Straw Purchase Question

[SAB215]

Just to clarify, because there are too many threads with convoluted information to obtain a straight answer.

Straw Purchase: I ask a family member to purchase a gun for me and I am over18/under 21.

But lets say a family member buys a gun and decides they do not want it.

They can either...

A) Give it to me - I know this is legal
B) Sell it to me - Unsure about this


But, can they purchase a gun with their own money, and then sell it to me the same day? I feel like this is a straw purchase even though I am not providing the initial payment for the gun.

[sig22940]

Why are you having the family member buy you the gun? Why not just buy it yourself?

[SAB215]

Under 21 until February

=(

[ReefBlue]

A straw purchase would be committed anyhow since the entire intent is to get you a gun you would not otherwise be able to buy.


Just wait the entire 6 weeks.

[Curmudgeon]

A straw purchase would be committed anyhow since the entire intent is to get you a gun you would not otherwise be able to buy.


Just wait the entire 6 weeks.

I believe you are half right. He could purchase a firearm as long as a Sheriff is willing to do the transfer. Additionally, I think a straw purchase might involve a person who cannot legally own a firearm.

As long as:

OP is not prohibited in any way, and
Purchase is done by a parent or grandparent who also resides in PA,

They can then give or sell the firearm to the OP, legally, no straw purchase.

IANAL, and this is my opinion.

[Ret-Fed]

In your example, a person would be making a false statement on the Form 4473 when they state that they are buying the firearm for their own use, when in fact they are buying it for you. Knowingly making a false statement on a 4473 would be illegal.

[JasonK007]

I'm wondering if this falls in the gray area because he is legally allowed to own a handgun, just not buy one from an FFL. Either way, I wouldn't take the chance and just wait until Feb.

[Curmudgeon]

In your example, a person would be making a false statement on the Form 4473 when they state that they are buying the firearm for their own use, when in fact they are buying it for you. Knowingly making a false statement on a 4473 would be illegal.

Shit! I didn't think of that... OP, wait 6 weeks.

[tl_3237]

Just to clarify, because there are too many threads with convoluted information to obtain a straight answer.

Straw Purchase: I ask a family member to purchase a gun for me and I am over18/under 21.

But lets say a family member buys a gun and decides they do not want it.

They can either...

A) Give it to me - I know this is legal
B) Sell it to me - Unsure about this


But, can they purchase a gun with their own money, and then sell it to me the same day? I feel like this is a straw purchase even though I am not providing the initial payment for the gun.

This really pushes the envelope but the central issue would be the 4473 buyer's true intent at the time of purchase. If they really bought with the purpose of it being a firearm for their own use then there is no straw purchase. Their problem (and its theirs, not yours, because its their signature on the 4473) however would be convincing a trier of fact that serendipity stepped in when they changed their desires and you showed up with $$$ in a very short period of time and you were underage at the time and therefore unable to purchase it from the same FFL directly.

If you try this don't let me sit on the jury.

[Franchi20/28]

Can't they check the box that says something like "I am purchasing this as a gift for somebody that I can gift a firearm to."? As long as the relationship for the gifting of a handgun is valid?