Posted: 12/5/2008 5:44:26 PM EDT
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Can someone define a straw purchase to me?
My buddy and I want to build a total of 4 ARs but, if legal, would like to have them transferred to one person through a dealer to save $100 in transfer fees. Would this be a straw purchase? |
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Quoted:
Can someone define a straw purchase to me? My buddy and I want to build a total of 4 ARs but, if legal, would like to have them transferred to one person through a dealer to save $100 in transfer fees. Would this be a straw purchase? Technically, yes it would. |
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Quoted:
Where can I see the legal definition of a straw purchase just for reference? Would it be legal if I purchased all four and then sold him his two FTF? I am too lazy to look it up right now, but just google it. What you are saying in the second post is no different than the first. You can NOT purchase a weapon with the intention to bypass a NICS in any manner. Doesn't matter if intentions are only to save a few bucks or not. You are in effect buying 2 weapons for someone who may or may not legally be allowed to own them. |
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Any time you accept money from someone else to purchase firearms for them, that's a straw purchase. The first question on the 4473 asks, "Are you the actual buyer of this firearm?" You must be able to truthfully answer "yes" to this question.
Now, it's perfectly legal to purchase a firearm that you intend to give as a gift, so long as the person you are gifting the firearm to is legally able to possess the firearm themselves. Here's the explanation right from the 4473: For purposes of this form, you are the actual buyer if you are purchasing the
firearm for yourself or otherwise acquiring the firearm for yourself (for example, redeeming the firearm from pawn/retrieving it from consignment). You are also the actual buyer if you are acquiring the firearm as a legitimate gift for a third party. ACTUAL BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT the actual buyer of the firearm and must answer “no “ to question 12a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual buyer of the firearm and should answer “yes” to question 12a. |
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What Tom488 said. You as the "strawman" purchaser could be charged with four counts of: 18 U.S.C. §§ 922(a)(6) - providing false information to federal firearms licensee in connection with the purchase/attempted purchase of a firearm The four of you could also be charged with: 18 U.S.C. § 371 - conspiracy to make false statements to a federally licensed firearms dealer. From the current 4473 (revised August 2008):  |