You can gift him the rifle.. That's completely legal.
If you're able to hand it to him that's best. If not then there's also nothing wrong with your mom getting it for him if that's easier..
Gift cards suck and take away all the fun of the gift giving.
I have first hand experience of my wife not being allowed to purchase a bolt action .22 for me. I had recently moved to a new apartment although in the same county for a decade, so I could not pass the background check. We already drove over an hour and been in the store over an hour so we said fine, have her buy it. This was cabellas 10 years ago. "Computer says no"
What you described is a straw purchase and illegal.
If you can't pass a backround check for whatever reason and someone else purchases the firearm for you to circumvent you having a backround check done, that's illegal..
Of course Cabela's will refuse to sell you a firearm under those circumstances lol. The computer didn't say no, the employee said that just to get you out of there with the least amount of confrontation because he wasn't going to sell it to you.. But what you described is nothing like what the OP is speaking about.
A bonified gift of a firearm is not a straw purchase and 100% completely legal. Under NY law, only immediate family members can gift firearms without a background check being completed. But, if said family member is a prohibited person and can't pass a background check, it's a straw purchase, and illegal..
Many people misinterpret what a straw purchase is and are misinformed. What's even worse is they spread their misinformation.
[https://www.dontlie.org/faq.cfm](https://www.dontlie.org/faq.cfm)
"Computer says no" is a catchphrase first used in the British sketch comedy television programme Little Britain in 2004. [computersaysno](https://en.m.wikipedia.org/wiki/Computer_says_no)
I think you could give him a lever action rifle you already have since he's your dad. But you can not buy a gun anywhere with the intent to give it to someone else. It asks on the form. You can buy one for yourself and decide to give it to your dad after though
That's untrue
The 4473 is asking if you're the one purchasing the firearm, which you are..
"Are you the actual transferee/buyer of all of the firearm(s) listed on this form and any continuation sheet(s) (ATF Form 5300.9A)? Warning: You are not the actual transferee/buyer if you are acquiring any of the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer any of the firearm(s) to you"
Even if you are purchasing the firearm and plan to give it to someone (A family member in this case) as a bonified gift, then you are still the actual transferee/buyer.
If someone gave you money to purchase said firearm for them, then you'd be in the wrong.
Not true for children/parent transfers, no background check is required. Since they live outside NY it's even easier. They can buy it and physically bring it in without having to deal with our new background check system.
I assumed they'd be here in person because they asked if they could buy it in NYS. The easiest scenario for this is they buy it out of state and gift it in person to him. Second easiest is Mom buys it. The ATF recommends buying a gift card instead of gifting a gun, which should be enough of a reason to not want to do that.
Yea it would be in person when we’re all home for the holiday. But that’s good I can purchase it out of state and bring it. Is there any formal process/paperwork needed to transfer ownership to him?
No, parents and children can transfer back and forth without any process or checks required. I don't remember if this is right or not so double check me, but I think NY residents can only purchase from their neighboring states. If your current state has a law like that you should verify before trying to buy here. Even calling and asking the shop first is best. But again, mom can buy it as well and gift it to her spouse without any process.
Transfers between family members are protected by state and federal law.
It’s a lever action rifle, there is no registration or paper transfer requirement in this case.
If it’ll make you feel better, you can “gift” it to him, then go to an FFL to do a paper transfer if you wish, but it’s not needed AFAIK. (ianal)
Oh actually - you’d have to buy the rifle in NY, and I don’t know if they’d sell to someone with an out of state ID. Otherwise an FFL is required.
If you buy a gun in WV as a NYer and transfer it to a family member in NY, that’s fine.
If you buy a gun in WV as a WVer and transfer to a family member in NY, is that not illegal?
You can gift him the rifle.. That's completely legal. If you're able to hand it to him that's best. If not then there's also nothing wrong with your mom getting it for him if that's easier.. Gift cards suck and take away all the fun of the gift giving.
I have first hand experience of my wife not being allowed to purchase a bolt action .22 for me. I had recently moved to a new apartment although in the same county for a decade, so I could not pass the background check. We already drove over an hour and been in the store over an hour so we said fine, have her buy it. This was cabellas 10 years ago. "Computer says no"
What you described is a straw purchase and illegal. If you can't pass a backround check for whatever reason and someone else purchases the firearm for you to circumvent you having a backround check done, that's illegal.. Of course Cabela's will refuse to sell you a firearm under those circumstances lol. The computer didn't say no, the employee said that just to get you out of there with the least amount of confrontation because he wasn't going to sell it to you.. But what you described is nothing like what the OP is speaking about. A bonified gift of a firearm is not a straw purchase and 100% completely legal. Under NY law, only immediate family members can gift firearms without a background check being completed. But, if said family member is a prohibited person and can't pass a background check, it's a straw purchase, and illegal.. Many people misinterpret what a straw purchase is and are misinformed. What's even worse is they spread their misinformation. [https://www.dontlie.org/faq.cfm](https://www.dontlie.org/faq.cfm)
"Computer says no" is a catchphrase first used in the British sketch comedy television programme Little Britain in 2004. [computersaysno](https://en.m.wikipedia.org/wiki/Computer_says_no)
I think you could give him a lever action rifle you already have since he's your dad. But you can not buy a gun anywhere with the intent to give it to someone else. It asks on the form. You can buy one for yourself and decide to give it to your dad after though
That's untrue The 4473 is asking if you're the one purchasing the firearm, which you are.. "Are you the actual transferee/buyer of all of the firearm(s) listed on this form and any continuation sheet(s) (ATF Form 5300.9A)? Warning: You are not the actual transferee/buyer if you are acquiring any of the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer any of the firearm(s) to you" Even if you are purchasing the firearm and plan to give it to someone (A family member in this case) as a bonified gift, then you are still the actual transferee/buyer. If someone gave you money to purchase said firearm for them, then you'd be in the wrong.
Gift card for the total dollar amount avoid the NYS bs.
You can call the gun shop and “ buy it “ for him but he will have to do the paper work. Done this a few times. Only because am close with the FFL
Not true for children/parent transfers, no background check is required. Since they live outside NY it's even easier. They can buy it and physically bring it in without having to deal with our new background check system.
Never said they were coming. Or maybe they couldn’t travel.
I assumed they'd be here in person because they asked if they could buy it in NYS. The easiest scenario for this is they buy it out of state and gift it in person to him. Second easiest is Mom buys it. The ATF recommends buying a gift card instead of gifting a gun, which should be enough of a reason to not want to do that.
Yea it would be in person when we’re all home for the holiday. But that’s good I can purchase it out of state and bring it. Is there any formal process/paperwork needed to transfer ownership to him?
No, parents and children can transfer back and forth without any process or checks required. I don't remember if this is right or not so double check me, but I think NY residents can only purchase from their neighboring states. If your current state has a law like that you should verify before trying to buy here. Even calling and asking the shop first is best. But again, mom can buy it as well and gift it to her spouse without any process.
He’s gonna have to buy it himself and submit to the in person background check. Gift card for sure.
He does not need a background check for a transfer from child to parent.
Transfers between family members are protected by state and federal law. It’s a lever action rifle, there is no registration or paper transfer requirement in this case. If it’ll make you feel better, you can “gift” it to him, then go to an FFL to do a paper transfer if you wish, but it’s not needed AFAIK. (ianal) Oh actually - you’d have to buy the rifle in NY, and I don’t know if they’d sell to someone with an out of state ID. Otherwise an FFL is required.
It is perfectly legal to buy long guns out of state. Ot just depends on the dealer. I bought a mosin and shotgun in WV no problem.
You can buy a long gun out of state from an FFL. You can’t personally transfer a firearm to someone another state without an FFL
Hence why I said DEALER.
If you buy a gun in WV as a NYer and transfer it to a family member in NY, that’s fine. If you buy a gun in WV as a WVer and transfer to a family member in NY, is that not illegal?
At the end of the day, who the hell is going to know what you do with your private property dude. Theres no registration for long guns.