Gun selling question

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  • 68_F100

    Expert
    Rating - 93.9%
    31   2   0
    Nov 8, 2010
    809
    18
    North Salem
    OK so a guy finds a gun I have for sale on Armslist. He lives in SC. He has a friend who lives in Indiana. He sends the friend the money to buy the gun. So I would be selling it to a person who lives in Indiana. But knowing it's for someone who lives in SC. Is this legal?
     
    Rating - 100%
    15   0   0
    Aug 14, 2009
    3,816
    63
    Salem
    I sure wouldn't do it. If you KNOW that it's a purchase for someone else, that's the definition of a straw purchase. And that's what is being discussed. Not worth the chance of a roommate named Bubba for a few years. :D

    If he hadn't said anything, and the buddy bought the gun from you. You would never know and not be complicit in an illegal act. But now that they said it to you? No way Jose....
     

    eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    Several BATFE stings running against online purchases recently. Don't get caught up in one. Tell the guy in SC to provide an FFL in his home state for you to ship to, or walk away.
     

    LEaSH

    Grandmaster
    Site Supporter
    Rating - 100%
    43   0   0
    Aug 10, 2009
    5,819
    119
    Indianapolis
    Then the buddy is knowingly going to answer the 4473 falsely. And since you know it, you'd be in some jeopardy of getting hassled, too.
     

    deanald2pt0

    Sharpshooter
    Rating - 100%
    25   0   0
    Apr 29, 2011
    394
    18
    NW Indy
    So what if his buddy mets me at my LGS and I transfer hin the gun via 4473?

    If you really want/need to sell the gun to him, you could suggest this. My guess is that once an FFL is mentioned he looses interest.

    I would not do a FTF with someone local knowing it was going to someone else across state lines. I'm not going to be an accessory to someone elses crime.
     

    68_F100

    Expert
    Rating - 93.9%
    31   2   0
    Nov 8, 2010
    809
    18
    North Salem
    I already called it off. I did find this
    "Keep in mind that a straw purchase is a purchase in which the actual purchaser uses someone else—a.k.a. the “straw person”—to purchase the firearm and complete the paperwork. Generally, the straw purchaser is used because the actual purchaser is not eligible to conduct a transaction because he or she is a felon or other prohibited person. However, a straw purchase occurs even when the actual purchaser is not a prohibited person. The crime committed is knowingly making a false statement on the Form 4473 indicating that the straw purchaser is the actual purchaser"
    Source: http://www.atf.gov/firearms/ffrrg/trans ... ltfour.htm

    But it's not even close to being worth the risk. I don't wan to play with the ATF.
     

    JettaKnight

    Я з Україною
    Site Supporter
    Rating - 100%
    6   0   0
    Oct 13, 2010
    26,558
    113
    Fort Wayne
    DON'T do it!!!! Not worth all the headaches......

    Or jail time.

    The only way to do this legally is to send the firearm to a SC FFL01 and have the buyer fill out a form 4473 for a dealer in SC.

    It doesn't matter how many sticks you shove in to prop it up, it's still a straw man.

    :shady:
     

    CBR1000rr

    Expert
    Rating - 100%
    5   0   0
    Feb 26, 2011
    766
    18
    In an eastern valley
    I've had something similar to this happen to me 3 times.

    1. Guy lived in Alabama but had family here. Wanted to buy my shotgun and tried being friendly with me. Communication stopped when an FFL was mentioned.

    2. Guy lived in Il and had an In DL. I simply stopped all communication with him.

    3. Guy lived in NC and wanted to purchase a gun. Wanted me to ship it to his FFL. As soon as I mentioned that I would contact my local FFL to ensure we were following the letter of the law, he ceased to communicate with me.

    It's just not worth it. No amount of money is worth the headache that is associated with these crimes.
     

    KG1

    Forgotten Man
    Site Supporter
    Rating - 100%
    66   0   0
    Jan 20, 2009
    25,638
    149
    Good call OP. Even if this was a legit offer to buy it does'nt matter. According to the BATF it is still classified as a straw purchase and you had knowledge of it beforehand. You can sleep well knowing you did the right thing.
     

    DanVoils

    Master
    Emeritus
    Rating - 100%
    43   0   0
    Feb 20, 2010
    3,098
    113
    .
    The Straw Man laws are pretty strange when it comes to Indiana. Here we can get a LTCH at age 18. However we cannot purchase a handgun until 21. If a person walks into a LGS and buys a handgun and gives it to them as a present that is legal. But if the purchaser says anything to the LGS sales person about it being a present for their 18-20 y/o then a felony is committed. When I had my LGS in the mid-80's I had to turn away a lot of customers because of a simple sentence they said.
    Smart move OP to negate the deal.
     

    LionWeight

    Sharpshooter
    Rating - 100%
    20   0   0
    Sep 17, 2011
    530
    18
    Merrillville
    Smart move to end it. There isn't enough money to risk losing your right to own your own firearms. What is your benefit in doing so? A quick sale? There are enough home grown buyers and sellers that I just don't see the benefit. However I'm sure it happens all the time. I just don't get the idea.:dunno:
     
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