User Panel
Posted: 12/25/2015 8:24:53 PM EDT
A guy is trying to work a trade deal with me, but is a little hard on cash right now. One idea was that he could potentially purchase a firearm for me at a local shop. But, he's in another state. Now, it would be for me, no selling off or anything like that. But in my mind, this still sounds like a straw man sort of thing.
Can someone confirm or deny the legality of this? |
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Not legal. Don't do it.
There is a supreme court case about this |
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Kind of what I was thinking. He's just gonna have to come up with the money.
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He's hard up for money but is going to poetenially purchase a firearm....???? What am I missing......
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Could be legal if he bought it at his FFL, then shipped it to your FFL and you picked it from there; with both parties doing a 4473
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How could he purchase it if he is low on cash???? He could buy gift cards and give them to you or buy you a gun wherever he resides and send it to your local dealer.
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I don't believe an FFL is going to accept payment from one person but transfer the firearm to another person. It would be viewed as a straw purchase.
Also, you would be lying on question 11(a) as you are NOT the actual buyer of the firearm if I understand the original post correctly. |
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Quoted: Quoted: He's hard up for money but is going to poetenially purchase a firearm....???? What am I missing...... This. He really wants the pistol, and I guess he doesn't mind paying interest to get it. |
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Have him send you Paypal or use one of those checks that the credit card company sends.
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Former long-term FFL here.
1. Cash is king. If he has credit; he can get a cash advance or somehow pay for the deal. 2. He could buy a gun locally to gift to someone. He can truthfully state that he is the actual buyer. But then it would have to go FFL to FFL to legally cross state lines. Way too complicated and much more expense. 3. Get cash. Keep it simple. A "straw buyer" is when someone buys a gun for someone that is unqualified to buy it themselves. In this case; the receiving FFL would be doing a 4473 and either a state or NICS check on the recipient. |
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What is the big deal? He is simply paying the money for the gun. The firearm would need to be shipped to your FFL and transferred to you LEGALLY. He would not need to fill out a 4473 as he is not actually buying the gun. Maybe he has a FFL buddy that will sell him stuff at cost? Sometimes you guys think too hard.
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This is not that uncommon.
1) Pay FFL for firearm and transfer fee. 2) Have FFL ship to FFL in appropriate state 3) Recipient fills out background check 4) If it clears FFL transfers firearm |
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definitely a straw purchase. He is buying it for the sole purpose to give/transfer to you.
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Sounds like a variation of the fake check deposit scam but upgraded to include several violations of federal firearms laws. So goodbye to that retard, after you report him to authorities for trying to run an illegal scam.
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As long as he sends it to an FFL in your state it's perfectly legal. If he intends to give it directly to you it's illegal.
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Not legal. Don't do it. There is a supreme court case about this View Quote http://www.scotusblog.com/case-files/cases/abramski-v-united-states/ http://www.scotusblog.com/case-files/cases/abramski-v-united-states/ |
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Quoted: http://www.scotusblog.com/case-files/cases/abramski-v-united-states/ http://www.scotusblog.com/case-files/cases/abramski-v-united-states/ View Quote View All Quotes View All Quotes Quoted: Quoted: Not legal. Don't do it. There is a supreme court case about this http://www.scotusblog.com/case-files/cases/abramski-v-united-states/ http://www.scotusblog.com/case-files/cases/abramski-v-united-states/ |
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Pose your question directly to the ATF in the form of a letter
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Quoted:
He's hard up for money but is going to poetenially purchase a firearm....???? What am I missing...... View Quote I have a line of credit at several places that I could use to buy merchandise to substitute for cash in a trade. It's not that crazy. Hell, I used my Amazon store card to have an item shipped to a guy's house for a trade once. |
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Quoted: I don't believe an FFL is going to accept payment from one person but transfer the firearm to another person. It would be viewed as a straw purchase.
Also, you would be lying on question 11(a) as you are NOT the actual buyer of the firearm if I understand the original post correctly. View Quote We do it all the time. OP fills out the 4473, debtor pays for the gun. Most of the time, it's the husband paying, but we've had a lot of wives buying their husbands deer rifles lately. |
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Quoted:
We do it all the time. OP fills out the 4473, debtor pays for the gun. Most of the time, it's the husband paying, but we've had a lot of wives buying their husbands deer rifles lately. View Quote View All Quotes View All Quotes Quoted:
Quoted: I don't believe an FFL is going to accept payment from one person but transfer the firearm to another person. It would be viewed as a straw purchase.
Also, you would be lying on question 11(a) as you are NOT the actual buyer of the firearm if I understand the original post correctly. We do it all the time. OP fills out the 4473, debtor pays for the gun. Most of the time, it's the husband paying, but we've had a lot of wives buying their husbands deer rifles lately. So how can the OP check yes when it asks if he was the buyer if someone else is paying? |
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That is straw man purchase. If this gets shipped to a FFL there is no issue. View Quote View All Quotes View All Quotes Quoted:
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Not legal. Don't do it. There is a supreme court case about this http://www.scotusblog.com/case-files/cases/abramski-v-united-states/ http://www.scotusblog.com/case-files/cases/abramski-v-united-states/ Wrong. Read the decision. Abramki purchased a Glock Blue Label gun from an FFL with the transfer to Abramski done usng a 4473. Abramski then went to Pennsylvania where, with a relative, he went to a Pennsylvania-based FFL, turned the gun over to that FFL for purposes of transferring fhe gun to his relative, who completed the 4473 and passed butthe NICS check. The core finding was that a Abramski purchased the firearm with expectation of renumeration, that is, receiving money from his relative in exchange for the gun (which Abramski purchase at a discount via the Blue Label program). The court held that this is a straw purchase irrespective of whether the participants were legal purchasers of firearms or the sale occurred through an FFL. If you buy a gun for someone expecting they to pay you for it, it is a straw purchase. In the case presented by the OP, this would be a straw purchase irrespective of whether it was purchased via an FFL by both the OP and his perspective deal partner, because the other party is buying with an expectation of renumeration via the deal for another gun. Runaway, runaway, runaway is the advice of this 01 Dealer in Firearms Other Than Destructive Devices. |
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This is done with raffles and such. We, (the organization doing the raffle) go to the LGS and purchases the gun w/ no transfer. Item is marked and remains in the LGS safe until the raffle winner is ID'd. Then raffle winner goes with winning ticket to LGS and fills out the 4473. Once approved, gun is transferred to winner. Perfectly legal.
I do not see the problem with purchasing and having it shipped FFL to FFL for the transferee to fill out the 4473. Edited for grammar |
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Quoted: Wrong. Read the decision. Abramki purchased a Glock Blue Label gun from an FFL with the transfer to Abramski done usng a 4473. Abramski then went to Pennsylvania where, with a relative, he went to a Pennsylvania-based FFL, turned the gun over to that FFL for purposes of transferring fhe gun to his relative, who completed the 4473 and passed butthe NICS check. The core finding was that a Abramski purchased the firearm with expectation of renumeration, that is, receiving money from his relative in exchange for the gun (which Abramski purchase at a discount via the Blue Label program). The court held that this is a straw purchase irrespective of whether the participants were legal purchasers of firearms or the sale occurred through an FFL. If you buy a gun for someone expecting they to pay you for it, it is a straw purchase. In the case presented by the OP, this would be a straw purchase irrespective of whether it was purchased via an FFL by both the OP and his perspective deal partner, because the other party is buying with an expectation of renumeration via the deal for another gun. Runaway, runaway, runaway is the advice of this 01 Dealer in Firearms Other Than Destructive Devices. View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: Not legal. Don't do it. There is a supreme court case about this http://www.scotusblog.com/case-files/cases/abramski-v-united-states/ http://www.scotusblog.com/case-files/cases/abramski-v-united-states/ Wrong. Read the decision. Abramki purchased a Glock Blue Label gun from an FFL with the transfer to Abramski done usng a 4473. Abramski then went to Pennsylvania where, with a relative, he went to a Pennsylvania-based FFL, turned the gun over to that FFL for purposes of transferring fhe gun to his relative, who completed the 4473 and passed butthe NICS check. The core finding was that a Abramski purchased the firearm with expectation of renumeration, that is, receiving money from his relative in exchange for the gun (which Abramski purchase at a discount via the Blue Label program). The court held that this is a straw purchase irrespective of whether the participants were legal purchasers of firearms or the sale occurred through an FFL. If you buy a gun for someone expecting they to pay you for it, it is a straw purchase. In the case presented by the OP, this would be a straw purchase irrespective of whether it was purchased via an FFL by both the OP and his perspective deal partner, because the other party is buying with an expectation of renumeration via the deal for another gun. Runaway, runaway, runaway is the advice of this 01 Dealer in Firearms Other Than Destructive Devices. |
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Bullshit, not a straw purchase as long as the final recipient fills out a 4473...end of story. View Quote View All Quotes View All Quotes Quoted:
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definitely a straw purchase. He is buying it for the sole purpose to give/transfer to you. Bullshit, not a straw purchase as long as the final recipient fills out a 4473...end of story. There was no mention of a second FFL in the OP. |
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There was no mention of a second FFL in the OP. View Quote View All Quotes View All Quotes Quoted:
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definitely a straw purchase. He is buying it for the sole purpose to give/transfer to you. Bullshit, not a straw purchase as long as the final recipient fills out a 4473...end of story. There was no mention of a second FFL in the OP. One idea was that he could potentially purchase a firearm for me at a local shop The local shop is a FFL. The local shop will submit the 4473 for OP. The "other" guy paying for the gun wouldn't even need to fill out a 4473. The 4473 is paper work for a "transfer" of the firearm. The firearm never transferred between the two parties, it transferred from the local gun shop (FFL) to the OP. |
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The local shop is a FFL. The local shop will submit the 4473 for OP. The "other" guy paying for the gun wouldn't even need to fill out a 4473. The 4473 is paper work for a "transfer" of the firearm. The firearm never transferred between the two parties, it transferred from the local gun shop (FFL) to the OP. View Quote View All Quotes View All Quotes Quoted:
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definitely a straw purchase. He is buying it for the sole purpose to give/transfer to you. Bullshit, not a straw purchase as long as the final recipient fills out a 4473...end of story. There was no mention of a second FFL in the OP. One idea was that he could potentially purchase a firearm for me at a local shop The local shop is a FFL. The local shop will submit the 4473 for OP. The "other" guy paying for the gun wouldn't even need to fill out a 4473. The 4473 is paper work for a "transfer" of the firearm. The firearm never transferred between the two parties, it transferred from the local gun shop (FFL) to the OP. If the money comes from the other guy then the OP can't mark yes on the question that asks if he is the actual buyer. |
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Credit cards give cash if you request it, make him do that and send you the money.
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he can send you money through the Venmo app, and fund it with his credit card - cost him 3%. You can have it in your bank account tomorrow.
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So the guy trading the gun does not fill out a 4473. Simply pays for it and has it drop shipped from the distributor to the OP's ffl. He is therefore not buying the gun for himself is he? And if not, no strawman. View Quote While that is a slightly different set of facts than Abramski, I think BATFE would still consider it a straw purchase because the guy buying the gun to trade is expecting remuneration in the form of the value of that gun being applied to the value of the trade. For that reason I still wouldn't do it; aftet Aramski the idea of illegal "straw purchase" became, IMO, overly broad. But Abramski thought what he did was legal until the barred door slammed shut. |
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It's probably smarter to stick to folks who have money or stuff to trade. His request sounds shifty.
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We do it all the time. OP fills out the 4473, debtor pays for the gun. Most of the time, it's the husband paying, but we've had a lot of wives buying their husbands deer rifles lately. View Quote View All Quotes View All Quotes Quoted:
Quoted: I don't believe an FFL is going to accept payment from one person but transfer the firearm to another person. It would be viewed as a straw purchase.
Also, you would be lying on question 11(a) as you are NOT the actual buyer of the firearm if I understand the original post correctly. We do it all the time. OP fills out the 4473, debtor pays for the gun. Most of the time, it's the husband paying, but we've had a lot of wives buying their husbands deer rifles lately. I didn't get the impression, perhaps incorrectly, that he was going to the other state to fill out the forms, but the other state thing would preclude that anyway, and there was no second FFL mentioned either. |
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Don't do it.
Chances are more than fair that someone is trying to recruit you so an example can be made. Short story time: Twice I've received cash offers for guns I've listed on-line from someone saying they're in New York, but I could ship the gun to an address in the Cleveland, OH area. ATF? FBI? Cleveland PD?, Ohio B,C,I&I ? , Bloomberg? Anyone's guess is as good as mine. HELL FxxxING NO!!!! |
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Quoted: If the money comes from the other guy then the OP can't mark yes on the question that asks if he is the actual buyer. View Quote OP is the actual transferee/buyer b/c he's the one ending up w/ the gun. It doesn't matter who pays for it. OP is ending up w/ the gun - he fills out the paperwork. OP's buddy can pay for the gun. Abramski hung himself b/c he cashed a check from his uncle for the purchase price of the gun before he ever even bought it, then transferred it to his uncle. BATFE had a soup to nuts documentation that it was a straw purchase. It doesn't establish any new case law. |
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So on the same note (kinda) how does one buy a gun for a Christmas gift or whatever? Does it make the question on the 4473 that asks if you are the actuall transferee a lie?
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So on the same note (kinda) how does one buy a gun for a Christmas gift or whatever? Does it make the question on the 4473 that asks if you are the actuall transferee a lie? View Quote No because you are the buyer. Perfecty fine to buy a gun as a gift. Taking money from someone else is a different situation. |
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Could be completely legal. However I would walk because it sounds like a PITA transaction. ymmv
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ATF Link
Page 166 Questions have arisen concerning the
lawfulness of firearms purchases from licensees by persons who use a "straw purchaser" (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. Above paragraph does not apply to OP 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. Above paragraph does not apply to OP since the buyer is not using OP's information to fill out the form An example of an illegal straw purchase is as follows: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. If Mr. Jones fills out Form 4473, he violates the law by falsely stating that he is the actual buyer of the firearm. Mr. Smith also violates the law because he has unlawfully aided and abetted or caused the making of false statements on the form. Above paragraph does not apply, as OP did not ask the buyer to buy the gun for him using OP's money. 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. 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. This would apply to OP. The other guy is gifting a firearm to the OP as a form of payment. Buyer fills out 4473 when he buys it. As it is shipped across state lines, OP then fills out 4473 on his end. ATF is happy...both parties completed the necessary paperwork and background checks. OP answers YES on 4473 - 11(a) since he is the actual transferee of the firearm. View Quote |
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