Is it a "straw purchase" to buy a long gun with the intention to resell to a friend?

[cfp]

Title says mostly everything.

Say theoretically, I had my eye on a long gun, posted for sale from a PRIVATE party, that was listed across the state from me. I can not make a trip across the state and I do not want to deal with shipping. I do however, have a close friend who lives in the same town as the listing, and who travels this way often.

Is it legal for him to:

- Purchase the firearm from the private party himself, with the intention to later sell it again to me? (two transactions, paperworks, etc.)
- Purchase the firearm from the private party himself, with the intention to later gift it to me? (one transaction and one gift)
- Purchase the firearm from the private party "on my behalf" not specifying who the end owner would be (would only work if Bills of Sale were not used)

Both he and I are not prohibited from buying/owning for any reason, both have valid LTCF, etc. There is no "loophole" needed, just a matter of convenience and availability.


I feel that this is sort of a gap in my legal knowledge, and I cannot find this case via google. Everyone knows that this same purchase from an FFL would be illegal, as that paperwork explicitly mentions the case of "purchasing for someone else", aka a straw purchase. However, in a private transaction, there is no such legal issue with "purchasing for someone else", so long as the initial buyer knows that I am a legal purchaser and takes responsibility himself for the second transaction (to me). Right...? Or do straw purchase laws apply to the private sale world as well?

Looking to educate myself here... Thanks in advance!

[free]

Answer yourself this: Who is the ACTUAL buyer of the gun?

If you're confused: https://www.nrablog.com/articles/201...raw-purchases/

A straw purchase is one in which one Person *A* buys a firearm for Person *B*, at Person *B*s* request.

gun-form-880x120.jpg

The fact that you pose this question leads one to believe that there is no way this would be a "bonafide" gift, which WOULD be legal.

[DK23]

Answer yourself this: Who is the ACTUAL buyer of the gun?

If you're confused: https://www.nrablog.com/articles/201...raw-purchases/



gun-form-880x120.jpg

The fact that you pose this question leads one to believe that there is no way this would be a "bonafide" gift, which WOULD be legal.

But according to 6102, a rifle with overall length greater than 26 inches isn't considered a "firearm".

[TDIfan]

I would think that since no .gov forms are being filled out and signed, (where you declare that you are the purchaser), the point is moot. A private long gun sale which is then privately resold to you is not on the .gov books anywhere. I would do it in this case. But I'm no lawyer, nor do I play one on TV.

[free]

I would think that since no .gov forms are being filled out and signed, (where you declare that you are the purchaser), the point is moot. A private long gun sale which is then privately resold to you is not on the .gov books anywhere. I would do it in this case. But I'm no lawyer, nor do I play one on TV.

But he didn't ask if one could get away with a straw purchase. He asked about what is or what is not a straw purchase. The ability to get away with it is a different issue.

[Spaceballs]

If the friend bought it and did an FFL transaction with a background check and then visited you and sold it to you through an FFL with a background check I would think that would evade any grey areas.

I mean yes it's obviously a purchase for you and not him, but with doing the transactions through FFL's it should make everything above board.

The purpose of the law was to keep me.from.using my clean record to buy a gun to give to someone without a clean record.

CHECK MY ANSWER. I am not a lawyer. Don't rely on this advice without double checking it.

[archie19]

If the friend bought it and did an FFL transaction with a background check and then visited you and sold it to you through an FFL with a background check I would think that would evade any grey areas.

I mean yes it's obviously a purchase for you and not him, but with doing the transactions through FFL's it should make everything above board.

The purpose of the law was to keep me.from.using my clean record to buy a gun to give to someone without a clean record.

CHECK MY ANSWER. I am not a lawyer. Don't rely on this advice without double checking it.

Ask the retired cop from either NJ or NY who thought the same thing but was convicted of a straw purchase even though both sales went though an FFL...

[TDIfan]

But he didn't ask if one could get away with a straw purchase. He asked about what is or what is not a straw purchase. The ability to get away with it is a different issue.

True. Definitely a very gray area. I'm sure someone will be along soon that is more knowledgeable to the intricacies of this scenario. Like I said, I would do it in this case with no worries. Especially if the gun is highly desirable and I wanted to buy it before it was gone, or where 2 transfer fees would push the price over what I would be willing to pay.

[TDIfan]

Ask the retired cop from either NJ or NY who thought the same thing but was convicted of a straw purchase even though both sales went though an FFL...

Yes, because this was planned and the first guy lied on the .gov form. No form, no lies, no signature, no paper trail.

[archie19]

Yes, because this was planned and the first guy lied on the .gov form. No form, no lies, no signature, no paper trail.

I don* speak for spaceballs but he seemed to suggest that since both sales went through an FFL, everything was cool. You are correct that the first guy lied. The question is, does the lack of paperwork needed negate the *straw purchase* scenario...