You got to be 21 to buy them in Store I’m 18 soo I can’t but my family member in Georgia has one for sale. I’m just trying make sure it doesn’t go against the law some people said yeah it’s legal some people said don’t do it
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Can a Family memeber sell me a gun?
- Thread starter OmarB1300
- Start date
If your "family member" chose the gun, and bought it before you said you wanted one of that kind, and now wants to sell this gun (to anybody, not just to you) but YOU are interested in buying it...
... and you're both law-abiding persons, not felons, not crazy, not drug addicts, and both RESIDENTS of this state.... sure, do the private sale. You can buy handguns from private citizens at age 18, even if a federally-licensed dealer can't sell one to you until you're 21.
But if you send your sister out gun-shopping for you, and you tell her what to buy, and then she "sells" this new-in-box gun to you, that's a crime. For her, a direct crime of falsely claiming to be the gun's actual buyer on the Form 4473. For you, it would be an inchoate crime-- accessory before the fact, conspiracy, etc. Something like that, depending on how the U.S. Attorney's Office would charge it on the indictment.
... and you're both law-abiding persons, not felons, not crazy, not drug addicts, and both RESIDENTS of this state.... sure, do the private sale. You can buy handguns from private citizens at age 18, even if a federally-licensed dealer can't sell one to you until you're 21.
But if you send your sister out gun-shopping for you, and you tell her what to buy, and then she "sells" this new-in-box gun to you, that's a crime. For her, a direct crime of falsely claiming to be the gun's actual buyer on the Form 4473. For you, it would be an inchoate crime-- accessory before the fact, conspiracy, etc. Something like that, depending on how the U.S. Attorney's Office would charge it on the indictment.
Naw I would never tell my sister to go out and buy me a gun. Someone from a thread I made told me ask a family member who’s 21 to get me a handgun since it was hard for me to get a person to sell me one since I’m 18. But a fellow member told me don’t listen to him cause it’s illegal for a family member to get me one so I’m sticking to what he said. But yeah the micro Draco already been sold to someone else at the gun show
I ran up on this a while back. What we found out is that you can't sell any pistol across state lines without an ffl to do the transfer. Family member or not it has to go thru a FFL. I dont have the document handy, but I couldn't sell or give a pistol to my brother who is a Police Captain in Alabama without going thru the FFL and him doing a 4473.
You cannot sell or give a long gun to someone from another state (family or not) without going through an FFL either.
If it is honestly a gift then it is fine. If you are 18 and you give someone, even a family member the money to buy it for you then not so fine. A parent (or other family member) can buy a handgun for their 18 year old son, daughter, sister or brother as a gift and it is perfectly legal. Even if not a gift it is kind of a gray area because the law says a straw purchase is when you buy a firearm for someone who cannot legally own it or when it is done because the person receiving the firearm does not want their name on the 4473 for what ever reason. An 18 year old can legally own a handgun. They just cannot legally buy it from a federally licensed dealer.
This is true if the seller is an FFL holder does not apply to private sales as long as they are both residents in the same state and 18 year old is not a prohibited person. Just for clairitiy a "straw purchase" is not the crime, providing false information on the 4473 is the crime. One can straw purchase all day long as often as one sees fit as long as an FFL is not involved.
I am sorry but that is not correct. If you knowingly purchase a firearm for someone who cannot legally own it then you have committed a felony straw purchase. It doesn't matter if you bought it from your neighbor or an FFL. It is still a felony.
At 18 you can legally own a hand gun. If you do something stupid and it gets ran, and the police see it was recently purchased by a family member you could get some real grief.
Of course ultimately if you aren't a felon it would be legal to own. Just keep your mouth shut about it.
Of course ultimately if you aren't a felon it would be legal to own. Just keep your mouth shut about it.
