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#6076339 - 12/10/15 07:48 AM two hand gun questions
wcromer Offline
Outdoorsman

Registered: 07/03/07
Posts: 87
1.buddy of mine wife wants to carry a hand gun,if he buys it for her to carry,who is the background check on 2she will need to get CHL,what if she does not get the CHL.

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#6076348 - 12/10/15 07:51 AM Re: two hand gun questions [Re: wcromer]
jhenderson Online   content
THF Trophy Hunter

Registered: 02/07/10
Posts: 5058
Loc: The colony
have you ever bought a gun?

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#6076358 - 12/10/15 07:54 AM Re: two hand gun questions [Re: wcromer]
KRoyal Online   sleepy
THF Celebrity

Registered: 01/24/07
Posts: 13637
Loc: Sherman/North of Dallas
If your buddy buys the gun with intentions of giving it to someone else, it is a straw purchase. Yes, he can buy the gun and let his wife use it, but I wouldn't post it on an open forum. If she is not allowed to own a firearm then he could get in really big trouble. Why can his wife not pass the background check? In the state of Texas she does not have to have a CHL to carry in her vehicle, but she does have to have a CHL to carry on her person or her purse. Otherwise it is a felony.
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#6076386 - 12/10/15 08:08 AM Re: two hand gun questions [Re: wcromer]
Tff caribou Online   content
Veteran Tracker

Registered: 08/27/12
Posts: 2998
Loc: Watauga, TX
A background check is not registration. So it doesn't matter who the background check is. It's perfectly legal to buy a gun and give it to somebody, as long as the recipient is legally allowed to own a gun.

If she wants to carry said gun on her person, she better have a chl. Not only is it a felony for her, but we as gun owners should always be opposed to somebody violating a firearm related law. It makes us look bad.


Edited by Tff caribou (12/10/15 08:08 AM)
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#6076414 - 12/10/15 08:21 AM Re: two hand gun questions [Re: KRoyal]
cyphertext Online   content
Tracker

Registered: 09/12/06
Posts: 893
Loc: Wylie, TX
Originally Posted By: KRoyal
If your buddy buys the gun with intentions of giving it to someone else, it is a straw purchase. Yes, he can buy the gun and let his wife use it, but I wouldn't post it on an open forum.


This is incorrect. You can purchase a firearm for a person as a gift. If you are purchasing as a gift, you are the actual buyer of the firearm and the transaction may proceed. See the instructions for question 11A on the attached 4473.

form 4473

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#6076446 - 12/10/15 08:36 AM Re: two hand gun questions [Re: wcromer]
KRoyal Online   sleepy
THF Celebrity

Registered: 01/24/07
Posts: 13637
Loc: Sherman/North of Dallas
I stand corrected, but the definition of 11a is just ignorant. What the OP described is a straw purchase if in fact they are worried about his wife not passing a background check in the first place, there is probably something wrong there. But he'll be able to go in and pass the back ground check for her and give her the gun as a "gift". Now I'm a very staunch supporter of gun rights, but its crap like this that the anti's use against us.
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#6076450 - 12/10/15 08:37 AM Re: two hand gun questions [Re: wcromer]
deewayne2003 Online   content


Registered: 03/19/09
Posts: 4167
I would encourage you to read this from the NSSF (national shooting sports foundation) and notice they also include a link to the ATF site.

http://www.nssfblog.com/giving-a-firearm-as-a-gift-some-reminders-from-nssf/

As for the "A back ground check is not registration" theory....... Did you ever read about all the emails & phone calls that were recorded without a warrant or any other permission??????

If you think they are not doing the same thing with background check information; then you are a VERY trusting person.

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#6076457 - 12/10/15 08:40 AM Re: two hand gun questions [Re: deewayne2003]
Tff caribou Online   content
Veteran Tracker

Registered: 08/27/12
Posts: 2998
Loc: Watauga, TX
Originally Posted By: deewayne2003
I would encourage you to read this from the NSSF (national shooting sports foundation) and notice they also include a link to the ATF site.

http://www.nssfblog.com/giving-a-firearm-as-a-gift-some-reminders-from-nssf/

As for the "A back ground check is not registration" theory....... Did you ever read about all the emails & phone calls that were recorded without a warrant or any other permission??????

If you think they are not doing the same thing with background check information; then you are a VERY trusting person.


I didnt say they don't keep record of it filed away. Or can't access it. Alot of people who havnt purchased many guns believe the background check is a gun registration. And that that gun is tied to them forever, and some kind of paperwork has to be submitted for it to change hands. That's obviously not the case.


Edited by Tff caribou (12/10/15 08:40 AM)
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#6076470 - 12/10/15 08:44 AM Re: two hand gun questions [Re: cyphertext]
flintknapper Online   content
Tracker

Registered: 02/18/15
Posts: 903
Loc: Deep East Texas
Originally Posted By: cyphertext
Originally Posted By: KRoyal
If your buddy buys the gun with intentions of giving it to someone else, it is a straw purchase. Yes, he can buy the gun and let his wife use it, but I wouldn't post it on an open forum.


This is incorrect. You can purchase a firearm for a person as a gift. If you are purchasing as a gift, you are the actual buyer of the firearm and the transaction may proceed. See the instructions for question 11A on the attached 4473.

form 4473



^^^^^^^ Correct, provided the recipient of the weapon can legally own/possess it, otherwise...it constitutes a 'straw purchase'.

As for the CHL, it would be required IF she intends to carry anyplace not directly under her control (basically in the public) or not otherwise restricted. She can have a concealed pistol in her vehicle without a CHL (per the Motorist Protection Act) provided she is not disqualified.

Whoever fills out the 4473 form will be the person who the background check is run on. But no background check will be conducted IF the purchaser is a CHL holder...(Barring some other immediate reason to do so).
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#6076482 - 12/10/15 08:48 AM Re: two hand gun questions [Re: wcromer]
T Bone Online   happy
THF Trophy Hunter

Registered: 09/20/09
Posts: 6955
Loc: Up in the cheap seats..
I don't see where the OP ever said that the wife couldn't pass the background check...
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#6076533 - 12/10/15 09:05 AM Re: two hand gun questions [Re: T Bone]
KRoyal Online   sleepy
THF Celebrity

Registered: 01/24/07
Posts: 13637
Loc: Sherman/North of Dallas
Originally Posted By: T Bone
I don't see where the OP ever said that the wife couldn't pass the background check...


I understand that he didn't say the wife couldn't pass a background check, but normally if someone has to ask if the husband buys a gun for the wife who will the background check be on, normally means hey the husband wants to buy the wife a gun, but she can't pass a background check which is the reason the husband is doing it.

Just the way it seems to me.. Having to ask who the background check will be on normally denotes hesitation for the background check to be performed on the wife.
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#6076593 - 12/10/15 09:35 AM Re: two hand gun questions [Re: KRoyal]
cyphertext Online   content
Tracker

Registered: 09/12/06
Posts: 893
Loc: Wylie, TX
Originally Posted By: KRoyal
Originally Posted By: T Bone
I don't see where the OP ever said that the wife couldn't pass the background check...


I understand that he didn't say the wife couldn't pass a background check, but normally if someone has to ask if the husband buys a gun for the wife who will the background check be on, normally means hey the husband wants to buy the wife a gun, but she can't pass a background check which is the reason the husband is doing it.

Just the way it seems to me.. Having to ask who the background check will be on normally denotes hesitation for the background check to be performed on the wife.


Good point, since he is asking about who the background check would be on, and what if the wife does not get the CHL... at first glance, I interpreted that as she might change her mind about CHL, but after reading your post, I get a whole different vibe when I read the OP.

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#6076604 - 12/10/15 09:38 AM Re: two hand gun questions [Re: jhenderson]
wcromer Offline
Outdoorsman

Registered: 07/03/07
Posts: 87
Originally Posted By: jhenderson
have you ever bought a gun?
yes and your point is??

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#6076906 - 12/10/15 12:15 PM Re: two hand gun questions [Re: wcromer]
Squirrel Sniper Offline
Light Foot

Registered: 03/03/14
Posts: 39
Loc: Mckinney
Without running a background check on the recipient, how can you prove they're legal to own a gun? Just take their word for it? Seems it'd be hard to prove that you knew they weren't legal.
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#6076984 - 12/10/15 01:15 PM Re: two hand gun questions [Re: deewayne2003]
helomech Offline
THF Celebrity

Registered: 11/14/07
Posts: 13306
Loc: Latexo, tx
Originally Posted By: deewayne2003
I would encourage you to read this from the NSSF (national shooting sports foundation) and notice they also include a link to the ATF site.

http://www.nssfblog.com/giving-a-firearm-as-a-gift-some-reminders-from-nssf/

As for the "A back ground check is not registration" theory....... Did you ever read about all the emails & phone calls that were recorded without a warrant or any other permission??????

If you think they are not doing the same thing with background check information; then you are a VERY trusting person.


The background check does not even know if you bought a gun. It simply knows that you WANT TO BUY ONE. Once the background check is cleared you can walk away without buying the gun, and the ATF would not know any difference, unless they get a warrant and look through the paperwork at the gun store.
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