Posted: 2/2/2013 2:28:41 PM EDT
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Have a question for the legal eagles out there. If a friend buys a pistol (from a private seller, no 4473 involved) for me on the other end of the state, because he happens to be there, would that fall into straw sale territory? My reading of the the ATF's website makes me think I would be OK because there is no false statement being made on the non-existent 4473, but I would appreciate it if others would weigh in.
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This is a question in which I am quite interested.
Someone up north there expressed interest in a rifle I have for sale and wanted a friend down this way to check it out for him. I was kinda thinking he wanted to do a straw purchase but maybe it's not that judging by the answers given in this thread. One question though, how does one determine if either of the other two parties are not prohibited? |
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the short answer is you don't. GWL (at least a glance) is probably about as safe as you can get.
that being said, the straw sale question doesn't have anything to do with selling to a prohibited person in this case. the sticky point from my reading and understanding is perjuring yourself on the 4473, whether you're a prohibited person or not. no 4473=no straw sale. I posted this in GD too. click |
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I think a straw purchase can only occur when the end recipient is barred from owning firearms, like a felon or whatever. I thought so too, but it seems like Federal Courts of Appeal would disagree. |
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Quoted:
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I think a straw purchase can only occur when the end recipient is barred from owning firearms, like a felon or whatever. I thought so too, but it seems like Federal Courts of Appeal would disagree. Also, the instant case involved an FFL, 4473, etc., and does not appear to be a private sale. The point, though, is that it doesn't appear to require one of the parties to be prohibited. |
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IF the OP is talking about a private sale, then what does a Court of Appeals case involving an FFL have to do with this thread?? Because he was correcting the definition of the straw purchase given above. A straw purchase happens when you intentionally perjure yourself on the form 4473 when buying a gun for someone else. It does not matter if the person is prohibited from owning or not. Also some gift giving exceptions apply. The question still remains if this applies to a private sale. Based on everything I have read, it does not, but that does not mean there is still a legal issue preventing it. |
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As long as both parties are legal to own and both residents of the state their is no issues at all. Straw purchase means an indivdual who is NOT legally allowed to own/purchase uses someone who is in order to get a weapon Not true... Straw purchase is any time you buy a firearm from an FFL for someone other than yourself, unless it's a gift. |