Buying a handgun from out of state
The plan is me to buy it online, ship to the FFL under friends name, he pays for background check and does the paperwork to transfer into his name, then when I get home he gives it to me. We are both legal to own.
My alternative plan is to call and ask if the gun shop will hold it until I get home if I buy online.
What is preventing you to get it yourself and put it in your name? Out of state on vacation?
Just so I can understand better
Sounds like an illegal straw purchase to me. You would be asking your "friend" to commit a felony (with such friends, who needs enemies).
I quote from the certification on the back of ATF form 4473: "... if I am not the actual buyer is a crime punishable as a felony under Federal law..." see the whole form:
Good question. Go get it or ship to a local FFL and p/u yourself.
Originally Posted by LefteeTris
Why is the friend involved at all?
What he's doing is illegal.
Just buy the gun out of state and have it shipped to an FFL in your state and YOU pick it up after the background check.
Originally Posted by AirForceShooter
Are you in College or Military?
Originally Posted by Delasangre4231
The above posts regarding legality are correct as it appears there is some level of shady going on.
It would appear that in Oregon, person to person transfers of handguns are allowed withouth going through an FFL, provided that the recepient is not a prohibited person.
In reading between the lines, it seems that the original poster may not be returning to Oregon for an undetermined amount of time etc. And he wants the friend to take possesion of the gun to hold until he returns from abroad. Confirmation of this would be very beneficial to the original poster.
The issue regarding legality is that on the paperwork (form 4473) there is a field for "are you the actual buyer" etc. If your friend is using your money, he is not the actual buyer, you are and in circumnavigating the system you are in effect planning a straw purchase:
STRAW PURCHASE The acquisition of a firearm(s) from a Federally licensed firearms dealer by an individual (the straw purchaser) for the purpose of concealing the identity of the true intended receiver of the firearm(s)
STRAW PURCHASER A person illegally purchasing a firearm from a Federally licensed firearms dealer for another person, including for unlicensed sellers, criminal users, juveniles, and other prohibited possessors. Straw purchasers may be friends, associates, relatives, or members of the same gang
If you are legal to possess the gun in Oregon, contact the FFL that you plan on the gun being shipped to and explain why your are not home, he should be more than happy to hold the gun until you return to Oregon.
Nevermind guys. The reason I was asking is because I am out of Oregon for about 2 more months. I want to take advantage of a great deal online and have it sent home. Yes, I am in the military. What I ended up figuring out is I called my shop back home and asked if they could receive it and just hold on to it for a few months until I come back and do the paperwork and pick it up. They said yes so as soon as I can pay for it and have it shipped I am good!
Ah, problem (& our puzzle) solved. Glad you got it sorted.
And THANK YOU for your service.
Originally Posted by Delasangre4231
good deal, closing this one down.
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