but I'm reclining on a couch, so, I recline corrected.

    Thank you for your research.

  7. #7
    MOODUKKWAN2 is offline Junior Member
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    Not a straw purchase..in new jersey

    Quote Originally Posted by MOODUKKWAN2 View Post
    I want to buy a fns-9 on the internet in new jersey but would like to have it shipped to virginia instead of n.j. As a gift...do i have to go thru a lot of transfer fees etc if i am not the owner of the gun at any time...but just pay for it...thanks
    All is well.....I have purchased a GSG 1911 .22LR ONLINE and having it shipped to a FFL dealer in New Jersey where I can pick it up etc......thanks for the responses.....FRANK:

  8. #8
    VAMarine's Avatar
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    Quote Originally Posted by MOODUKKWAN2 View Post
    All is well.....I have purchased a GSG 1911 .22LR ONLINE and having it shipped to a FFL dealer in New Jersey where I can pick it up etc......thanks for the responses.....FRANK:


    OK....but you still want to transfer it so someone in VA? Correct?

  9. #9
    VAMarine's Avatar
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    Quote Originally Posted by high pockets View Post
    I would say I stand corrected, but I'm reclining on a couch, so, I recline corrected.

    Thank you for your research.

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