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two hand gun questions
#6076339
12/10/15 01:48 PM
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Joined: Jul 2007
Posts: 88
wcromer
OP
Outdoorsman
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OP
Outdoorsman
Joined: Jul 2007
Posts: 88 |
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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Re: two hand gun questions
[Re: wcromer]
#6076348
12/10/15 01:51 PM
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Joined: Feb 2010
Posts: 7,251
jhenderson
THF Trophy Hunter
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THF Trophy Hunter
Joined: Feb 2010
Posts: 7,251 |
have you ever bought a gun?
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Re: two hand gun questions
[Re: wcromer]
#6076358
12/10/15 01:54 PM
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Joined: Jan 2007
Posts: 26,198
KRoyal
Texoma Legend
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Texoma Legend
Joined: Jan 2007
Posts: 26,198 |
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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Re: two hand gun questions
[Re: wcromer]
#6076386
12/10/15 02:08 PM
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Joined: Aug 2012
Posts: 4,439
TFF Caribou
Extreme Tracker
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Extreme Tracker
Joined: Aug 2012
Posts: 4,439 |
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.
Last edited by Tff caribou; 12/10/15 02:08 PM.
The very atmosphere of firearms anywhere and everywhere restrains evil interference. -George Washington
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Re: two hand gun questions
[Re: KRoyal]
#6076414
12/10/15 02:21 PM
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Joined: Sep 2006
Posts: 988
cyphertext
Tracker
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Tracker
Joined: Sep 2006
Posts: 988 |
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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Re: two hand gun questions
[Re: wcromer]
#6076446
12/10/15 02:36 PM
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Joined: Jan 2007
Posts: 26,198
KRoyal
Texoma Legend
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Texoma Legend
Joined: Jan 2007
Posts: 26,198 |
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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Re: two hand gun questions
[Re: wcromer]
#6076450
12/10/15 02:37 PM
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Joined: Mar 2009
Posts: 4,574
deewayne2003
Extreme Tracker
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Extreme Tracker
Joined: Mar 2009
Posts: 4,574 |
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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Re: two hand gun questions
[Re: deewayne2003]
#6076457
12/10/15 02:40 PM
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Joined: Aug 2012
Posts: 4,439
TFF Caribou
Extreme Tracker
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Extreme Tracker
Joined: Aug 2012
Posts: 4,439 |
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.
Last edited by Tff caribou; 12/10/15 02:40 PM.
The very atmosphere of firearms anywhere and everywhere restrains evil interference. -George Washington
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Re: two hand gun questions
[Re: cyphertext]
#6076470
12/10/15 02:44 PM
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Joined: Feb 2015
Posts: 5,166
flintknapper
THF Trophy Hunter
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THF Trophy Hunter
Joined: Feb 2015
Posts: 5,166 |
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).
Spartans ask not...how many, but where!
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Re: two hand gun questions
[Re: wcromer]
#6076482
12/10/15 02:48 PM
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Joined: Sep 2009
Posts: 7,981
T Bone
THF Trophy Hunter
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THF Trophy Hunter
Joined: Sep 2009
Posts: 7,981 |
I don't see where the OP ever said that the wife couldn't pass the background check...
I really hate to do what I am about to do, because it will be very painful for you.
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Re: two hand gun questions
[Re: T Bone]
#6076533
12/10/15 03:05 PM
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Joined: Jan 2007
Posts: 26,198
KRoyal
Texoma Legend
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Texoma Legend
Joined: Jan 2007
Posts: 26,198 |
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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Re: two hand gun questions
[Re: KRoyal]
#6076593
12/10/15 03:35 PM
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Joined: Sep 2006
Posts: 988
cyphertext
Tracker
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Tracker
Joined: Sep 2006
Posts: 988 |
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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Re: two hand gun questions
[Re: jhenderson]
#6076604
12/10/15 03:38 PM
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Joined: Jul 2007
Posts: 88
wcromer
OP
Outdoorsman
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OP
Outdoorsman
Joined: Jul 2007
Posts: 88 |
have you ever bought a gun? yes and your point is??
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Re: two hand gun questions
[Re: wcromer]
#6076906
12/10/15 06:15 PM
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Joined: Mar 2014
Posts: 39
Squirrel Sniper
Light Foot
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Light Foot
Joined: Mar 2014
Posts: 39 |
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.
Choot 'em!
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Re: two hand gun questions
[Re: deewayne2003]
#6076984
12/10/15 07:15 PM
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Joined: Nov 2007
Posts: 13,735
helomech
THF Celebrity
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THF Celebrity
Joined: Nov 2007
Posts: 13,735 |
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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Re: two hand gun questions
[Re: wcromer]
#6077037
12/10/15 07:55 PM
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Joined: Dec 2009
Posts: 9,835
The Dude Abides
THF Trophy Hunter
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THF Trophy Hunter
Joined: Dec 2009
Posts: 9,835 |
I am still looking for the perfect apron, one with reinforced knee areas would be perfect.
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Re: two hand gun questions
[Re: helomech]
#6077077
12/10/15 08:30 PM
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Joined: Jan 2007
Posts: 26,198
KRoyal
Texoma Legend
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Texoma Legend
Joined: Jan 2007
Posts: 26,198 |
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. Whoa, blast from the past haven't seen Helomech post in years... Welcome back sir.
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Re: two hand gun questions
[Re: wcromer]
#6080190
12/12/15 09:58 PM
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Joined: Jan 2012
Posts: 9,273
blackcoal
THF Trophy Hunter
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THF Trophy Hunter
Joined: Jan 2012
Posts: 9,273 |
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?
The Greatest Enemy of knowledge is not ignorance, it is the illusion of knowledge.--Stephen Hawking
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Re: two hand gun questions
[Re: KRoyal]
#6080197
12/12/15 10:01 PM
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Joined: Nov 2007
Posts: 13,735
helomech
THF Celebrity
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THF Celebrity
Joined: Nov 2007
Posts: 13,735 |
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. Whoa, blast from the past haven't seen Helomech post in years... Welcome back sir. Thanks buddy, glad to be back.
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Re: two hand gun questions
[Re: blackcoal]
#6080202
12/12/15 10:03 PM
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Joined: Nov 2007
Posts: 13,735
helomech
THF Celebrity
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THF Celebrity
Joined: Nov 2007
Posts: 13,735 |
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? 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.
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Re: two hand gun questions
[Re: helomech]
#6080310
12/12/15 11:25 PM
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Joined: Aug 2012
Posts: 15,569
TexFlip
THF Celebrity
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THF Celebrity
Joined: Aug 2012
Posts: 15,569 |
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? 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.
Just to make sure that it is done thoroughly, I go both ways.
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Re: two hand gun questions
[Re: wcromer]
#6080332
12/12/15 11:36 PM
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Joined: Aug 2006
Posts: 11,657
colt45-90
Texas colt45
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Texas colt45
Joined: Aug 2006
Posts: 11,657 |
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. don't give advice unless you 100% know the law, let your buddy figure it out...
hold on Newt, we got a runaway
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Re: two hand gun questions
[Re: colt45-90]
#6080923
12/13/15 11:55 AM
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Joined: Dec 2013
Posts: 6,925
GasGuzzler
THF Trophy Hunter
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THF Trophy Hunter
Joined: Dec 2013
Posts: 6,925 |
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. 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.
Pass the gravy.
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Re: two hand gun questions
[Re: wcromer]
#6080926
12/13/15 12:09 PM
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Joined: Sep 2010
Posts: 14,523
changedmyname
THF Celebrity
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THF Celebrity
Joined: Sep 2010
Posts: 14,523 |
UCW is a class A misdemeanor, not a felony.
Still wouldn't carry without a chl though.
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Re: two hand gun questions
[Re: TexFlip]
#6081715
12/13/15 10:02 PM
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Joined: Feb 2015
Posts: 5,166
flintknapper
THF Trophy Hunter
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THF Trophy Hunter
Joined: Feb 2015
Posts: 5,166 |
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? 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. ^^^^^^^^^^ Correct.
Spartans ask not...how many, but where!
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