Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Again, that is NOT true. That is not a "straw purchase". You ARE legally allowed to gift a gun to someone else...that means you can buy a gun and GIFT it to someone else. In many states, if you are gifting to someone in that state, and if you are gifting to someone out of state, it must go to a licensed firearms dealer...which is EXACTLY who she gave the gun to!
A straw purchase is if she KNOWINGLY bought the gun for someone who could NOT legally have a gun. That did not happen in this case.
Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a “straw purchaser” (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee’s business premises is located.
Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.
In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser’s residence address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee’s business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms from the licensee.
An example of an illegal straw purchase is as follows: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. If Mr. Jones fills out Form 4473, he violates the law by falsely stating that he is the actual buyer of the firearm. Mr. Smith also violates the law because he has unlawfully aided and abetted or caused the making of false statements on the form.
Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above example, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473.
The use of gift certificates would also not fall within the category of straw purchases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealer’s records.
if she gave the gun to an FFL then there is no crime. the crime comes in if she gave it to someone who is NOT allowed to own a firearm, in arizona you can get ten years in prison for that.
Again, the way the law is written only CERTAIN FFLs can handle ARs.
"CBS News' Paula Reid purchased an AR-15 for a news segment that aired Thursday on CBS This Morning — and is now being accused of breaking federal law. According to the gun store's general manager, Reid said the rifle was for her own use, but when CBS reported on the story, it revealed she had later given the gun to a third party.
Reid was operating undercover in Alexandria, Virginia, to demonstrate how easy it is to purchase an AR-15. The gun store, SpecDive, contacted the Bureau of Alcohol, Tobacco, Firearms, and Explosives afterward to express concern over a possible straw purchase; the ATF confirmed it knew about the purchase, but did not say if it was conducting an investigation.
"The law is very clear. When you knowingly attempt to purchase a firearm with the intent of giving it to another person, you are trying to bypass the legal pathway to firearms ownership. This, in itself, is a very serious crime. I do not see how any member of the press can get away with potentially committing a felony just to boost their ratings and mislead the general public," SpecDive owner Jerry Rapp"
I hope she's charged with a felony!
You should be charged with pure stupidity.
She did not buy the gun for (at the request of) a third party.
She bought a gun. Used it as she saw fit (in this case for her story)
Then legally transferred it to a federally licensed firearms dealer and weapons instructor in the same state she bought it.
I'd be very careful with that interpretation of the law. An LEO bought a firearm for his Uncle and was charged and lost the case at SCOTUS. Neither the LEO or his uncle were prohibited persons! And the transfer was even done through an FFL.
That had to do with the purchase for someone in a different state (the uncle) who sent him a check for the weapon before Mr Abramski made the purchase.
I'm very anti gun and she should definitely NOT be charged with a crime... she was making a very important point which is a form of speech and further more she works for the media, both of which are protected by the first amendment.
I'm very anti gun and she should definitely NOT be charged with a crime... she was making a very important point which is a form of speech and further more she works for the media, both of which are protected by the first amendment.
What other laws is the media above?
Didn't realize we have different classes of citizens in America.
All animals are equal, some are more equal than others.
I'm very anti gun and she should definitely NOT be charged with a crime... she was making a very important point which is a form of speech and further more she works for the media, both of which are protected by the first amendment.
I would think that enforcing existing laws for purchasing guns would be something you would also support. What the reporter did was to circumvent the FBI background check by purchasing a firearm, when her intent was not to purchase the gun for herself ever. It was done at the request of a third party, her network. She is guilty of a Felony by making false statements on the FORM 4473 section 11a.
I would think that enforcing existing laws for purchasing guns would be something you would also support. What the reporter did was to circumvent the FBI background check by purchasing a firearm, when her intent was not to purchase the gun for herself ever. It was done at the request of a third party, her network. She is guilty of a Felony by making false statements on the FORM 4473 section 11a.
She did not buy the gun for (or at the request of) a third party.
She bought it. (nobody else paid for it)
Used it as she saw fit (in this case for her story)
Then legally transferred it to a federally licensed firearms dealer in the same state she bought it.
Last edited by plannine; 06-18-2016 at 12:08 AM..
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
