Posted: 12/1/2004 11:07:43 AM EDT
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Hey All, On Question 1 of ATF form 4473, it asks if you (the buyer) are the actual buyer of the firearm(s) listed on this form. I think I understand the spirit of the law, which is prevent string buys by people who couldn't pass the background check. Is that right? Does this ban me from buying guns as presents for people? Nothing says Christmas like a Kimber in the stocking. Would I actually be in violation if I bought a gun for my friend (who gave me money for the purchase) but my friend WOULD pass the background check? This would seem to be "letter of the law" violation, but not a violation of the spirit of the law. Does anyone know of anyone who was actually prosecuted under these circumstances? Just curious? John K. |
| If it's a gift, then you are the actual buyer, and everything's cool, assuming you have no reason to believe the receiver would fail a background check. If you're buying it for the specific purpose of immediately selling it to someone else, then that's a straw purchase and a big no-no, even if the person you're buying it for has never even gotten a parking ticket. |
My understanding is that this would be a straw purchase, vs buying the gun with your money and giving it to him as a present. I am sure someone better versed in the details will be along to clarify if needed. If your friend has given you money in advance to buy the gun, how could it be a present to him? |
I would think this is an effective defense should the ATF ever get involved. But I would still like to know if anyone knows anyone who got prosecuted for a straw purchase for an otherwise upstanding citizen. I am in no way trying to say that it isn't a violation of the law (I understand it is), but I wonder if straw purchases for background check passable persons ever get prosecuted. Is it like putting the beer bottle in a paper bag and sitting on your front stoop? 
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Sorry to be confusing, the present question was separate from the straw purchase question. I think everyone agrees that if you buy a gun with your money and give the gun to someone else (someone who can legally own a gun), then its NOT a violation of Question 1 4473. |
of course then they'll make sure and look at you real close. Thats probably one of their red flag indicators. Make sure you raise it for them. |
 
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I guess I should look.
Good point. I would never straw purchase for someone I didn't know (ATF agent). |
