"I'm buying this gun as a gift." Straw purchase?

[furious]

Is it legal to sell a gun to someone when they say that they're purchasing it for someone else? Isn't that a straw purchase? Does it really matter if it's a "gift" or not? Couldn't the parent/wife/husband/brother be buying a gun for a felon or other person that shouldn't have a gun?


I know it specifically says on a 4473 section 11: "Are you the actual transferee/buyer of the firearm listed on this form?". This is to cover the straw purchase law. I can't see why it would be any different for private sales. I may be wrong.


The fact is that I simply don't know the law on this one. Any help would be appreciated.

 

[GeauxLSU]

Enjoy.... http://www.theoutdoorstrader.com/threads/supreme-court-rules-on-straw-purchases.694222/

 

[JamesG]

I think for it count as a "straw purchase", the middleman would have to receive something as benefit in exchange. Cash, sexual favors, etc. A literal gift does not count.

 

[lostgeorge75]

I think for it count as a "straw purchase", the middleman would have to receive something as benefit in exchange. Cash, sexual favors, etc. A literal gift does not count.

So no more buying loving with gun gifts for gun girls?

 

[harrycalahan]

Ha you saw that WTB ad the other day too eh?

 

[furious]

I think for it count as a "straw purchase", the middleman would have to receive something as benefit in exchange. Cash, sexual favors, etc. A literal gift does not count.

I'm concerned with the legality of me selling a gun to someone who says they're buying it for someone else. I want to make sure that I am following the law as a seller/trader.


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[furious]

Enjoy.... http://www.theoutdoorstrader.com/threads/supreme-court-rules-on-straw-purchases.694222/

That case was against the buyer of the gun. Not the seller. If he had put "NO" on the 4473 and the gun shop sold it anyway then I'm pretty sure it would have been a different outcome. So why would it be any different for a private sale?


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[GeauxLSU]

That case was against the buyer of the gun. Not the seller. If he had put "NO" on the 4473 and the gun shop sold it anyway then I'm pretty sure it would have been a different outcome. So why would it be any different for a private sale?


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I know. The thread discussed every conceivable option, including 'gifts'.

 

[JamesG]

You only have the legal obligation to take reasonable due diligence to make sure the person who purchases the gun from you is legal to do so. If they turn around and conduct a "straw sale" then they are the one with culpability. When they said, "its a gift." that is really all you needed to say, and in fact you should/could have told them to shut their pie hole.

Now... what is "reasonable due diligence" is open to legal interpretation and a sufficiently assholish lawyer could still screw you up. But they could/do do that anyway, the rash of lawsuits by victims of shootings who sue the person who sold the shooter the gun, even if they were perfectly with rights to do so and so on.

 

[sniper22]

I'm concerned with the legality of me selling a gun to someone who says they're buying it for someone else. I want to make sure that I am following the law as a seller/trader.


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Good luck. Sounds like you might need to talk to @GAgunLAWbooklet