Straw Purchase?

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  • efpeter

    Plinker
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    0   0   0
    Dec 18, 2011
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    8
    The Q&A portion of the form is pretty specific.

    Question 11.a. Actual Transferee/Buyer: For purposes of this form, a person is the actual transferee/buyer if he/she is purchasing the firearm for him/herself or otherwise acquiring the firearm for him/herself. (e.g., redeeming the firearm from pawn, retrieving it from consignment, firearm raffle winner). A person is also the actual transferee/buyer if he/she is legitimately purchasing the firearm as a bona fide gift for a third party. A gift is not bona fide if another person offered or gave the person completing this form money, service(s), or item(s) of value to acquire the firearm for him/her, or if the other person is prohibited by law from receiving or possessing the firearm.
    Actual TRANSFEREE/buyer examples: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith (who may or may not be prohibited). Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer "NO" to question 11.a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown buys the firearm with his own money to give to Mr. Black as a gift (with no service or tangible thing of value provided by Mr. Black), Mr. Brown is the actual transferee/buyer of the firearm and should answer "YES" to question 11.a. However, the transferor/seller may not transfer a firearm to any person he/she knows or has reasonable cause to believe is prohibited under 18 U.S.C. 922(g), (n) or (x). EXCEPTION: If a person is picking up a repaired firearm(s) for another person, he/she is not required to answer 11.a. and may proceed to question 11.b.
     

    HoughMade

    Grandmaster
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    0   0   0
    Oct 24, 2012
    35,854
    149
    Valparaiso
    The Q&A portion of the form is pretty specific.

    Question 11.a. Actual Transferee/Buyer: For purposes of this form, a person is the actual transferee/buyer if he/she is purchasing the firearm for him/herself or otherwise acquiring the firearm for him/herself. (e.g., redeeming the firearm from pawn, retrieving it from consignment, firearm raffle winner). A person is also the actual transferee/buyer if he/she is legitimately purchasing the firearm as a bona fide gift for a third party. A gift is not bona fide if another person offered or gave the person completing this form money, service(s), or item(s) of value to acquire the firearm for him/her, or if the other person is prohibited by law from receiving or possessing the firearm.
    Actual TRANSFEREE/buyer examples: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith (who may or may not be prohibited). Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer "NO" to question 11.a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown buys the firearm with his own money to give to Mr. Black as a gift (with no service or tangible thing of value provided by Mr. Black), Mr. Brown is the actual transferee/buyer of the firearm and should answer "YES" to question 11.a. However, the transferor/seller may not transfer a firearm to any person he/she knows or has reasonable cause to believe is prohibited under 18 U.S.C. 922(g), (n) or (x). EXCEPTION: If a person is picking up a repaired firearm(s) for another person, he/she is not required to answer 11.a. and may proceed to question 11.b.

    It's almost like when a guy goes to the store to buy his buddy a gift with his own money and buys the gift on his own behalf.
     

    T.Lex

    Grandmaster
    Rating - 100%
    15   0   0
    Mar 30, 2011
    25,859
    113
    Wait.

    So you're saying that when I use my own money to buy something that I'm going to do something with, then ownership of that item is transferred to me in a way that I can do anything (legal) with it.

    That seems like a complicated BATF trap.
     

    Rick Mason

    Sharpshooter
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    0   0   0
    Dec 13, 2019
    401
    47
    Lake County
    Was in a gunstore a while back when a husband/wife couple were there. He was buying a handgun for himself. The wife handed the clerk the credit card, and he handed it back to her, with instructions to give it to the husband so he could hand the card to the clerk. Crazy times we live in.
     

    DadSmith

    Grandmaster
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    1   0   0
    Oct 21, 2018
    23,207
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    Ripley County
    Its confusing to say the least. That's why I decided to ask. I knew private transfers are handled much different than at an FFL holder as long as both parties are in the same state.

    Here's another question. In my will I have all my sons, nephews, and nieces who like firearms I left a firearm or two to each upon my death. Some live in Texas some in South Carolina. And other states. How will they be able to lawfully get these firearms if they are out of state?
     

    KellyinAvon

    Blue-ID Mafia Consigliere
    Staff member
    Moderator
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    Rating - 100%
    7   0   0
    Dec 22, 2012
    25,177
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    Avon
    34 replies (now 35 )
    and this subject is as clear as mud isnt it !

    This thread would be easy if it was about buying a couple bales of what is left over after wheat is harvested. Then again with Internet transactions, you could go out to the country for a straw purchase and be met by ATF agents on your way to the barn.
     

    Vigilant

    Grandmaster
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    21   0   0
    Jul 12, 2008
    11,659
    83
    Plainfield
    34 replies (now 35 )
    and this subject is as clear as mud isnt it !
    Its pretty clear. Gifts, OK. Buying with your money to give to someone else, ok as long as no reason to believe prohibited, buying for others with others money, or anything of value in trade prohibited person or not, Straw.
     

    T.Lex

    Grandmaster
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    15   0   0
    Mar 30, 2011
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    The only complicating factor is fear. Because the potential penalty is so harsh (federal felony), that gets in people's head so it becomes difficult to see how straightforward it is.
     

    jagee

    Grandmaster
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    24   0   0
    Jan 19, 2013
    44,493
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    New Palestine
    Hypothetically-

    It's like when we were trying to buy beer in high school.
    We gave our money to an older friend/sibling to buy stuff for us. They bought it for us and essentially made a straw purchase. Never mind the fact that we were prohibited persons.
     

    Vigilant

    Grandmaster
    Rating - 100%
    21   0   0
    Jul 12, 2008
    11,659
    83
    Plainfield
    Hypothetically-

    It's like when we were trying to buy beer in high school.
    We gave our money to an older friend/sibling to buy stuff for us. They bought it for us and essentially made a straw purchase. Never mind the fact that we were prohibited persons.
    Egzachry!
     
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