Are members allowed to post a gun they don't even own?

[rOmiLaYu]

You're no fun, jd.

 

[JDG.]

Yep...brings into question whether you actually read the 4473 when you fill it out. It has verbiage that you are swearing that you are the actual or permanent owner of the weapon in question. Buying it then selling it immediately to another person, even if not the strictest definition of a straw purchase, is still very shady. Brings into question why the other person did not want to buy it directly...

Just sayin'...

Not saying I would do this practice, but the way the op asked the orginal question there doesnt seem to be straw purchase, unless they could prove the person winning the auction did it soley at the request of the op.

 

[Junior_357]

atf guidelines: https://www.atf.gov/files/publications/download/p/atf-p-5300-4.pdf

Wow...that about sums it up.

 

[Ken Ford]

Six months is quite new

 

[albatros43]

Is there a timeframe for changing your mind? How that "intent" can be proven is another thing.

Intent was proven in the Glock case because the guy had a check from his uncle prior to the purchase.

Saying on a public forum you might trade with someone who is winning an auction is pretty good demonstration of intent.

Absent the above things, sure it's hard to prove.

 

[dsp]

So what's the timeframe?
You fill out and sign the form, it's your firearm.
5 minutes later you decide to sell. Still legal.

 

[Junior_357]

Not saying I would do this practice, but the way the op asked the orginal question there doesnt seem to be straw purchase, unless they could prove the person winning the auction did it soley at the request of the op.

Agreed...but buying a gun for the sole purpose of trading it or worse yet reselling it is, I believe, also illegal. It is a way of washing a stolen gun (not saying that is the case), but is also a way of doing an end-around on having an FFL. I know of a couple of people on here who were buying and trading so much that the BATFE paid them a little visit with a cease and desist or get an FFL order.

 

[Junior_357]

So what's the timeframe?
You fill out and sign the form, it's your firearm.
5 minutes later you decide to sell. Still legal.

Still...do it several times, and you run the risk of earning unwanted attention from the Feds. Acutally, if the second owner commits a crime with it and tells them where he got it, then they can and probably will come after you as the original owner. 5-minute turnaround is not going to help that case.

 

[JDG.]

Agreed...but buying a gun for the sole purpose of trading it or worse yet reselling it is, I believe, also illegal. It is a way of washing a stolen gun (not saying that is the case), but is also a way of doing an end-around on having an FFL. I know of a couple of people on here who were buying and trading so much that the BATFE paid them a little visit with a cease and desist or get an FFL order.

Afaik its not illegal. It becomes illegal when said activities are used as a livelyhood, at which point the said person would require the correct ffl to conduct business accordingly

 

[Junior_357]

Afaik its not illegal. It becomes illegal when said activities are used as a livelyhood, at which point the said person would require the correct ffl to conduct business accordingly

OK...I can easily see that. Thanks for setting me straight...