Why didn't u put it in your name in the first place ?

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without a chl, do they not let you take possession at that time of day?

They couldnt do anything really. If they tried to get you on straw purchase they would be at fault as well. They should have caught that before they approved the sale.

Yes they might have been able to report a straw purchase. But I think they technically would be liable.

But I dont know. Its up to you to decide on risking that.

You could have argued it as you purchased it as "a gift" for FIL. Buying a gun then gifting it to some one is legal. Buying a gun "for" some one is a straw purchase.

And technically the gun is "in" no ones name. When you fill out a 4473 it is not a gun registration, its simply a check to make sure you are not a prohibited person. The 4473 is filed only at the gun dealers and not with the ATF. The atf has no idea really what you are purchasing, only that a dealer is running a check to decide if you can legally buy a firearm.

How did your FIL fill out the 4473? If he answered yes, that he was the actual buyer of the firearm, then this should've been a zero issue.

Irregardless, if he did answer otherwise, Dick's should've caught this from the inception.

Walmart gun sale was great other than getting there at 330 am for a 5 am sale. Was first inline and bought the Sig Sauer M400. Decent price. Saved about $140.

i was under the impression that these place wont take guns back used, cause that is what they are after you walk out the store, once you leave thats it your gun there are no take backs, plus this place has no power over your chl

This story is jacked up. I'm all pissed off just reading it! I wonder how Dick's processed the "return" paperwork on this one. Any FFL's out there that can chime in?

just because you paid doesnt make it a straw purchase, Ive bought guns for my Dad FIL wife with them there they did the 4473 and I paid. You are allowed to buy a gun as a gift for anyone you want in texas, That said I usually have good dealings with dicks but this is stupid.

Here is where it turns into a straw sale... You CANNOT use someone else's CHL to buy a gun for yourself. Your wife CANNOT use her father's CHL to buy a gun for you. Period. If it was a gift from him to you and you stated as such then that is ok. It's all in the intent of the purchase and the way you explained it here, it IS technically a straw sale and if reported you could have gone to jail for it. I believe it also carries a $10,000 fine as well.

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You had him fill out the paperwork for a gun that was supposed to be for you because he has a CHL and it is faster. It doesn't matter that it was going home with him to be "tweaked." The gun is for you and your wife was gifting it to you. That is what you said.

By law, the way you worded it. It WAS a straw purchase.

I've worked at Academy Sports and if you are of legal age to purchase a firearm and fill out the 4473, you have to be the one to purchase the firearm. No one else may purchase it. The manager will take the firearm and paperwork to the cash register and make sure the person on the 4473 is the one paying for the item, if not the transaction is void. This was in 2009, the policy may have changed.

Their policy now is to allow a gift purchase but they HAVE to state that the firearm is a gift. BUT You cannot have your FIL fill out the paperwork for your wife who is gifting you the gun. By law that is a straw purchase and highly illegal. That is why the store called and asked to have it brought back.

As some of you can tell (and may criticize me for) i have done my best to remove myself from this topic. Thanks for all of your responses and all the info. I learned a lot. However it seems like i can't properly articulate how everything happened exactly and i don't want to back pedal and look like i am covering my tracks or something. Im glad it was returned and nothing else happened. I know now how to go about things better. It was a learning experience to say the least. Again thank y'all for the responses.

Hey, we all have to learn some how.

I in no way condone lieing or breaking the law.

But always remember. The ATF really does not care about what is true and what isnt. Only what it appears to be. The only thing that matters on the 4473 is that everything appears legal. In the end it is just a piece of paper with information that is then filed away in case the gun dealer is ever asked to show records of his sales. Its not what you know, but what you can prove.

Good luck in the future. There is always deals to be had next year. Now you have 12 months to prepare for hte next time.

Very odd and it only makes ones mind wunder what a man from the military had to have done to not be able to apply for a firearm. Somethings are better left off of the internet, than to try & bash a company for trying to not get into trouble.

I'd beg one of the mods to erase this whole thread.

Seems like all you arm chair attorneys need to get all the facts and then take it up with Dick's attorney's.

pot....meet kettle

Well it was a entertaining story at the least.