Is it a straw purchase if person A pays you for a pistol and you transfer to B?

[DMG]

Not sure. He tells the story little different in the bad feedback he just posted about you.

I think he is wrong. If you go to a shop and say you are buying for someone else, anyone else, the sale is off.

On the other hand, if I wanted to buy my brother a gun (as he says he is trying to do) then I could give him the cash, or a gift card. The seller has no information about the source of funds.

I have texts from his number. He left out a bit in his feedback n

[Gripsafety]

I've seen this twice in a LGS. B picks out a gun and A whips out his CC. A is asked for a LTCF. If he doesn't produce one, both are escorted to the door. At gun shows, I've seen this sort of deal flat out declined with no discussion possible.

[Remington788]

I am sure there are legal methods for doing this. I mean, how does a parent buy a youth sized Cricket .22 for their child? The shop knows that it is not likely that the adult will be firing that Cricket. Should they refuse the sale?

A person can buy a Cabella's gift card and give to a friend saying "Happy Birthday, go get that 1911 you wanted". Cabella's gun salesman knows the gift care likely was a gift from someone else. Does that make it a straw sale?

[DMG]

I am sure there are legal methods for doing this. I mean, how does a parent buy a youth sized Cricket .22 for their child? The shop knows that it is not likely that the adult will be firing that Cricket. Should they refuse the sale?

A person can buy a Cabella's gift card and give to a friend saying "Happy Birthday, go get that 1911 you wanted". Cabella's gun salesman knows the gift care likely was a gift from someone else. Does that make it a straw sale?

In the case of the cricket, the same person would be paying and receiving the transfer so it wouldn’t be a problem.

[Emptymag]

I'm just happy to be reading something not related to covid19 or the wearing of masks!

The mystery will be solved, but first there must be drama, opinions, and wild accusations.
I'll pull up a chair...

[Remington788]

In the case of the cricket, the same person would be paying and receiving the transfer so it wouldn’t be a problem.

And they (if they are a responsible parent) maintain control of the Cricket whenever not on the firing line. It is still the parent's Cricket, they just allow the youth to fire it at the range.

[Mr_Gixxer]

4473 11.a. Are you the actual transferee/buyer of the firearm(s) listed on this form?

Is the "/" "and" or "or"? Sounds to me like the person whos name is on the top of the page is the transferee. They don't ask where the money is coming from. If his brother fills out the 4473 and pays with someone elses money what's the problem?

[JDA58]

I'm just happy to be reading something not related to covid19 or the wearing of masks!

The mystery will be solved, but first there must be drama, opinions, and wild accusations.
I'll pull up a chair...

[Hodgie]

I once purchased a rifle on gunbroker for my brother as a Birthday present and had it shipped directly to him since he is a C&R holder. The seller is a large dealer of military collectibles and since my brothers C&R license was good to go he was happy to oblige.

Like everything else in the firearms law world there is always a grey area (unless Gunlawyer comes along and schools me of course) and people need to make the decisions for themselves. If I take my wife or brother to the store they pick out a firearm and run the NICS in their name and pass it then I hand the guy my CC or cash to pay is that illegal? I have seen it done many times and I have read that it's not illegal to do.

As I know it the straw purchase is made when I knowingly purchase a firearm then hand it over to someone who legally couldn't themselves.

Then there is the case where the cop legally purchased a hand gun using his le discount then shipped it to his fathers FFL who legally transferred it to him, and I believe that was considered a straw purchases since that was the true intent of him, the son buying the pistol.

So we are left to make these decisions about what we are comfortable with ourselves and if the OP in this case the seller is not comfortable with the deal then he has the right to say go scratch regardless if it's perfectly legal or not without all the drama and fear of negative press for doing so.

The end.

EM is right, thank god for regular ole gunborad nonsense.

[staylo]

I’m certainly not a lawyer or firearms law expert, but I was under the impression that a straw purchase is when the person undergoing the background check is not the true final recipient of the gun. If this buyer, in this case, really and truly was offering to go to a FFL and have his brother undergo the background check while he paid for the firearm, I don’t see how that’s a straw purchase. I certainly don’t fault the seller for being wary and not wanting to take a chance, but this doesn’t sound like a straw purchase to me.