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

[furious]

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.

This was a hypothetical situation. Although I have had people TRY to buy from me and mention that it would be a gift. I've also noticed ads here recently mentioning looking for guns to give as gifts.

I've been REALLY picky lately on who I sell/buy anything to/from.

 

[turnipgreen28]

dang't im never gonna get laid again or was she giving me a gift ??

 

[sniper22]

This was a hypothetical situation. Although I have had people TRY to buy from me and mention that it would be a gift. I've also noticed ads here recently mentioning looking for guns to give as gifts.

I've been REALLY picky lately on who I sell/buy anything to/from.

A gift is fine, just tell the buyer that you don't need to know anything other than if they are leagal.

 

[CBH13]

cant imagine any problem with it. Its a gift, as long as no money or service was exchanged i wouldnt think it could count as the other person "purchasing" the gun from you.

 

[dondon48]

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.


..

if you don't want to sell to them you are under no obligation...to answer your question, as long as you and the giftee are both eligible to purchase the weapon then you are within the law...also assuming you are in the same state...

 

[boxer90]

This was a hypothetical situation. Although I have had people TRY to buy from me and mention that it would be a gift. I've also noticed ads here recently mentioning looking for guns to give as gifts.

I've been REALLY picky lately on who I sell/buy anything to/from.

Well, it is Christmas time ...

Though people shouldn't be disclosing their personal business to others, but that's my opinion. The law states I don't have to tell you why I'm buying it, and I've never been a fan of small talk. In the age of domestic surveillance and invasion of privacy, people are willfully giving up more information than they should.

But if "gifting" were a big issue, there would be a lot of parents and grandparents and wives and husbands in prison right now.

 

[boxer90]

if you don't want to sell to them you are under no obligation...to answer your question, as long as you and the giftee are both eligible to purchase the weapon then you are within the law...also assuming you are in the same state...

To add to that, I believe (but don't take my word on it at 100%) that the straw purchase issue only applies to dealers, not individuals.

 

[dondon48]

To add to that, I believe (but don't take my word on it at 100%) that the straw purchase issue only applies to dealers, not individuals.

that too...also, you are under no obligation to check the background of the person you sell to...if they happen to be a felon and don't tell you it's on them, not you...if you KNOW they are a felon and you sell to them you are screwed

 

[gh1950]

This was a hypothetical situation. Although I have had people TRY to buy from me and mention that it would be a gift. I've also noticed ads here recently mentioning looking for guns to give as gifts.

I've been REALLY picky lately on who I sell/buy anything to/from.

There is no law against a "Straw purchase." There is especially no law affecting private sellers.

If you actually read the Abramski case instead of just the ighorant newspaper account, what Abramski was convicted of was lying on the Form 4473 about the transaction being a "straw purchase." Both the majority opinion and the dissent explain at great length that there is no federal law against a "straw purchase", the law is against lying about it on the form. Contrary to what the newspaper article says, the decision did not "affirm" the federal law against "straw purchases."

Being as no Form 4473 is required for a private transaction, there are no legal issues involved regarding a "straw transaction."

It's like a BOS, if the wannabe FFLS want to worry about "straw purchases", let them have at it.

I can tell a private seller that I want to buy a gun as a "get out of jail" present for my brother, and there is no legal obligation on the seller.

 

[Willy Leadwell]

Wives go into gun stores all the time looking for help from the clerk to pick out a gun for their husband. I got one for Christmas last year, the wife and the counter guy decided that I would like a Sig P290 for concealed carry, and I do.