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Posted: 2/5/2002 6:46:35 AM EDT
Link Posted: 2/5/2002 6:50:53 AM EDT
"Straw purchase" is when you buy a firearm for immediate transfer to someone else or purchase it for them to preclude them from going through the NICS system. Mike
Link Posted: 2/5/2002 6:51:02 AM EDT
Someone legally able to buy a gun, buying a gun for someone who isn't legally allowed to own a gun....and knowingly doing so.
Link Posted: 2/5/2002 7:05:40 AM EDT
Link Posted: 2/5/2002 7:06:30 AM EDT
Publication date: 02/23/2001 Illegal gun trade hits home for Lake County prosecutor Janelle C. Carter, daughter of prosecutor Bernard A. Carter, charged with buying five handguns for a convicted felon. BY BILL DOLAN Times Staff Writer HAMMOND -- Janelle C. Carter, daughter of Lake County prosecutor Bernard A. Carter, is prepared to plead guilty in U.S. District Court to a felony information that she bought five handguns last year for a man barred by federal law from owning guns. Her father, one of the county's top law enforcers and most ardent gun-control activists who has sponsored programs to take guns off the streets, issued an anguished statement Friday. "Over the past 23 years her mother and I have provided for her care and a proper sense of values. There is no logical reason for this alleged conduct. If Janelle engaged in the activity that the government alleges, then she must endure the consequences of such poor judgment and association." He declined further comment Friday. The 22-year-old East Chicago woman faces up to 20 years in prison for lying under oath about the gun purchases but signed a plea agreement with the U.S. Attorney's office, where she is expected to admit her guilt in return for a reduced sentence. The U.S. Attorney's office on Feb. 8 filed a criminal information alleging Janelle Carter bought two 9-mm Jennings semi-automatic pistols March 1, 2000, and a .25-caliber Lorcin pistol, a .380-caliber Davis pistol and a 9-mm Intratec pistol April 17, 2000. She allegedly made both purchases at Westforth's Sport Shop in Gary and signed federal government forms swearing that she was buying the guns for herself and no one else. The government alleges "she well knew that she was purchasing the firearms for another individual known to the U.S. Attorney" and that the unidentified person selected and paid for the firearms she purchased. Sources close to the investigation said Janelle Carter bought the guns at the request of a friend, who made a living providing guns to people who are legally barred from buying or possessing firearms -- so-called straw purchases. The friend, a convicted felon, couldn't buy them himself, but used Carter and other women without criminal records to make the purchases from area gun stores. Gary lawyer Willie Harris, who represents Janelle Carter, confirmed Friday his client has no prior criminal record and was a federal employee of the Gary Housing Authority. He said she had no intention of buying guns that would be used in other crimes. The U.S. Bureau of Alcohol Tobacco and Firearms has identified Indiana as one of the country's "source states" where weapons flow freely to states with stronger firearms restrictions. Chicago and 19 other Illinois communities ban the ownership of handguns, and the rest of Illinois severely restricts their use. Since 1994, Bernard Carter has sponsored a number of voluntary gun buy-back programs that have taken in more than 1,200 firearms that were melted down as a symbolic gesture in support of gun control. Carter was announcing a "zero-tolerance" policy toward people who commit gun crimes last year about the same time his daughter allegedly made the illicit gun purchases. Bill Dolan can be reached at bdolan@howpubs.com or (219) 662-5328. Unlike like the average person who would been sentenced to jail forever, she got probation. ...edited to fit......
Link Posted: 2/5/2002 7:25:47 AM EDT
Originally Posted By XxSLASHERxX: define it for me and explain when it is legal and when it is illegal..for example, if u buy a gun for a family member.....but they have a clean record./thx
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Originally posted by M4: Someone legally able to buy a gun, buying a gun for someone who isn't legally allowed to own a gun....and knowingly doing so.
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Even if you purchase a firearm for someone who is FULLY, LEGALLY QUALIFIED to own a firearm, you have made a straw purchase. A gift being the exception, as beekeeper stated. Some references: [url]http://www.atf.treas.gov/pub/fire-explo_pub/geninfo.htm[/url] "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."
Link Posted: 2/5/2002 7:37:22 AM EDT
Link Posted: 2/5/2002 7:47:00 AM EDT
Link Posted: 2/5/2002 8:36:48 AM EDT
Here is the problem. From what I can tell from the law it is legal to buy a gun for somebody else. But, here is where it gets messy...The final question on the Form 4473 is "Are you the Actual Buyer ?" and it says under it that if you answer no they cannot sell it to you. I feel this question is illegal because it isn't illegal to buy a firearm for somebody who is qualified. So, the illegal part is when faced with the 4473. It asks a question irrelevant to the sale. Federal Gun Law says "relevant to the lawfullness". But, there is also regular perjury which I believe will also cost you your RKBA. The real problem is that the ATF can freely deign these forms. What next, "Are you a registered Democrat." with underneath it saying you may not proceed if they say no. Again this isn't relevant to the sale. But, if you answer truthfully you cannot buy and if you lie, you can be charged with purjury.
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