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bing_d
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Posted: 7/31/2012 10:00:02 AM
[Last Edit: 8/3/2012 3:51:23 PM by Dog1]

THE IMAGE ABOVE IS A PAID ADVERTISEMENT
I had a deal with 1981 for an Arsenal SGL24-61. We agreed to make a face-to-face transfer with my FFL this Thursday per his request. And on July 30 (yesterday) when I was about to contact my FFL to schedule a time, he welched on me. Below are the copy of our sms conversation.

*****************************************************************************************************************************
1981: The deal on that colt I was buying fell through so I don't have to sell my arsenal. If u still want it I will go through with the deal being I promised it to you.
1981: Did u still ant to meet up Thursday at ur dealer?
Me: I still want to make the deal w you. I'll check with my ffl tonight.
1981: OK.
1981: Hey any chance you'd want to do a flat trade for that ak74 I sold u?
1981: I'd pay extra for the mags...

Me: Thanks but it was a gift for my father in law so I'd keep it
1981: Ok. I'm sorry to back out on you but I'm going to hold onto my Arsenal. I understand if u want to post some neg feedback on ar15.com. I don't feel right about the deal. In case u didn't know you can't buy a firearm to give it to someone else. You have to have that person do a 4473. A person can't buy a firearm with the intent to sell or give it to someone else. That would be a straw purchase.
Me: When he visits me he uses the AK. It still belongs to me.
Me: I understand you want to make sure everything is right. And I'm sure I didn't and have no intent to do anything illegal. The gun I bought from you is owned by me and actually never left my house since my in law was not able to visit due to recent surgery. Please take your time to think about our deal.
Me: Please let me know your final decision by this Wednesday midnight. Thanks.
1981 (immediate reply): I'm sorry but I'm not willing to do the sale.
******************************************************************************************************************************
Dog1
U.S. Rifle, Caliber .30, M1
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Posted: 7/31/2012 10:15:26 AM
Make sure you IM and email him a link to this thread.
Hansan: "This is a .30 caliber, gas operated, clip fed, semi-automatic rifle....."
Soldier: "Look, you ain't sellin it to me, you're only showing me how it works."

bing_d
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Posted: 7/31/2012 10:33:50 AM
IM and email were sent to 1981 with the link to this thread. Thanks.
theal
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Posted: 7/31/2012 11:15:51 AM
The seller is aware that the ATF says you can buy a firearm, fill out the 4473, pay with your own money, and give it as a gift to someone else, right?
I dream of the day when I will learn to stop asking questions for which I will regret learning the answers.

Your problems are utterly alien to me. It's like a bear complaining to a shark that its knees hurt.
bing_d
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Posted: 7/31/2012 11:22:07 AM
Originally Posted By theal:
The seller is aware that the ATF says you can buy a firearm, fill out the 4473, pay with your own money, and give it as a gift to someone else, right?

I assume so. He claims to be a law enforcement officer actually.

Banger
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Posted: 7/31/2012 11:37:07 AM
[Last Edit: 7/31/2012 11:38:42 AM by Banger]
Actually, what 1981 proposed is a straw purchase. The person paying for the firearm must also file the 4473.

ATF-P-5300-4: FEDERAL FIREARMS REGULATIONS REFERENCE GUIDE

15. STRAW PURCHASES

Specifically, the actual
buyer uses the straw purchaser to execute
the Form 4473 purporting to show
that the straw purchaser is the actual
purchaser of the firearm.

Where a person purchases a firearm
with the intent of making a gift of the
firearm to another person, the person
making the purchase is indeed the true
purchaser. There is no straw purchaser
in these instances.
In the above example,
if Mr. Jones had bought a firearm
with his own money to give to Mr. Smith
as a birthday present, Mr. Jones could
lawfully have completed Form 4473.



I shall not fear the arrow by day, nor the terror by night - The Black Sheep
bing_d
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Posted: 7/31/2012 11:49:58 AM
A) What if I changed my mind and wanted to keep the firearm?
B) What if I initially wanted to buy a gun for myself and half an year later decided to give it to someone else as a gift?
Does the law decide whether a person is a straw purchaser based on his thought or action?
Dog1
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Posted: 7/31/2012 11:55:41 AM
Originally Posted By bing_d:
A) What if I changed my mind and wanted to keep the firearm?
B) What if I initially wanted to buy a gun for myself and half an year later decided to give it to someone else as a gift?
Does the law decide whether a person is a straw purchaser based on his thought or action?


In either case you are ok...


Let's keep this on the topic of the seller welch, please.

Hansan: "This is a .30 caliber, gas operated, clip fed, semi-automatic rifle....."
Soldier: "Look, you ain't sellin it to me, you're only showing me how it works."

1981
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Posted: 7/31/2012 3:02:29 PM
bing_d,

If you can guarantee me that the Arsenal is for YOU I am willing to sell it to YOU via ur FFL. Text me after you figure out a time to meet at ur FFL on Thursday. I will NOT sell you the Arsenal if you are planning to give it or sell it to someone else. I follow ALL laws even if I don't agree with them.

1981
Norinco982lover
Just a small town boy, livin' in a lonely world.
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Posted: 7/31/2012 3:33:12 PM
Originally Posted By 1981:
bing_d,

If you can guarantee me that the Arsenal is for YOU I am willing to sell it to YOU via ur FFL. Text me after you figure out a time to meet at ur FFL on Thursday. I will NOT sell you the Arsenal if you are planning to give it or sell it to someone else. I follow ALL laws even if I don't agree with them.

1981


Please see this link page 4, halfway down on lefthand side. You are the actual purchaser of the firearm even if you are buying it as a gift. http://www.atf.gov/forms/download/atf-f-4473-1.pdf
bing_d
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Posted: 7/31/2012 3:40:59 PM
1981,
SMS replied to you. I'll try to continue working on the deal with you.
mag162
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Posted: 7/31/2012 5:24:24 PM
1981 is LEO and a standup guy. FWIW
arodgers
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Posted: 7/31/2012 5:27:31 PM
Originally Posted By 1981:
bing_d,

If you can guarantee me that the Arsenal is for YOU I am willing to sell it to YOU via ur FFL. Text me after you figure out a time to meet at ur FFL on Thursday. I will NOT sell you the Arsenal if you are planning to give it or sell it to someone else. I follow ALL laws even if I don't agree with them.

1981


Sounds to me like you're making up laws and ignoring everyone trying to set you straight.
1981
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Posted: 7/31/2012 7:02:37 PM
Originally Posted By mag162:
1981 is LEO and a standup guy. FWIW


Thanks man! Im trying to do the "right thing" here. I have very good reasons why Im very cautious when selling a firearm in this crappy state. CYA before anything else.

1981
Dog1
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Posted: 7/31/2012 7:12:13 PM
Originally Posted By 1981:
Originally Posted By mag162:
1981 is LEO and a standup guy. FWIW


Thanks man! Im trying to do the "right thing" here. I have very good reasons why Im very cautious when selling a firearm in this crappy state. CYA before anything else.

1981


That I can understand...

Hansan: "This is a .30 caliber, gas operated, clip fed, semi-automatic rifle....."
Soldier: "Look, you ain't sellin it to me, you're only showing me how it works."

APG12
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Posted: 8/2/2012 5:26:27 PM
Originally Posted By mag162:
1981 is LEO and a standup guy. FWIW


+1 FWIW, I can vouch for him.
1981
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Posted: 8/2/2012 6:00:35 PM
Originally Posted By APG12:
Originally Posted By mag162:
1981 is LEO and a standup guy. FWIW


+1 FWIW, I can vouch for him.


Thanks Man!

1981

Dog1
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Posted: 8/2/2012 6:04:01 PM
We are we at on this?
Hansan: "This is a .30 caliber, gas operated, clip fed, semi-automatic rifle....."
Soldier: "Look, you ain't sellin it to me, you're only showing me how it works."

1981
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Posted: 8/2/2012 7:13:14 PM
Originally Posted By Dog1:
We are we at on this?


Dropped the weapon off at my ffl to be transferred today. Once all the paper work is done between bing_d and the ffl he should be GTG.

1981
Banger
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Posted: 8/2/2012 7:16:49 PM
Good job fellows
I shall not fear the arrow by day, nor the terror by night - The Black Sheep
Dog1
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Posted: 8/2/2012 7:17:47 PM
Originally Posted By 1981:
Originally Posted By Dog1:
We are we at on this?


Dropped the weapon off at my ffl to be transferred today. Once all the paper work is done between bing_d and the ffl he should be GTG.

1981


Excellent!
Hansan: "This is a .30 caliber, gas operated, clip fed, semi-automatic rifle....."
Soldier: "Look, you ain't sellin it to me, you're only showing me how it works."

hmaverick
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Posted: 8/3/2012 2:18:28 AM
hmmm. the feedback thread magnet must be working
I woke up on the floor of some Japanese family's rec room, and they would NOT stop screaming!
Bushman_269
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Posted: 8/3/2012 7:18:59 AM
I have dealt with 1981 on several occasions and can attest that he is a stand up guy. Given his location and position I appreciate his caution in dotting all the t's and crossing all the i's.
"Freedom through Victory"

"Those who can ... do
Those who can't ... become site staff"
1981
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Posted: 8/3/2012 7:59:13 AM
Originally Posted By Bushman_269:
I have dealt with 1981 on several occasions and can attest that he is a stand up guy. Given his location and position I appreciate his caution in dotting all the t's and crossing all the i's.


I really appreciate all you guys vouching for me! I did what I could to make things "right" and hopefully bing_d will be along to confirm that things have been corrected.

1981
bing_d
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Posted: 8/3/2012 2:11:19 PM
I just picked up the rifle from the FFL. Everything went smoothly. 1981, nice doing business with you again. I hope you wouldn't have hard feelings on this incident, which I believe was largely due to stupid NY laws and regulations.
Thanks for the help from dog1 and members from ARFCOM to help sort things out. Mod, can you please consider this case closed?
SYSTEM
Posted: 8/3/2012 3:51:34 PM
[Last Edit: 8/3/2012 3:51:34 PM by Dog1]
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