Straw Purchase?

[scoutjoe]

Ok lets play in the realm of theory here for a minute.

Somebody from out of state wants to buy an M1 garand, but can't make it up here for a bit. If he sends me the check and I buy it with the full intent to sell (actually give) it to him....that makes it a straw purchase right?

I think the safer option would be to have the shop "hold" the gun with a deposit of some sort. Then he could go up with the balance.


Thanks guys

[fingers80002]

cut and gleaned "straw".

[Frenchy]

Originally Posted by scoutjoe

Ok lets play in the realm of theory here for a minute.

Somebody from out of state wants to buy an M1 garand, but can't make it up here for a bit. If he sends me the check and I buy it with the full intent to sell (actually give) it to him....that makes it a straw purchase right?

I think the safer option would be to have the shop "hold" the gun with a deposit of some sort. Then he could go up with the balance.


Thanks guys

Wrong a Straw purchase is only if you know the other party can't buy or own the gun on his own. You can buy a gun and gift it to some one if you have no reason to bellieve he is not capable of owning it.

[gnbrotz]

Interesting post. In my mind, straw purchases are used to circumvent the law for those who can't purchase guns legally.

If you've found a 'deal' that this friend wants to take advantage of, but can't do so in person or within the time frame required, no law is broken as long as the transfer from you to him is done legally as well (ie - required paperwork, etc.).

It's my understanding that it is legal for you to sell or gift a gun to another party who is not disqualified as long as you do so following the established legal procedure. It shouldn't matter whether you've owned the gun for one hour or 50 years.

[Xringshooter]

gnbrotz and frenchy are correct. IF you know for certain that this person can legally own a gun than this would not be a straw purchase.

A "straw purchase" is when the actual buyer of a firearm uses another individual to fill out the federal firearms transaction form due to the fact that the actual buyer may be prohibited from making the purchase.

[knight0334]

No matter what, if the out of state person wants to take ownership - it must be shipped to a FFL in his home state since he/she isn't buying it directly from a FFL here. If you buy it, the transfer becomes a private one and for interstate transfers to be legal between private persons - a FFL on receiver's state needs to be part of the loop.

[MarcS]

Originally Posted by Frenchy

Wrong a Straw purchase is only if you know the other party can't buy or own the gun on his own. You can buy a gun and gift it to some one if you have no reason to bellieve he is not capable of owning it.

wrong, since 1995 the ATF has made clear that it considers it a straw purchase if you are buying a gun for--or buying with the intent of selling to--another person, regardless of their eligibility to purchase firearms. The only way it is not a straw purchase is if it is a gift. As you are receiving money for the express purpose of buying a gun, it is not considered a gift. How the ATF will know the difference is anyone's guess.

If you don't know the law, don't give legal advice.

[fingers80002]

Originally Posted by knight0334

No matter what, if the out of state person wants to take ownership - it must be shipped to a FFL in his home state since he/she isn't buying it directly from a FFL here. If you buy it, the transfer becomes a private one and for interstate transfers to be legal between private persons - a FFL on receiver's state needs to be part of the loop.

exactly, otherwise, it's a straw.

[MarcS]

You people all need to read the back of a form 4473 sometime. If you were given money to buy the gun for someone, it is a straw purchase, regardless of that persons eligibility to own the gun.

[Seneca Arms Co. Inc.]

I also think Marc is correct. Lots of ambiguity with regard to Straw purchases under scenarios such as this. I always go the conservative route and in this case I would consider it a straw.