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

[gh1950]

Once you tell me that you're buying it for somebody else, you're making it my business.
If you won't tell me that this unknown other person is legally qualified to have guns, it is reasonable to assume that he is not.

Still none of your business.

The only legal requirement if you are not an FFL is to determine that I'm a resident of the same state, and that you have no reasonable reason to believe that I cannot own a gun because I'm a convicted felon.

Of course, if you insist that I tell you that this other person is "legally qualified to have guns" then I guess I will just have to do that, if that's what floats your boat.

 

[woodstock]

why do people looking for a gun, buy straw?

 

[spencer60]

The 4473 specifically says that if you use your own money to buy the firearm being purchased as a present, you can legally answer YES to question 11a (the one asking of the firearm is for you).

While that's in a retail sale, and the OP asked about private sales, I would say (in a very non-legally binding sense) that it would be the same for either. There's no reason a provate sale would be any different than a retail sale in this regard.

The actual example given is on page 4

https://www.atf.gov/file/61446/download

 

[boxer90]

why do people looking for a gun, buy straw?

Freedom. May not know the laws. Might not want to drive across the State or ship a gun if their buddy sees something (and I've seen this in gun shops before, people on the phone at least). Might not want the government knowing about the purchase. Might not want to fill out the form. Plenty of reasons.

 

[gh1950]

why do people looking for a gun, buy straw?

Facts of the Abramski case, Local gun store had a deal with an LE discount, straw purchaser wanted to take advantage of the deal for his retired LEO uncle. Again, the majority of SCOTUS admitted that the transaction itself was legal and did not violate any gun laws, but it was LYING about it on the 4473 that created a crime.

Back in the day, when LGS had a big annual sale, I've done the same thing for buddies in SE GA (pre-internet, pre-Wally World). Guess I'm lucky the statute of limitations has expired.

 

[StuP]

I think the intent is obvious, even if it's not generally enforceable. The government doesn't want someone who can legally buy a gun doing so on behalf of someone who can't.

Is it effective ? I doubt it. Like it or not, I'm sure some criminals end up with guns this way, and through private purchase. Criminals will still get them, don't get me wrong, but without draconian controls this seems to be the best the gov come up with.

 

[spencer60]

I think the intent is obvious, even if it's not generally enforceable. The government doesn't want someone who can legally buy a gun doing so on behalf of someone who can't.

Is it effective ? I doubt it. Like it or not, I'm sure some criminals end up with guns this way, and through private purchase. Criminals will still get them, don't get me wrong, but without draconian controls this seems to be the best the gov come up with.

I want to say that straw purchases accounted for roughly 45% of all legal firearms. The DoJ did a study a while ago breaking down the different sources.

Interestingly, 'gun shows and flea markets' were under 1% (.08% if I remember), and a an analysis of the rest of the data showed that all private sales only accounted for 3.6% (again, going from memory).

A recent Chicago study pointed out the reason private sales to criminals are so rare. Criminals don't like to buy guns from people they don't know. They are afraid it could be a sting, or just that the seller would turn around and rat them out if LE started asking questions.

They would much rather buy a gun at an inflated markup from another criminal, since they know for a fact that THEY aren't cops trying to get them on a felon-in-possession charge.

Ot they send the baby-mama into the store to straw-buy a gun for them, after assuring her that even if she's caught they would never prosecute (and being right).