Lady Wants To Buy Pistol For Husband. Is that legal?

[Barbwire]

I had some PM's from a new member very near my location that is over 21 and has a GA Weapons Permit that wants to buy a pistol from me to give to her husband as a gift. She says he also has his permit but she wants to do the buy. Would I be legal to do this? Thanks guys

 

[JDG.]

Buying as a gift is legal. Buying for someone you know cant legally buy is a straw purchase. I am not a lawyer.

 

[Kahrnut]

Charge exra hundy fer lo-lo.

 

[gh1950]

Buying as a gift is legal. Buying for someone you know cant legally buy is a straw purchase. I am not a lawyer.

Straw purchases are not illegal. Lying on Form 4473 about it being a straw purchase is illegal.

But buying it for a gift is not illegal. What the gov't uses as the defining characteristic of a straw purchase is if you received the money for the purchase before the purchase was made.

 

[Psilloh1]

Is she spry?

 

[JDG.]

Straw purchases are not illegal. Lying on Form 4473 about it being a straw purchase is illegal.

But buying it for a gift is not illegal. What the gov't uses as the defining characteristic of a straw purchase is if you received the money for the purchase before the purchase was made.

Straw purchases are indeed illegal. Lying on the form is another illegal act.

. Buying a gun for someone who is prohibited by law from possessing one or for someone who does not want his or her name associated with the transaction is a "straw purchase."

• An illegal firearm purchase (straw purchase) is a federal crime.

 

[Fatal_Bert]

Do you have any reason to suspect she might not be legally able to own a firearm? If no sell her the damn gun.

 

[BIKER13]

IN for spry

 

[Barbwire]

Said she would get back to me today and has not. Maybe she changed her mind. Thanks to all who responded.

 

[gh1950]

Straw purchases are indeed illegal. Lying on the form is another illegal act.

You did not source your erroneous information. A :"straw purchase" is not a federal crime.

The U.S Supreme Court expressly said so in Abramski v. United States. Supreme Court decisions trump unattributed internet quotes every time. We have discussed this many times

Abramski made a straw purchase, there was no question about that. He was charged with two crimes,

The government charged Abramski in the Western District of Virginia with (1) violating § 922(a)(6) by making a false statement material to the lawfulness of a firearm sale,15. Id. at 312 & n.2. and (2) violating § 924(a)(1)(A) by making a false statement with respect to information required to be kept in a firearm dealer’s records.16. Id. at 312 & n.3.
128 Harv. L. Rev. 391

Neither he or the ultimate purchaser was charged with conducting a "straw purchase" because it's not a federal crime.

Mindlessly repeating erroneous internet memes does not morph them into the truth.

P.S. Abramski bought the gun for his uncle, and as far as I know the uncle got to keep the gun, because there was nothing illegal about its purchase or the transfer of possession.