Friends 23 yo son got denied handgun purchase, wants father to buy handgun.

[F4E Phantom]

A good friend of mine son’s got denied. 5 years ago(@ age17/18) in another state he was in a mental facility for severe depression(had the court ordered 5150). Today he is much better. He is taking meds. He is a good kid. We have gone to the range, really wants his own gun. Now he wants his dad to sign for it. I told my friend that might be a Straw Purchase. They have the same last name and address.
We are all in Florida. I hope he doesn’t ask me. Kid is very nice and friendly.
LGS said he can appeal, but that can take months.

 

[Rebel_Rider1969]

Yeah, that's something I would stay far away from.

 

[5lima30ret]

Yeah, that's something I would stay far away from.

^^^I completely agree with James on this one!^^^ He probably should contact an attorney to see about getting that corrected through the courts! Good luck!

 

[Snake-Eyes]

Is that a lifelong ban on purchasing for him? If so, he should appeal to have the situation evaluated/corrected.

Your hunch is correct about the straw purchase, though.

Straight from the donkey’s ass:
“Purchasing a gun for someone who is prohibited by law from possessing one, or for someone who does not want his or her name associated with the transaction, is a “straw purchase,” a Federal crime punishable by up to 10 years in prison and a fine of up to $250,000.”

https://www.atf.gov/resource-center/docs/dontlie-postcard-enpdf/download

There are legal risks giving that person unfettered access to a firearm, as is, regardless of whether he’s a good kid and takes his meds.

The father should be very careful and err on the side of caution. Get the son’s record cleared up the right way.

 

[Snake-Eyes]

Another way to look at it:
If the father says “F it, he’s my son and I’ll buy him a handgun if I want”, and he buys one and gives it to his son, not only is the dad guilty of a felony right there (time stamped cut-n-dry at any point in the future), but anything and everything that son may do with that gun is the dad’s fault. If the son goes off his meds one day, slips into depression, and murder-suicide is the result, the dad is responsible in a civil court at a minimum, all while mourning the loss of his son and dealing with the guilt of enabling so much tragedy.

Nope. Not worth it. Get the record fixed legally. He’s old enough to be treated like an adult. He should act like one.

 

[Rebel_Rider1969]

Another way to look at it:
If the father says “F it, he’s my son and I’ll buy him a handgun if I want”, and he buys one and gives it to his son, not only is the dad guilty of a felony right there (time stamped cut-n-dry at any point in the future), but anything and everything that son may do with that gun is the dad’s fault. If the son goes off his meds one day, slips into depression, and murder-suicide is the result, the dad is responsible in a civil court at a minimum, all while mourning the loss of his son and dealing with the guilt of enabling so much tragedy.

Nope. Not worth it. Get the record fixed legally. He’s old enough to be treated like an adult. He should act like one.

<<< This 100% But in my heart I know 2A is for everyone. No one should be barred EVEN FELONS. It was written to include everyone, irregardless. It is black and white in its interpretation.

 

[Scorpio7821]

The dad could buy it and store them for him and transfer the guns to him after he gets the legal stuff straightened out only option I could think off

 

[lil'skeet]

Steer clear of that ol buddy. Especially nowadays.

 

[Tige]

Felony. It may not be right, but it’s a felony

 

[stage20]

The dad could buy it and store them for him and transfer the guns to him after he gets the legal stuff straightened out only option I could think off

I'll pass on this. Not taking a chance for anyone, even my son.

 

[Scorpio7821]

I'll pass on this. Not taking a chance for anyone, even my son.

I meant the dad purchases them and takes the son shooting with them and once the son gets the legalities settled he transfers ownership to him but if he is prohibited from even touching the gun understandable I wouldn't either

 

[RHINOWSO]

5 years ago(@ age17/18) in another state he was in a mental facility for severe depression(had the court ordered 5150). Today he is much better. He is taking meds. He is a good kid.

Don't care. What happens when he stops taking them?

And while innocuous, a 5150 means

"Person, as a result of mental disorder, appears to be dangerous to self, others, or gravely disabled"​

 

[Zeroed in]

So why does the kid "need" a gun? Just go with his dad to the range and shoot one, two or three there. That should curb his desires for a while, maybe?
No real need in "having" his own considering his stability issues. But then again, I guess he could go off at the range, cap his dad, then take one to claim for himself. Wouldn't be the 1st time that scenario has played out.

 

[DAS HUGH!]

I wonder how that all actually works, as far is if he was really 17 when this occurred. Shouldn't that be in a sealed juvenile record loophole kind of thing? If it's still there I would have to guess it happened a little later than they are admitting possibly?

 

[Snake-Eyes]

I didn’t realize that the son isn’t supposed to even have access via family at the range.
In that case, yeah, expedite getting it legally fixed. Otherwise, everyone who takes the kid to the range is risking a lot… legally, morally, whatever. :/

 

[F4E Phantom]

Thanks guys, I’ll tell him to go see a lawyer or something to that effect.
It was supposed to be a 5 year ban from owning.

 

[RHINOWSO]

I wonder how that all actually works, as far is if he was really 17 when this occurred. Shouldn't that be in a sealed juvenile record loophole kind of thing? If it's still there I would have to guess it happened a little later than they are admitting possibly?

Yeah it would be wonderful if all the crazy kids could have their records sealed so they can get guns and do crazy stuff when they are 18...

If you have court order for crazy mental stuff, then you need serious review of your mental ability to own a firearm. Don't want to deal with that? Don't be crazy.

Otherwise, IDGAF.

 

[Rebel_Rider1969]

Yeah it would be wonderful if all the crazy kids could have their records sealed so they can get guns and do crazy stuff when they are 18...

If you have court order for crazy mental stuff, then you need serious review of your mental ability to own a firearm. Don't want to deal with that? Don't be crazy.

Otherwise, IDGAF.

Please read 2A... thank you.

 

[DAS HUGH!]

Yeah it would be wonderful if all the crazy kids could have their records sealed so they can get guns and do crazy stuff when they are 18...

If you have court order for crazy mental stuff, then you need serious review of your mental ability to own a firearm. Don't want to deal with that? Don't be crazy.

Otherwise, IDGAF.

Oh yeah I wasn't implying that's how I think it "should" be. I just see it spoke about alot is all and am asking how that all works as far as mental stuff as well vs criminal history.

 

[RHINOWSO]

Please read 2A... thank you.

Then the kid should have just bought a gun in a F2F sale, but sounds like he's a moron.

And when the 2A was written, kids that were f-ing crazy wouldn't likely make it to adult while still crazy, because someone would put them down.