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no she didnt commit that crime, sorry but she did not go in to purchase the weapon for someone that was not allowed to own a firearm, thus there is no straw purchase.
no she didnt commit that crime, sorry but she did not go in to purchase the weapon for someone that was not allowed to own a firearm, thus there is no straw purchase.
she bought the firearm and then gave it to a 3rd party. that is called a straw purchase. it is on every 4473.
no she didnt commit that crime, sorry but she did not go in to purchase the weapon for someone that was not allowed to own a firearm, thus there is no straw purchase.
I already gave the ATF notes saying that exact thing is illegal.
she bought the firearm and then gave it to a 3rd party. that is called a straw purchase. it is on every 4473.
A “straw purchaser” is a person who is not the “actual buyer” of the firearm and sells or transfers a firearm or ammunition
to any prohibited persons (a licenced dealer is not a prohibited person); that is, a person who obtains a firearm for another person. (Page 6 - https://www.atf.gov/firearms/docs/fe...30015/download)
She did not buy the gun for (or at the request of) a third party.
She bought it for herself.
Used it as she saw fit (in this case for her story)
When she was done with it she legally transferred it to another federally licensed firearms dealer in the same state she bought it.
she bought the firearm and then gave it to a 3rd party. that is called a straw purchase. it is on every 4473.
Quote:
Originally Posted by shooting4life
I already gave the ATF notes saying that exact thing is illegal.
once again she did not buy the firearm for someone. she bought it to prove a point, then she turned it to an FFL dealer. as far a i can see there is no crime here.
once again she did not buy the firearm for someone. she bought it to prove a point, then she turned it to an FFL dealer. as far a i can see there is no crime here.
Normal people have been arrested and charged for this exact same thing.
I bet you think David Gregory didn't break any laws either.
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.
Your first paragraph is spot on. However, the law is a bit F'ed up. You can give a gun as a gift, legally. And buy it with the intent to do so. However, you run into trouble if the other person gives you money for the gun, EVEN IF THEY ARE LEGALLY ABLE TO OWN ONE. So if your wife asks you to pick up a gun for her and gives you money for the purchase-you have committed a federal felony if you buy it for her. If however you buy it with your money and give it to her as a gift, it's perfectly legal. If you go to the gun store and find out they got a shipment of guns in that you and your co-worker have both been looking for, if you call him and let him know, and he says "I can't get over there, buy it for me and I'll pay you tomorrow"-do so and you're a felon-even if he is legal to buy. If however, you don't talk to him, buy two guns, he asks to buy one the next day and you sell one to him, you're legal (afaik).
Gun laws are screwy-and probably the most regulated product in the country. With the most ways for a responsible person to unknowingly break the law and commit a felony. Put a handgun up for sale in your local paper and sell it to someone that shows up-all perfectly legal as a private sale (per federal law, some states different). Unless that person happens to be from the state next door. Live 5 miles from a state border and work with someone from the other side? You can't sell it to him unless you go through a FFL. Someone that lives 500 miles away from you, but in the same state? Perfectly legal.
Live a couple states away from your parents? Go to their house for a visit and dad gives you one of his guns? Sorry, no, not out of state. Go through a FFL in the state just to get a family heirloom. Or if it's a handgun, take it to an FFL in that state, ship it to an FFL in your state where you can finally pick it up (after paying a good bit of money for two transfers, paying for shipping, and run the risk of having the gun stolen enroute). Put it in your suitcase and take it home? Felony? (all this AFAIK, would like to hear from anyone more knowledgeable).
In the case of the OP, AFAIK if she bought it as a "gift", and received no money for the gun, she should be legal. If however the FFL paid her for it, it's a sticker situation. If they had an agreement prior to the purchase that the 2nd FFL would pay cash for it, to the best of my knowledge that is a federal felony.
Last edited by Toyman at Jewel Lake; 06-18-2016 at 12:32 AM..
Right, it's about the media elite and the different rules that they have compared to the rest of us serfs.
If following the rules makes you elite, it's no wonder your a serf. (you made the claim)
Last edited by plannine; 06-18-2016 at 12:09 AM..
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