Tonik Posted December 22, 2015 Report Share Posted December 22, 2015 There is no money trading hands here, so there is no skirting of the background check laws. It is not considered a straw purchase because there is no money going to the original buyer from the new owner. Handy's or BJ's for said gift are not considered payment as far as I know. The background check covers the sale of firearms from dealer to consumer only, under federal law. Under federal law you can give or sell a gun to anyone as long as you are both residents of the same State and both are not barred from owning a firearm. If your wife is a felon then you are violating the law. Since she has her CHL you clearly know she is not a felon and is not barred from owning a gun. Since you both live in the same house you both live in the same state. Individual States can have additional restrictions. Ohio is not one of those States. There is no legal debate here. And there is no 'loophole' here. The federal government clearly intended to allow personal transfer of firearms when they enacted the law. Just because some anti-second amendment peeps label it a loophole does not make it one. The law is working as the legislature intended it to. Should it be fixed could be open for debate, but current statue is not. 1 Quote Link to comment Share on other sites More sharing options...
jbot Posted December 22, 2015 Report Share Posted December 22, 2015 i don't know why i bother with you simpletons Quote Link to comment Share on other sites More sharing options...
redkow97 Posted December 22, 2015 Report Share Posted December 22, 2015 And there is no 'loophole' here. The federal government clearly intended to allow personal transfer of firearms when they enacted the law. Just because some anti-second amendment peeps label it a loophole does not make it one. The law is working as the legislature intended it to. Should it be fixed could be open for debate, but current statue is not. again, semantics. I would agree that it's not a "loophole" in the sense that it's hardly a hypertechnical process... I think it would be more adequately described as a poorly written rule than a "loophole." Quote Link to comment Share on other sites More sharing options...
smccrory Posted December 22, 2015 Report Share Posted December 22, 2015 I've had similar exchanges with people adamant about open carry. It's not about what's legal and righteous, but about decorum and not giving statists reason to froth. Quote Link to comment Share on other sites More sharing options...
Tpoppa Posted December 22, 2015 Report Share Posted December 22, 2015 It's not a loophole at all and quite intentional. It's the same logic as inheriting your father's gun collection. 1 Quote Link to comment Share on other sites More sharing options...
cuzenjeff Posted December 22, 2015 Report Share Posted December 22, 2015 I was told when I had my FFL audited a couple of years ago that if I have a gun that has been in my ledger book for over a year that I can sell that gun as a private sale to anyone with out doing any paper work or background check. Quote Link to comment Share on other sites More sharing options...
zx3vfr Posted December 26, 2015 Report Share Posted December 26, 2015 I've had similar exchanges with people adamant about open carry. It's not about what's legal and righteous, but about decorum and not giving statists reason to froth.Shut the fuck up Quote Link to comment Share on other sites More sharing options...
smccrory Posted December 26, 2015 Report Share Posted December 26, 2015 Shut the fuck up Merry Christmas to you too douchebag. Quote Link to comment Share on other sites More sharing options...
speedytriple Posted December 27, 2015 Report Share Posted December 27, 2015 I bought a gun yesterday from a store walked out with no background check. An I bought it for a minor at that oh no I'm horrible. I bought my son a new muzzle loader. Lol 2 Quote Link to comment Share on other sites More sharing options...
MidgetTodd Posted December 27, 2015 Report Share Posted December 27, 2015 I was told when I had my FFL audited a couple of years ago that if I have a gun that has been in my ledger book for over a year that I can sell that gun as a private sale to anyone with out doing any paper work or background check.That is absolutely false and if you are an FFL holder you should know that. That will cost you your FFL and gun ownership rights. Quote Link to comment Share on other sites More sharing options...
MidgetTodd Posted December 27, 2015 Report Share Posted December 27, 2015 I know that if I purchase two handguns from a dealer, they have to report the sale to the ATF. Anyone know about purchasing two handguns in the same day from two different dealers? I want to buy a handgun for myself, and one for my wife. For mine, I want to use financing, so there's a particular dealer I want to go to. For my wife's gun, I want to go to Point Blank, because they aren't any more expensive, and are having a "buy in December, shoot in January for free" range deal. There is nothing wrong with this and there is nothing illegal about buying a gun and gifting it to your wife. The illegal part is buying a gun with the intent to resell to another. Also we are not "reporting the sale" we are simply doing a background check to verify you can legally purchase the gun 2 Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.