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Re: Wife is here on work visa and wants to get a gift for me =) so we need help!! =/
Posted: Tue Dec 01, 2015 12:16 pm
by VMI77
superchief wrote:I'm an FFL and if you tried that sale through me, I would not take the chance that it was not a straw purchase. please, make it easy on the stupid kid and his manager working at the Academy. you filling out the paperwork and her using her card just "looks" fishy and is going to cause you a lot of grief. why not just have her buy you a gift certificate with her credit card?
I echo that sentiment. I wanted to buy my son a gun but instead of him doing the paper work and me paying I just gave him the cash up front so he did the paper work and paid himself. I figured him doing the paper work and me paying was just asking for trouble.
Re: Wife is here on work visa and wants to get a gift for me =) so we need help!! =/
Posted: Tue Dec 01, 2015 2:27 pm
by lfinsr
As stated above, gift card or cash is the easiest solution. That said, being the tin foil hat wearing, paranoid nut, bitter clinger that I am, I would never buy a firearm with a credit card to begin with. Just my .02 worth.
Re: Wife is here on work visa and wants to get a gift for me =) so we need help!! =/
Posted: Wed Dec 02, 2015 9:38 am
by VMI77
lfinsr wrote:As stated above, gift card or cash is the easiest solution. That said, being the tin foil hat wearing, paranoid nut, bitter clinger that I am, I would never buy a firearm with a credit card to begin with. Just my .02 worth.
I have used a CC at a local store a couple of times but there is nothing on the receipt or transaction except the amount charged and the business....which isn't just a gun store. But I share your paranoia which is one of the reasons I never order ammo over the internet. I have occasionally ordered something that isn't specific to a particular gun, like a scope. Every CC purchase in this country is tracked. On the bright side there are too many to be monitored in real time so it's primarily data that is used to look back at what has been purchased by someone targeted in an investigation. Of course, that doesn't mean that at some future date it can't be used to compile lists of, say, guns individuals have purchased, or quantities of ammo.
Re: Wife is here on work visa and wants to get a gift for me =) so we need help!! =/
Posted: Wed Dec 02, 2015 11:00 am
by LSUTiger
My wife was here on a work visa originally, then we married and her status changed. She still was able to procure a handgun herself before finally becoming a citizen and even before she officially received her permanent resident status (application filed but paperwork was pending at the time).
So the issue as I see it is a straw purchase issue, probably not her legal status.
Personally I think her just giving you the cash is better than the gift certificate option so you just go buy it yourself (avoid legal issues and makes sure you get what you want ) and tell her thanks! That's what I do regardless if my wife gives it to me as a gift or when I beg for forgiveness, because asking for permission is just stupid.
IMHO, the fact that you are getting a gun is what's most important here, not the "gift" aspect of it. My satisfaction over getting a new gun that is exactly what I want and not leaving anything to chance is far more than the surprise (and potential disappointment of complications or getting the wrong thing) of getting it as a gift.
Interesting vid on gift certificate option just in case
https://www.youtube.com/watch?v=2gaeWMfHUWA
Edit:
https://www.atf.gov/file/61446/download
See question 11A and instructions on question 11A
http://www.thetruthaboutguns.com/2014/0 ... ably-kind/
Re: Wife is here on work visa and wants to get a gift for me =) so we need help!! =/
Posted: Wed Dec 02, 2015 11:53 am
by Teamless
Maybe I am a simpleton, but if you know your wife wants to get you a gun, then why can she (1) give you the money (assuming you have different financial accounts), buy it yourself, save the complication (2) if you have the same financial accounts, just buy it yourself and tell her "Thanks"!
As I see it, there is no reason to complicate it.
Re: Wife is here on work visa and wants to get a gift for me =) so we need help!! =/
Posted: Wed Dec 02, 2015 11:54 pm
by hornetfan63
superchief wrote:I'm an FFL and if you tried that sale through me, I would not take the chance that it was not a straw purchase. please, make it easy on the stupid kid and his manager working at the Academy. you filling out the paperwork and her using her card just "looks" fishy and is going to cause you a lot of grief. why not just have her buy you a gift certificate with her credit card?
(Coming from the stupid kid) What is the difference in what you are suggesting and what I have suggested? Not only are our recommendations legally the same, but the law states you can purchase the firearm as a gift. As a FFL you should know this and not deny this type of sale.

Re: Wife is here on work visa and wants to get a gift for me =) so we need help!! =/
Posted: Sat Dec 05, 2015 12:55 am
by Octive09
thanks everyone for your advice! you all really did helped us out with this oncoming purchase. now to answer some of your questions... 1. this is not a straw purchase as the handgun is indeed for me. 2. I am active duty military and due to command and post policy we do need to register our weapons that we purchase within 72hrs (and of course my superiors would know about the purchase, we all talk about our guns especially when we have an addition to the family). 3.reason for my wife using her CC is because she doesn't have the full amount to purchase the G27 gen4 if she did my post wouldn't of had been posted. 4. we do know that the most reasonable thing to do is not use the CC, but she will have that paid and continue building her credit, 5. I do admit that I was wrong that she couldn't obtain a conceal carry permit and or a firearm in general (I always thought you had to be a

citizen but that was my bad) due to her immigration status. it turns out that all she needs is her

ID/drivers license, SSN, passport, and Visa to obtain a conceal permit(which I do want to thank those who shared some links and provided valuable information on that matter).
once again thank you all for your help, FYI, the upcoming purchase will be done by gift card to avoid the ffl transfer and get the purchase over with and start enjoying my new baby at the range!!!
I will keep this post open

to help others who are in the same situation as I was.
Stay blessed

ya'll

Re: Wife is here on work visa and wants to get a gift for me =) so we need help!! =/
Posted: Sat Dec 05, 2015 1:09 am
by Octive09
superchief wrote:I'm an FFL and if you tried that sale through me, I would not take the chance that it was not a straw purchase. please, make it easy on the stupid kid and his manager working at the Academy. you filling out the paperwork and her using her card just "looks" fishy and is going to cause you a lot of grief. why not just have her buy you a gift certificate with her credit card?
We are going with the gift certificate after all, I was not aware that gun shops offered gift certificate to buy firearms until most recently especially since I just go to academy and Walmart to purchase my ammo for the range. so come mid December we are heading to a gun shop to get my gift but thanks for your advise.

Re: Wife is here on work visa and wants to get a gift for me =) so we need help!! =/
Posted: Sat Dec 05, 2015 1:15 am
by Octive09
LSUTiger wrote:My wife was here on a work visa originally, then we married and her status changed. She still was able to procure a handgun herself before finally becoming a citizen and even before she officially received her permanent resident status (application filed but paperwork was pending at the time).
So the issue as I see it is a straw purchase issue, probably not her legal status.
Personally I think her just giving you the cash is better than the gift certificate option so you just go buy it yourself (avoid legal issues and makes sure you get what you want ) and tell her thanks! That's what I do regardless if my wife gives it to me as a gift or when I beg for forgiveness, because asking for permission is just stupid.
IMHO, the fact that you are getting a gun is what's most important here, not the "gift" aspect of it. My satisfaction over getting a new gun that is exactly what I want and not leaving anything to chance is far more than the surprise (and potential disappointment of complications or getting the wrong thing) of getting it as a gift.
Interesting vid on gift certificate option just in case
https://www.youtube.com/watch?v=2gaeWMfHUWA
Edit:
https://www.atf.gov/file/61446/download
See question 11A and instructions on question 11A
http://www.thetruthaboutguns.com/2014/0 ... ably-kind/
I wanted to thank you personally as you are 100% correct. it does not matter what your immigration status is as long as you have the proper documentation, and like I said in my recent post I was under the impression that if you weren't a permanent resident or us citizen you couldn't purchase a firearm but I was wrong all along, in fact come Feb 2016 I will end up sending her to the CC class so she can get her permits even though she doesn't like guns or even care about them like I do.