Correct.
Now if the op was 17 then it would be illegal straw purchase. But as long as he is 18+ and has a clean background he is good to go.
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can i legally posess a handgun
- Thread starter Ramon
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Correct.
Now if the op was 17 then it would be illegal straw purchase. But as long as he is 18+ and has a clean background he is good to go.
so if purchasing a gun from an ffl for someone else, is there a place to put who the intended recipient is on the form 4473?
Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are
acquiring the firearm(s) on behalf of another person.
http://www.atf.gov/files/forms/download/atf-f-4473-1.pdf
i'm confused, this post seems to contradict your other post. what am I missing here?
ya thats there is alot of bad news
if a family member bought it for them as a gift, well thats different
buying for the intention of giving to someone under 21 is questionable based on the federal definitions of straw purchase. here is info I posted on another forum regarding the same topic.
Straw purchase as defined by BATFE via dontlie.org
What is a straw purchase?
A straw purchase is an illegal firearm purchase where the actual buyer of the gun, being unable to pass the required federal background check or desiring to not have his or her name associated with the transaction, uses a proxy buyer who can pass the required background check to purchase the firearm for him/her. It is highly illegal and punishable by a $250,000 fine and 10 years in prison.
Federal law (dictates practice of the ffl) reads as below regarding "Prohibited Persons"
2. Who is a "Prohibited Person?"
The following classes of persons are prohibited by federal law from possessing, receiving, shipping, or transporting firearms or ammunition:
•Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
•Fugitives from justice.
•Unlawful users of certain depressant, narcotic or stimulant drugs.
•Those adjudicated as mental defectives or incompetents, or those committed to any mental institution.
•Illegal aliens.
•Persons who have renounced their citizenship.
•Those persons dishonorably discharged from the Armed Forces.
•Persons less than 18 years of age for the purchase of a shotgun or rifle.
•Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
•Persons subject to a court order that restrains such persons from harassing, stalking or threatening an intimate partner.
•Persons convicted in any court of a misdemeanor crime of domestic violence.
•Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport or ship any firearm or ammunition.
Straw purchase as defined by BATFE via dontlie.org
What is a straw purchase?
A straw purchase is an illegal firearm purchase where the actual buyer of the gun, being unable to pass the required federal background check or desiring to not have his or her name associated with the transaction, uses a proxy buyer who can pass the required background check to purchase the firearm for him/her. It is highly illegal and punishable by a $250,000 fine and 10 years in prison.
Federal law (dictates practice of the ffl) reads as below regarding "Prohibited Persons"
2. Who is a "Prohibited Person?"
The following classes of persons are prohibited by federal law from possessing, receiving, shipping, or transporting firearms or ammunition:
•Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
•Fugitives from justice.
•Unlawful users of certain depressant, narcotic or stimulant drugs.
•Those adjudicated as mental defectives or incompetents, or those committed to any mental institution.
•Illegal aliens.
•Persons who have renounced their citizenship.
•Those persons dishonorably discharged from the Armed Forces.
•Persons less than 18 years of age for the purchase of a shotgun or rifle.
•Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
•Persons subject to a court order that restrains such persons from harassing, stalking or threatening an intimate partner.
•Persons convicted in any court of a misdemeanor crime of domestic violence.
•Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport or ship any firearm or ammunition.
by the above federal definitions, buying with intent to provide to a minor (under 21 in the eyes of the federal gvt in regards to a handgun) would be considered a straw purchase, since the above mentioned minor is unable to pass a FEDERAL background check (because of their age).
intent is always a gray thing with the atf, but it a lot easier to prove when you've made posts like this asking about in online...
intent is always a gray thing with the atf, but it a lot easier to prove when you've made posts like this asking about in online...
you'll be 21 before you can get everyone here to agree. Just buy a folding stock short barreled shotgun.
The answer here is easy. The person who buys the gun simply no longer wants it.
When they bought the gun, they intended to keep it for a while. They then decided they didn't like it and decided to sell.
"Intent" is never an issue, because "intent" can change. One can totally "intend" to puchase something for themselves, and then intend to sell that item later on.
"Intent" is a nebulous legal place. Intent changes all the time.
When they bought the gun, they intended to keep it for a while. They then decided they didn't like it and decided to sell.
"Intent" is never an issue, because "intent" can change. One can totally "intend" to puchase something for themselves, and then intend to sell that item later on.
"Intent" is a nebulous legal place. Intent changes all the time.
