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9/19/2017 7:27:10 PM
Posted: 5/23/2003 10:39:42 AM EDT
[Last Edit: 5/23/2003 10:41:16 AM EDT by Q3131A]
A straw purchase does not necessarily involve a prohibited person from obtaining a firearm. A straw purchase is a purchase that involves hiding the identity of an individual.
Pittsburgh, Pennsylvania - Special Agent in Charge Lawrence L. Duchnowski, Bureau of Alcohol, Tobacco and Firearms (ATF), Philadelphia Field Division announces a partnership between the ATF, the National Shooting Sports Foundation and the Pennsylvania Gun Collectors Association. The purpose of this partnership is to educate the public concerning the illegality of "straw purchases". A "straw purchase" is a situation in which a person is using a "straw purchaser"(another person) to acquire one or more firearms from a Federally licensed firearms dealer, to hide the identity of the true purchaser or ultimate possessor of the firearm/s. In Pennsylvania, this is the most common way that prohibited people, such as convicted felons, and drug traffickers, obtain firearms.
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15. "STRAW PURCHASES" Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use "straw purchasers" (another person) to acquire the firearms. 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. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm. In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser's residence address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms from the licensee. This article does not purport to cover sales to persons who purchase firearms with the intent of making gifts of such firearms to other persons. In instances such as this, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. The use of gift certificates would also not fall within the category of straw purchases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealer's records.
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Link Posted: 5/30/2003 7:02:30 AM EDT
Link Posted: 5/30/2003 7:54:06 AM EDT
I witnessed a straw-purchase last week at the Walmart in Richmond. Looked like a 100 item purchase. They got the foldable stock models (deluxe bendie kind). Had a clown on the box.
Link Posted: 5/30/2003 8:21:57 AM EDT
Janelle C. Carter knows what a "Straw Purchase" is. Times Staff Writer HAMMOND -- The daughter of Lake County Prosecutor Bernard A. Carter was tearful Wednesday afternoon as she pleaded guilty in U.S. District Court to being a part of Lake County's illegal handgun market Janelle C. Carter, 22, of Gary admitted she bought five new handguns last year on behalf of a person barred from legally possessing firearms. That crime is said to have undermined years of work by her father to reduce gun violence and could land her in a federal prison. Judge James Moody said Wednesday he will sentence her June 6 and said she could receive anything from supervised release up to 20 years in prison. However, the deal she struck last month with the federal government to plead guilty and her lack of prior criminal convictions are likely to spare her from any lengthy imprisonment. "I purchased the guns," she said when questioned by Moody if she was pleading guilty to two felony counts of fraudulent purchase of firearms She admitted lying on federal firearms purchase statements she signed at Westforth's Sports Shop in Gary March 1, 2000 and again April 17, 2000, swearing she was buying two 9-mm Jennings semi-automatic pistols, a .25-caliber Lorcin pistol, a .380-caliber Davis pistol and a 9-mm Intratec pistol only for herself. "I was buying them for someone else," she said Wednesday. The judge didn't ask her who nor did she identify the true buyer, but sources close to the investigation said Janelle Carter was working for a convicted felon who made a living providing guns to people, like himself, who are legally barred from buying or possessing firearms. Assistant U.S. Attorney Randall M. Stewart told the judge the government had evidence to prove Carter committed the crime. Sources said that evidence would have included a video tape of her making the purchases. Authorities say such straw purchases are a common way criminals get around federal firearm laws that require background checks of purchasers. The U.S. Bureau of Alcohol Tobacco and Firearms has identified Indiana as a "source state" where weapons flow freely to surrounding states with stronger firearms restrictions. Guns abandoned in Chicago streets and cars of gang members frequently are traced to Northwest Indiana gun dealers Bernard Carter has sponsored a number of voluntary gun buy-back programs since 1994 that have taken in more than 1,200 firearms that were melted down as a symbolic gesture in support of gun control. Bill Dolan can be reached at bdolan@howpubs.com. From the www.thetimesonline.com Oh by the way, she got probation.
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