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ok i (18 years old) wanted a hand gun so my mother got me one as a gift.
in florida you can make a private purchase or be gifted a handgun legaly. also under those laws it says i can have it in my posesion in my house and car or wile fishing camping or hunting.

my question is if i get caught with it by a police oficer one way or another, how do i prove to him its mine and not that i just have my mothers handgun considering the recite that we got from the gun store with the S.N. has her signiture on it.

i didnt ask this at the gun store so i wouldnt make it look like a straw purchas which it realy wasnt but could look like it and from what i understand that is illegal.
 

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Discussion Starter · #4 ·
ya i red all those and many more multiple times but nothing stays anything about taking it out of her name and putting it into mine.
 

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ya i red all those and many more multiple times but nothing stays anything about taking it out of her name and putting it into mine.
I don't think Florida has gun resistration so it doesn't matter. It's yours because you tell the officer it's yours, if they'll even question it, which is doubtful. All that matters is that you're in possession of it and whether you are or are not in any violation.
 

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Well, young man, I would suggest that you stop refering to it as your handgun, and stop talking about how your mother purchased it for you.

A zealous US Attorney might just decide to make a "straw purchase" case against your mother!

Until you are 21 years of age, I think it would be best if the handgun remains your mother's property which she has allowed you to use.
 

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"A straw purchase is any purchase whereby the purchaser is knowingly acquiring an item or service for someone who is, for whatever reason, unable to purchase the item or service themselves."

Unless your Mom has reason to believe you are not allowed to own such item it is not a straw purchase. Buying firearms as gifts for law biding people happens all the time. It is likely I will get at least one from my wife this Christmas and I have bought firearms as gifts. It is not against the law unless you are doing it because you believe or know that the person getting the firearm could not get it on their own.

In FL you are allowed to own a handgun at the age of 18. It is your property if she gave it to you. There is nothing that needs to be updated or proof held that it is your property. The firearm in the state of FL is in nobody's name as we don't have firearm registration. You can not get a carry permit until you are 21 but you can have it in your vehicle for self defense if you choose to. There are some restrictions I can go into if needed.
 

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draw up a gift letter from your mom to you, stating that she loves you very much and is giving you this pistol (list mfr, model, SN), have her sign and date it, tuck it away somewhere very safe.

now you have a paper trail.

you are young, be careful.
 

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It's worth noting that as long as you don't do anything you shouldn't, you are pretty unlikely to have a conversation with a LEO about your gun.
 

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It's worth noting that as long as you don't do anything you shouldn't, you are pretty unlikely to have a conversation with a LEO about your gun.
Exactly. And again, unless I'm wrong about Florida law, he doesn't need to do anything. He needs no "paper trail", receipt etc. No need to complicate things with with laws from those other sad states. :D
 

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Exactly. And again, unless I'm wrong about Florida law, he doesn't need to do anything. He needs no "paper trail", receipt etc. No need to complicate things with with laws from those other sad states. :D
Correct he does not need anything. If an officer has probable cause and runs the serial number and it shows up stolen then that will have to be addressed. If it is in your possession it is yours unless it can proven otherwise. The burden would be on the state to prove it is not your property. The fact it is a gun does not change anything in this regard at least in FL.
 

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A straw purchase is any purchase whereby the purchaser is knowingly acquiring an item or service for someone who is, for whatever reason, unable to purchase the item or service themselves.
Where does this keep coming from??

The law says nothing about the purchase being for someone "unable to purchase the item or service themselves."

This may be a common driver of straw purchases, but is NOT part of the offense of a straw purchase.

A straw purchase is simply lying on the 4473 and saying that you are the actual purchaser when you are not.

Technically using your 19 year old's money to purchase him a handgun IS a straw purchase.
You used someone else's money to purchase a gun for them, so you are NOT the actual buyer.

A gift is still allowed, since at the moment you ARE the purchaser.
 

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I got it from the definition of Straw Purchase on Wikipedia. I don't disagree with you but the OP said his mom bought it for him as a gift not on his behalf.

http://en.wikipedia.org/wiki/Straw_purchase

A straw purchase is any purchase whereby the purchaser is knowingly acquiring an item or service for someone who is, for whatever reason, unable to purchase the item or service themselves.

A straw purchase is not per se illegal in most cases, except as noted below. For example, someone may purchase an automobile for another who, due to poor credit, cannot purchase it themselves. The purchase is not illegal; however most financial institutions (ie Banks) have very strict policies regarding this unscrupulous practice; if the other party defaults on payment, the original purchaser would be liable for the debt even if s/he could not collect the debt and/or repossess the car from the other party.

However, the term is widely used within the context of United States federal gun laws, whereby a straw purchase is defined as any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is acting as a proxy for another person. The law does not distinguish between someone who is purchasing on behalf of a person who legally cannot purchase or possess a firearm, and one who is not. In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor. One of the questions on form 4473 is “I am the buyer of this firearm” and the purchaser must answer honestly yes or no, by checking the appropriate box in ink. However, purchase of a firearm as a bona fide gift for someone who can legally own such a firearm is permitted.

Many gun shops have jointly participated in programs (such as: “Don’t Lie For The Other Guy”) to deter such purchases.

Another example of an illegal straw purchase involves alcohol; these purchases are particularly common as persons under the drinking age (21 in the United States) frequently request that a person above the legal age purchase alcohol for them. If intent can be proven, this action is illegal and punishable according to state and federal law.


Where does this keep coming from??

The law says nothing about the purchase being for someone "unable to purchase the item or service themselves."

This may be a common driver of straw purchases, but is NOT part of the offense of a straw purchase.

A straw purchase is simply lying on the 4473 and saying that you are the actual purchaser when you are not.

Technically using your 19 year old's money to purchase him a handgun IS a straw purchase.
You used someone else's money to purchase a gun for them, so you are NOT the actual buyer.

A gift is still allowed, since at the moment you ARE the purchaser.
 

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Where does this keep coming from??

The law says nothing about the purchase being for someone "unable to purchase the item or service themselves."

This may be a common driver of straw purchases, but is NOT part of the offense of a straw purchase.

A straw purchase is simply lying on the 4473 and saying that you are the actual purchaser when you are not.

Technically using your 19 year old's money to purchase him a handgun IS a straw purchase.
You used someone else's money to purchase a gun for them, so you are NOT the actual buyer.

A gift is still allowed, since at the moment you ARE the purchaser.
I think you're being more technical but he said pretty much the same thing. :D

But you're right, if someone stands in as the purchaser for a someone that cannot legally be a purchaser, it's a straw purchase. The thing is, when it's a parent and child and there's no ill-intentions, in the end how can anything be proved illegal if there was otherwise no resulting illegal activity? They exchanged gifts. :D
 

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A straw purchase is not per se illegal in most cases, except as noted below. For example, someone may purchase an automobile for another who, due to poor credit, cannot purchase it themselves. The purchase is not illegal
You were doing good until you said what I bold and underlined. Anyone can purchase a car for someone else; it's no big deal as you said, the purchase is not illegal.

However, one cannot finance on behalf of the person who will be in possession of it. Whether a person has bad credit or bad breath doesn't keep them from buying anything. It may keep them from financing it if they can't pay for it though, and someone else can't do it for them.

We're off topic but it seems everyone knows what a straw purchase is, although it's completely irrelevant in this thread. ;)
 

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You were doing good until you said what I bold and underlined. Anyone can purchase a car for someone else; it's no big deal as you said, the purchase is not illegal.

However, one cannot finance on behalf of the person who will be in possession of it. Whether a person has bad credit or bad breath doesn't keep them from buying anything. It may keep them from financing it if they can't pay for it though, and someone else can't do it for them.

We're off topic but it seems everyone knows what a straw purchase is, although it's completely irrelevant in this thread. ;)
No problem. The text was not from me it was cut and paste from the Wikipedia page on the definition of Straw Purchase at the link I provided. :)
 

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BATFE has their own definition of 'straw purchase' and it may or may not line up with Wiki.

While a 'straw purchase' may have a general definition, the one for guns is very specific.

If you are NOT the ACTUAL PURCHASER, it is a straw purchase.

The actual owner will NOT appear on the 4473, and you have lied when you answered question 11a. "Are you the actual buyer of the firearm(s) listed on this form?"

It does not matter WHY the actual buyer did not complete the 4473, just that YOU are NOT the actual buyer.
 

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In my first response to this post I raised the issue of "straw purchase", and I stand by the warning given.

Whether or not a conviction can be sustained is a matter for the courts to decide, after many months of stress for the accused and considerable expense in defending against the charge.

The entire process can be avoided simply by NOT raising the issue to begin with. Why expose your mother to the possibility of being named as a defendant?
 

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ok i (18 years old) wanted a hand gun so my mother got me one as a gift.
in florida you can make a private purchase or be gifted a handgun legaly. also under those laws it says i can have it in my posesion in my house and car or wile fishing camping or hunting.
so far so good. please do as much reading a research about FL firearms laws.

my question is if i get caught with it by a police oficer one way or another, how do i prove to him its mine and not that i just have my mothers handgun considering the recite that we got from the gun store with the S.N. has her signiture on it.
don't get "caught" if he asks about any weapons tell him. just make sure they/it is securely encased and transported legally.

i didnt ask this at the gun store so i wouldnt make it look like a straw purchas which it realy wasnt but could look like it and from what i understand that is illegal.

its not (its a gift) its yours now. its your responsibility. act accordingly . :rock:
 
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