Dunham's in Kokomo

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  • shawnppickett

    Plinker
    Rating - 0%
    0   0   0
    Feb 3, 2016
    33
    8
    Indianapolis
    Please post a link to the federal law or Indiana statute that prohibits buying a firearm for a family member that is legally allowed to own one.

    It may be a crappy store policy, but there is no federal or IN state law that prohibits this.
    My bad, I thought the minimum age for a handgun in Indiana was 21, which was incorrect. So basically Dunham's was
    Not really. I dealt with this many times when I worked behind a gun counter.

    Indiana law allows anyone 18 or older who is "proper person" to own a handgun as well as obtain a "license to carry a handgun" to carry that same handgun. Indiana law does not place a restriction on the purchase of handguns. That is federal law.

    Federal law prohibits anyone under the age of 21 from purchasing a handgun from an FFL, not from owning one. Since Indiana law does not align with federal law, this creates a odd situation for 18-20 year old's. They can own and carry handguns, but they cannot purchase them.

    In this case, if the father purchases the handgun as a true 100% gift (no exchange of money, services nor any compensation in any form).....as a true 100% gift, it is permissible for a parent to purchase a handgun for their 18-20 year old child assuming the child is a "proper person".

    What the OP encountered with Dunham's was probably related to their store policy. Most of the people behind the counter at a box store are poorly educated by their employer and often don't know the difference between store policy and the law.

    ATF does not mind true 100% gifts to immediate family members who are "proper persons" (parents - children - siblings) under the age of 21. But once someone is 21 or older, the grey zone is more murky and the ATF gets a lot more picky.

    Because of this added murkiness and pickiness from the ATF, this is how most box stores handle those 21 or older. There viewpoint is that this helps to separate out those who really want to offer a gift versus those who are attempting a straw purchase.

    If a family member wishes to gift a gun to someone 21 or older, the preferred method the ATF mentions is to offer a gift card or gift certificate to the family member. This allows the family member to help pay for the gun all while the 4473 and all related background checks and documents are being run in the name of the person who will actually be the owner of the gun.

    A gift card is not as pretty as a nice shiny new gun under the Christmas tree. But that is how many box stores choose to do business these days.
    I admit, I was under the mistaken impression that you had to be 21 to own a handgun, but as you said, the situation with federal law and the noise that's been made about straw purchases, would make most FFL's tend to err on the side of caution (better to risk pissing off a potential customer than to invite the ATF to raid you business...). I still maintain blaming Dunham for this is a bit unfair, because while what the father and son wanted to do was perfectly legal, it puts Dunham in a less than ideal situation, especially when one considers how, flighty let us say, the ATF can be about enforcing the law, especially if they are left any room to put their own interpretation on said law.
     

    random44

    Plinker
    Site Supporter
    Rating - 100%
    3   0   0
    Dec 27, 2020
    45
    18
    North Central
    I still maintain blaming Dunham for this is a bit unfair, because while what the father and son wanted to do was perfectly legal, it puts Dunham in a less than ideal situation
    That's fine, I personally disagree and will take my business elsewhere. The other members can decide on their own if they want to give Dunham's their business. It doesn't matter to me either way.
     

    ReillyM3

    Plinker
    Rating - 0%
    0   0   0
    Apr 14, 2017
    11
    3
    Columbus
    I saw there were no Dunham threads since 2013, so I thought I'd start a new one instead of bumping an old one. I went to the Dunham's in Kokomo last weekend with my son who just got back from OSUT at Ft. Benning. He wanted to look at handguns so we went to a few other LGS before checking Dunhams. The guy behind the counter would not let my son handle any handguns when he saw he wasn't 21 yet on his ID. I thought, no big deal, and asked, "you can let me see it, right?" The guy said yes, but he couldn't sell me anything because he knew I was buying if for my son.
    So apparently, buying a graduation gift for my son who is in the military is the same as being a straw buyer. I will never set foot in any Dunham's again for any item, let alone firearms. Just thought I'd pass it on.
    I personally will never buy anything in there, but, technically a gift, is a straw purchase if the person you're "gifting" it to isn't able to buy. its a very grey area... keep looking, LGS are always the best place to buy.
     

    random44

    Plinker
    Site Supporter
    Rating - 100%
    3   0   0
    Dec 27, 2020
    45
    18
    North Central
    I personally will never buy anything in there, but, technically a gift, is a straw purchase if the person you're "gifting" it to isn't able to buy. its a very grey area... keep looking, LGS are always the best place to buy.
    The federal law is actually very clear on it, you have to be 21 to purchase a handgun but only 18 to own one. Buying a handgun as a gift for an 18 year old is completely legal as long as they are not a felon or have a domestic violence conviction. So it is not a 'straw' purchase or gray area in this case. I linked the ATF guidance in post #6.
     

    BullDawg327

    Plinker
    Rating - 0%
    0   0   0
    May 15, 2019
    18
    3
    North Indy
    I really like Dunham’s, especially when I was younger. They are a chain, so you have to deal with corporate policy. The employees also are probably not gun people, so they will not be open to suggestions or interpretations. I’m with you though on the gift thing, as long as it’s a true gift to a non-prohibited person.
     

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