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Posted: 1/4/2012 4:32:36 PM EDT
My dad asked me this and I couldn't give him a good answer. The only thing I could come up with is the intention behind each one.

Posted Via AR15.Com Mobile
Link Posted: 1/4/2012 4:33:38 PM EDT
[Last Edit: 1/4/2012 4:34:32 PM EDT by LTBeas]
Straw= Someone that can not legally own one.

EDIT

buying one for your little old granny = gift

buying one for your cousins babies daddy out the pen because he can't pass the check = straw
Link Posted: 1/4/2012 4:34:20 PM EDT
Originally Posted By LTBeas:
Straw= Someone that can not legally own one.


And the source of the money.
Link Posted: 1/4/2012 4:35:15 PM EDT
[Last Edit: 1/4/2012 4:35:23 PM EDT by Chris_1522]
Link Posted: 1/4/2012 4:35:29 PM EDT
[Last Edit: 1/4/2012 4:44:00 PM EDT by david_g17]


What is a straw purchase?

A straw purchase is an illegal firearm purchase where the actual buyer of the gun, being unable to pass the required federal background check or desiring to not have his or her name associated with the transaction, uses a proxy buyer who can pass the required background check to purchase the firearm for him/her. It is highly illegal and punishable by a $250,000 fine and 10 years in prison.

http://www.dontlie.org/FAQ.cfm


eta:
http://www.atf.gov/training/firearms/ffl-learning-theater/episode-4.html
Link Posted: 1/4/2012 4:40:04 PM EDT
Originally Posted By TannerB:
My dad asked me this and I couldn't give him a good answer. The only thing I could come up with is the intention behind each one.

Posted Via AR15.Com Mobile


My understanding of a straw purchase is the "buyer" is purchasing a gun for someone that is not......"eligible" to purchase one themselves (normally for legal reasons). If I buy a gun for someone as a gift, and they are not legally able to own the gun it would still be a straw purchase, however for me to buy a gun as a gift for say my wife, or friend, who is perfectly legal to own said gun, it is not a straw purchase.
Link Posted: 1/4/2012 4:41:41 PM EDT
Originally Posted By LTBeas:
Straw= Someone that can not legally own one.

EDIT

buying one for your little old granny = gift

buying one for your cousins babies daddy out the pen because he can't pass the check = straw


I actually bought my grandmother a nice derringer a couple of years ago.
Link Posted: 1/4/2012 4:42:01 PM EDT
Intent.

Buying a gun as a gift is kosher.

Buying a gun for your brother who can't own, pass a background check, or doesn't want to endure a waiting period are examples of a straw purchase.
Link Posted: 1/4/2012 4:45:26 PM EDT
Originally Posted By Johnnyb01:
Originally Posted By TannerB:
My dad asked me this and I couldn't give him a good answer. The only thing I could come up with is the intention behind each one.

Posted Via AR15.Com Mobile


My understanding of a straw purchase is the "buyer" is purchasing a gun for someone that is not......"eligible" to purchase one themselves (normally for legal reasons). If I buy a gun for someone as a gift, and they are not legally able to own the gun it would still be a straw purchase, however for me to buy a gun as a gift for say my wife, or friend, who is perfectly legal to own said gun, it is not a straw purchase.

So if you buy a .22 pistol for your 12 year old son is that a straw purchase?
Link Posted: 1/4/2012 4:48:42 PM EDT
Originally Posted By TannerB:
My dad asked me this and I couldn't give him a good answer. The only thing I could come up with is the intention behind each one.

Posted Via AR15.Com Mobile

A gift is GIVEN, freely and without compensation.
Not even remotely similar to a 'Straw Purchase' which is the circumvention of firearms laws prohibiting certain persons from purchasing.

Link Posted: 1/4/2012 4:49:47 PM EDT
INTENT sums it up.
Link Posted: 1/4/2012 4:50:27 PM EDT
Originally Posted By Pond_Scum:
Originally Posted By Johnnyb01:
Originally Posted By TannerB:
My dad asked me this and I couldn't give him a good answer. The only thing I could come up with is the intention behind each one.

Posted Via AR15.Com Mobile


My understanding of a straw purchase is the "buyer" is purchasing a gun for someone that is not......"eligible" to purchase one themselves (normally for legal reasons). If I buy a gun for someone as a gift, and they are not legally able to own the gun it would still be a straw purchase, however for me to buy a gun as a gift for say my wife, or friend, who is perfectly legal to own said gun, it is not a straw purchase.

So if you buy a .22 pistol for your 12 year old son is that a straw purchase?


Technically, yes. Thats why we keep it in "our names" until the are of age, then it's "theirs."
Link Posted: 1/4/2012 4:51:10 PM EDT

Originally Posted By Johnnyb01:
Originally Posted By TannerB:
My dad asked me this and I couldn't give him a good answer. The only thing I could come up with is the intention behind each one.

Posted Via AR15.Com Mobile


My understanding of a straw purchase is the "buyer" is purchasing a gun for someone that is not......"eligible" to purchase one themselves (normally for legal reasons). If I buy a gun for someone as a gift, and they are not legally able to own the gun it would still be a straw purchase, however for me to buy a gun as a gift for say my wife, or friend, who is perfectly legal to own said gun, it is not a straw purchase.

The bATFe considers any purchase made to obscure the "actual purchaser" to be a straw purchase.

That person's eligibility for gun ownership does not matter.

A person buying the gun as a gift is the "actual purchaser", a person buying a gun for their friend bob (and using the bob's money) because he is too lazy to drive to the FFL is a straw purchase - even if bob is not disqualified from ownership.
Link Posted: 1/4/2012 4:53:44 PM EDT
Apparently if you lie on the forms while purchasing a firearm for a wealthy mayor of a city in another state, you are 100% legal.

Apparently.
Link Posted: 1/4/2012 4:53:47 PM EDT

Originally Posted By Silence:

Originally Posted By Johnnyb01:
Originally Posted By TannerB:
My dad asked me this and I couldn't give him a good answer. The only thing I could come up with is the intention behind each one.

Posted Via AR15.Com Mobile


My understanding of a straw purchase is the "buyer" is purchasing a gun for someone that is not......"eligible" to purchase one themselves (normally for legal reasons). If I buy a gun for someone as a gift, and they are not legally able to own the gun it would still be a straw purchase, however for me to buy a gun as a gift for say my wife, or friend, who is perfectly legal to own said gun, it is not a straw purchase.

The bATFe considers any purchase made to obscure the "actual purchaser" to be a straw purchase.

That person's eligibility for gun ownership does not matter.

A person buying the gun as a gift is the "actual purchaser", a person buying a gun for their friend bob (and using the bob's money) because he is too lazy to drive to the FFL is a straw purchase - even if bob is not disqualified from ownership.

DINGDINGDING.

Winner.


HKO
Link Posted: 1/4/2012 4:55:17 PM EDT

Originally Posted By TannerB:
My dad asked me this and I couldn't give him a good answer. The only thing I could come up with is the intention behind each one.

Posted Via AR15.Com Mobile

Legally there is no such thing. It is a slang term.

Whether the person is prohibited or not is irrelevant. What matters most is who is the actual buyer, - whose money is being used? Thus gifts are OK but buying for someone else is not.


Link Posted: 1/4/2012 4:56:51 PM EDT
Originally Posted By Pond_Scum:
Originally Posted By Johnnyb01:
Originally Posted By TannerB:
My dad asked me this and I couldn't give him a good answer. The only thing I could come up with is the intention behind each one.

Posted Via AR15.Com Mobile


My understanding of a straw purchase is the "buyer" is purchasing a gun for someone that is not......"eligible" to purchase one themselves (normally for legal reasons). If I buy a gun for someone as a gift, and they are not legally able to own the gun it would still be a straw purchase, however for me to buy a gun as a gift for say my wife, or friend, who is perfectly legal to own said gun, it is not a straw purchase.

So if you buy a .22 pistol for your 12 year old son is that a straw purchase?


That would be okay. Does it matter if the other person can pass a back ground check? What if my brother gives me cash to go pick up the gun he ordered on line and doesn't have time to get to the dealer. I always thought that would a draw purchase.
Link Posted: 1/4/2012 4:58:13 PM EDT
One is done out of generosity while the other is done for profit.
Link Posted: 1/4/2012 5:00:28 PM EDT
Originally Posted By HKOVERKILL:

Originally Posted By Silence:

Originally Posted By Johnnyb01:
Originally Posted By TannerB:
My dad asked me this and I couldn't give him a good answer. The only thing I could come up with is the intention behind each one.

Posted Via AR15.Com Mobile


My understanding of a straw purchase is the "buyer" is purchasing a gun for someone that is not......"eligible" to purchase one themselves (normally for legal reasons). If I buy a gun for someone as a gift, and they are not legally able to own the gun it would still be a straw purchase, however for me to buy a gun as a gift for say my wife, or friend, who is perfectly legal to own said gun, it is not a straw purchase.

The bATFe considers any purchase made to obscure the "actual purchaser" to be a straw purchase.

That person's eligibility for gun ownership does not matter.

A person buying the gun as a gift is the "actual purchaser", a person buying a gun for their friend bob (and using the bob's money) because he is too lazy to drive to the FFL is a straw purchase - even if bob is not disqualified from ownership.

DINGDINGDING.
Winner. Loooooser
HKO


FIFY Note: I am not saying you are wrong, but clarifying what happens when the ATF decides you are a straw purchaser reguardless of intent, you lose.

Every "gift" I have ever given has been in my possession for a minimum of a year. Good luck proving that was a straw purchase...
Link Posted: 1/4/2012 5:06:14 PM EDT
Refer to RenegadeX's post.


HKO
Link Posted: 1/4/2012 5:49:02 PM EDT
Originally Posted By Silence:

Originally Posted By Johnnyb01:
Originally Posted By TannerB:
My dad asked me this and I couldn't give him a good answer. The only thing I could come up with is the intention behind each one.

Posted Via AR15.Com Mobile


My understanding of a straw purchase is the "buyer" is purchasing a gun for someone that is not......"eligible" to purchase one themselves (normally for legal reasons). If I buy a gun for someone as a gift, and they are not legally able to own the gun it would still be a straw purchase, however for me to buy a gun as a gift for say my wife, or friend, who is perfectly legal to own said gun, it is not a straw purchase.

The bATFe considers any purchase made to obscure the "actual purchaser" to be a straw purchase.

That person's eligibility for gun ownership does not matter.

A person buying the gun as a gift is the "actual purchaser", a person buying a gun for their friend bob (and using the bob's money) because he is too lazy to drive to the FFL is a straw purchase - even if bob is not disqualified from ownership.


Girlfriend tried to buy me a rifle as a Christmas gift a couple of years ago. Despite both of us were returning customers, members at their range and regular shooters, they still were very squishy about the whole idea. She wound up having to get me a gift certificate for the price of the gun and I had to go in and do the paperwork.

While I think a straw purchased is defined as one purchasing a firearm for a prohibited person, some FFLs are very, very leery about anything associated with buying a firearm for another person no matter the circumstances.

Link Posted: 1/4/2012 5:55:05 PM EDT
Sadly, Smartly? Is CYB Situation. For FFL.
Link Posted: 1/4/2012 6:00:29 PM EDT
MLKjr: "An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law."


That being said, morality is king. If it truly is a gift and the person reviving can legally own the firearm you should be fine and most jurys would not convict. However gun laws are convoluted and stupid and am not surprised when people are prosecuted for what should be lawful acts.
Link Posted: 1/4/2012 6:04:50 PM EDT
What about a private sale?

Say a guy deployed overseas wants to purchase a gun from you, but obviously he can't receive the firearm while deployed, so instead he sends a friend to pick up the merchandise.

Kosher or no?
Link Posted: 1/4/2012 6:33:03 PM EDT
Originally Posted By Pond_Scum:
Originally Posted By Johnnyb01:
Originally Posted By TannerB:
My dad asked me this and I couldn't give him a good answer. The only thing I could come up with is the intention behind each one.

Posted Via AR15.Com Mobile


My understanding of a straw purchase is the "buyer" is purchasing a gun for someone that is not......"eligible" to purchase one themselves (normally for legal reasons). If I buy a gun for someone as a gift, and they are not legally able to own the gun it would still be a straw purchase, however for me to buy a gun as a gift for say my wife, or friend, who is perfectly legal to own said gun, it is not a straw purchase.

So if you buy a .22 pistol for your 12 year old son is that a straw purchase?


You can't tell the seller this ( I am buying it as a gift)...or yes it becomes a straw purchase....at which point they will not sell to you.
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