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.

have you ever bought a gun?

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.

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.

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

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.

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.

^^^^^^^ 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).

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.

yes and your point is??

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.

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.

Whoa, blast from the past haven't seen Helomech post in years... Welcome back sir.

Minor correction to experts opinions?? Under the castle law doesn't the gun owner have the right to carry the weapon from their auto to their place of work?

Thanks buddy, glad to be back.

I don't think that is part of the castle law, but I could be wrong. I believe it is in the penal code. You can carry a gun to and from you car and dwelling. Place of work is not covered under this. That would be if you have a CC license to carry to work, if your work allows it.

MPA allows this not Castle. Castle allows you to defend your vehicle as an extension of your home. MPA allows you to carry in your vehicle (and between residence or property under your control and your vehicle) without having a CHL.

don't give advice unless you 100% know the law, let your buddy figure it out...

Thank you. Finally the correct answer.



Lots of comments without reading the OP's question.



Lots of reading into his question things not there.

UCW is a class A misdemeanor, not a felony.

Still wouldn't carry without a chl though.