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Grading on a curve I see...Nice troll but it was a bit too obvious. B+ for effort though.
Had convicted felon, (I made the charges, and was present at sentencing) try to buy a gun. The guy did not recognize me until I "reminded" him. Then sent in his long time girl friend in to buy the same gun.
Gun stayed on the shelf that day! LOL
huh? i thought if no exchange of money occurred then it would be fine
a gift is a gift, regardless of whether someone asked you for it or not
i could be wrong but thats how i understood it
Where does the law state that?
Title 18 USC 922(d)[TABLE="class: post-message"]
[TR]
[TD][/TD]
[TD="width: 99%"](d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -
(1) is under indictment for, or has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one
year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been
committed to any mental institution;
(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been
admitted to the United States under a nonimmigrant visa (as
that term is defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who (!2) has been discharged from the Armed Forces under
dishonorable conditions;
(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such
person or child of such intimate partner or person, or engaging
in other conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or child, except
that this paragraph shall only apply to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had the opportunity to
participate; and
(B)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of
domestic violence.
[/TD]
[/TR]
[/TABLE]
Perfectly legal to purchase a gun and give it as a present to someone else, as long as whoever bought the gun didn't buy it to just sell to someone who isn't supposed to have it.No, a straw purchase is buying a firearm on someone's behalf.
AFT - It is a serious crime to buy a firearm for a prohibited person or for someone who does not otherwise want his or her name associated with the transaction.
It is not just buying a gun for a felon. It is buying a firearm, not as a gift but because someone asked you too.
What I was asking about was the specific claim of "someone who does not otherwise want his or her name associated with the transaction." That's an intent issue that would be pretty difficult if not impossible to prove.4473 question #11a. "Are you the actual buyer of the firearm? Warning: You are not the actual buyer if you are buying on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm."
As a dealer we follow this rule.
Perfectly legal to purchase a gun and give it as a present to someone else, as long as whoever bought the gun didn't buy it to just sell to someone who isn't supposed to have it.
What I was asking about was the specific claim of "someone who does not otherwise want his or her name associated with the transaction." That's an intent issue that would be pretty difficult if not impossible to prove.
So let's say you are running a great sale and I can't get there for any number of reasons, before the sale ends. I'm perfectly legal to own and purchase the firearm but just can't get there in time. I ask a friend who is a regular customer that lives nearby to pick it up for me next time he's in there and I'll buy it from him the next time I see him. You are saying if you knew this, you would not complete the transaction?