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Gun laws.... #4926009 01/22/14 02:35 PM
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n-all Offline OP
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So I went to Walmart to buy a 22 Plinker for my grand daughter for her 8th birthday..she was at the lease and learned to shoot the 22..so Im like it would be a great first gun for her. The young man at the counter
was showing me the gun and I made mention that this was going to be for my grand daughter as a gift..takes the gun from me and locks it up and says "sorry sir I cant sell you the gun"..just because I was being honest about the deal.New ATF law says one cannot buy any firearm with known intention to pass it on to anyone.So I went to another Walmart..bought the same 22 Plinker..no quetions asked.My first firearm was a Winchester Auto 12 gauge at the age of 15 at a WesternAuto in Mckinney..put it on layaway paid it down and I walked out with it and I still own the gun today..my how times have changed!!!!

Re: Gun laws.... [Re: n-all] #4926016 01/22/14 02:38 PM
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KRoyal Offline
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Man gun laws do suck and all, but I wouldn't have come on an open internet forum and just admitted to the ATF that you broke the law with a straw purchase. Although I think its just stupid to call it a straw purchase when buying as a gift for a family member, but they are the feds.. They aren't very bright.


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Re: Gun laws.... [Re: n-all] #4926031 01/22/14 02:44 PM
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I guess man..its not like its a AR15 ...

Re: Gun laws.... [Re: n-all] #4926032 01/22/14 02:44 PM
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Originally Posted By: KRoyal
Man gun laws do suck and all, but I wouldn't have come on an open internet forum and just admitted to the ATF that you broke the law with a straw purchase. Although I think its just stupid to call it a straw purchase when buying as a gift for a family member, but they are the feds.. They aren't very bright.



loser8

He never said the second one was a gift. :P

Re: Gun laws.... [Re: n-all] #4926033 01/22/14 02:45 PM
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KRoyal Offline
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Originally Posted By: n-all
I guess man..its not like its a AR15 ...


I whole heartedly agree with you man. Stupid laws.


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Re: Gun laws.... [Re: n-all] #4926034 01/22/14 02:45 PM
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Originally Posted By: n-all
...my how times have changed!!!!


It's all for your protection..

Careful serf, you're getting close to the line, get back.

Re: Gun laws.... [Re: KRoyal] #4926036 01/22/14 02:45 PM
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Originally Posted By: KRoyal
Originally Posted By: n-all
I guess man..its not like its a AR15 ...


I whole heartedly agree with you man. Stupid laws.


Bunch of frekkin anarchists in here....

Re: Gun laws.... [Re: BnT] #4926038 01/22/14 02:47 PM
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Originally Posted By: BnT
Originally Posted By: KRoyal
Man gun laws do suck and all, but I wouldn't have come on an open internet forum and just admitted to the ATF that you broke the law with a straw purchase. Although I think its just stupid to call it a straw purchase when buying as a gift for a family member, but they are the feds.. They aren't very bright.



loser8

He never said the second one was a gift. :P


Lol I'm sure they could make something stick.


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Re: Gun laws.... [Re: KRoyal] #4926041 01/22/14 02:47 PM
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Originally Posted By: KRoyal
Originally Posted By: BnT
Originally Posted By: KRoyal
Man gun laws do suck and all, but I wouldn't have come on an open internet forum and just admitted to the ATF that you broke the law with a straw purchase. Although I think its just stupid to call it a straw purchase when buying as a gift for a family member, but they are the feds.. They aren't very bright.



loser8

He never said the second one was a gift. :P


Lol I'm sure they could make something stick.


Oh they can stick something alright... those laws.

Re: Gun laws.... [Re: n-all] #4926049 01/22/14 02:52 PM
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You are allowed to buy guns for a gift. Guy at Walmart was wrong.

Re: Gun laws.... [Re: n-all] #4926063 01/22/14 02:57 PM
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cheers how times have changed scratch could tell ya's some stories. peep i'm postaddic trying ta cut down flag



i'm postaddic
Re: Gun laws.... [Re: n-all] #4926220 01/22/14 03:57 PM
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I'd be buying it for myself and just letting her use it...."FOR THE REST OF HER LIFE"!


HnF

"Prayer is when you talk to the Lord, Meditation is when you listen to what he says"
Re: Gun laws.... [Re: assassinator] #4926229 01/22/14 04:01 PM
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Originally Posted By: assassinator
You are allowed to buy guns for a gift. Guy at Walmart was wrong.


Originally Posted by unclebubba
Just to make sure that it is done thoroughly, I go both ways.

Re: Gun laws.... [Re: n-all] #4927442 01/23/14 01:03 AM
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i was surprised to see rifles at our local walmart...they never carried em til now.


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The Sprinkler Specialist of Dallas
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skype me @ sprinklerspecialist
Re: Gun laws.... [Re: n-all] #4927508 01/23/14 01:29 AM
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This is a lot different than a gift for a granddaughter, but the subject was on Fox News today.

http://www.foxnews.com/politics/2014/01/22/supreme-court-weighs-gun-rights-challenge/

Re: Gun laws.... [Re: n-all] #4927547 01/23/14 01:44 AM
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Try buying a gun in the Peoples Republic of California. ATF says family transfers are still legal but never say its a gift.


Bacon the duct tape of meat
Re: Gun laws.... [Re: TexFlip] #4927593 01/23/14 02:05 AM
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Originally Posted By: TexFlip
Originally Posted By: assassinator
You are allowed to buy guns for a gift. Guy at Walmart was wrong.


Re: Gun laws.... [Re: EricShelton] #4927653 01/23/14 02:28 AM
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Originally Posted By: EricShelton
Originally Posted By: TexFlip
Originally Posted By: assassinator
You are allowed to buy guns for a gift. Guy at Walmart was wrong.



This. You are not allowed to purchase a gun for somebody who isn't legally allowed to. You are allowed to make a purchase and give as a gift for somebody who is legally allowed. Just like you can take any gun out of your gun safe and give it to a friend.


The very atmosphere of firearms anywhere and everywhere restrains evil interference. -George Washington
Re: Gun laws.... [Re: n-all] #4927774 01/23/14 03:24 AM
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Quote:

Texas Penal Code
Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A person commits an offense if the person:
(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife;


Quote:


(c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent.


Just make sure that her parents know to say "yes I gave her permission" if ever asked (as if they wouldn't). But even with this it may have to be proved in court because of the "affermative defense" clause.

BTW, you're a great grandpa! She'll love the plincker.


Re: Gun laws.... [Re: n-all] #4928004 01/23/14 05:48 AM
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I have seen a similar post before where the store was Academy I believe.

As far as I know the clerk was in error. You can buy guns to give as a gift. And I believe it is done all the time. There is even a place on the 4473 form to specify that the gun is for someone else.

Re: Gun laws.... [Re: n-all] #4928013 01/23/14 06:06 AM
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That's ok. It's about a resale issue but it's a first step.

http://www.foxnews.com/politics/2014/01/...tcmp=latestnews

I wonder at what point it becomes a personal property issue. I suppose it's all about intentions anyway.

I'm probably making a bad comparison to begin with. nidea

Hey, since it's all for our protection what could possibly go wrong? bang


Originally Posted By: theserxtremedays
Never underestimate the power of stupid people in large numbers
Re: Gun laws.... [Re: n-all] #4928252 01/23/14 02:27 PM
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Never underestimate the power of stupid people in large numbers

Exactly. Why tell some loser who works at Wal-Mart what your going to do with the firearm. Smart people keep their mouths shut about such things. This exact same post seems to pop up often. Shut your mouth and it won't be a problem.

Re: Gun laws.... [Re: n-all] #4928283 01/23/14 02:42 PM
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I know this guy who bought this gun to give to his son for Christmas. This guy even told the wal mart lady it was a gift (the gun was obviously a youth rifle so it came up) and he was able to purchase no problem.

This was in the Peoples Republic of Common Sense East Texas.


It ain't easy being me.

Re: Gun laws.... [Re: n-all] #4928291 01/23/14 02:44 PM
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What the hell do they think is gonna happen when a grown [censored] man walks in and buys a pink .22 cricket. Its most certainly a gift. I hope.

Re: Gun laws.... [Re: n-all] #4928677 01/23/14 04:55 PM
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I think the first clerk was acting in a good-faith, belt-and-suspenders manner, but I don't think he's correct at all and he's probably overstepping his authority. You can "gift" firearms to minors for supervised, lawful activity in Texas and there isn't actually any law in Texas prohibiting minors from being in possession of firearms, handgun or not, as long as they are doing so in a lawful manner. They can't BUY or OWN firearms until they are 18, but they can possess them for things like lawful plinking or hunting. It doesn't matter what words you used, that is actually YOUR rifle but it is for the specific purpose of your granddaughter's use and enjoyment. Your choice of words at the counter can't make that into a criminal straw purchase. My $0.02.

Of course, being right may not save you from a ride in a squad car - but it will save you from a conviction.

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