Paying for someone's gun?

[Anh Le]

First, let me start this out by saying this is all hypothetical. I was curious as to the legalities of paying for someone else's gun. I have a scenario that I think is legal, but just in case, I wanted some input to confirm. Let me elaborate:

Say person A wants to buy a gun from B. Person A is a Georgia resident and a citizen with a clean record, but he's poor and he barely speaks English. I decide to take it upon myself to be his Santa and "micromanage" the deal between them because person A is very dear to me.

I contact person B, who is selling a gun. I set up a deal, I pay for the gun on A's behalf, and tell person B to go to person A's house for the meet and the transfer of the gun. The gun is paid for, but for person A to get the gun, he still has to show his licence to person B. When person B sees that all is well, he gives person A the gun and all is well. Person A is happy with his new gun.

I don't consider it a straw-man because I'm not buying the gun using my own credentials and giving it to person A. Essentially, the deal is still between A and B. I'm just doing all the work for A so he doesn't have to. He still has to go through the legal process. The cash is simply coming from me. It would be the same as me giving person A the cash, and telling him to go pay for the gun himself. I'm just trying to take as much of the load off as possible. The less steps for A, the better. I don't even think I would classify as a middle man.

 

[militaryrednek]

sounds sketch. i wouldn't try it. you pay for a gun, then tell that person to go somewhere else to deliver said gun? i would say no to that deal faster than you can blink.


what i would do in this situation....

bring the actual buyer (person A, the cant speak english guy) WITH you to the deal. And you be a "helper/intermediary" to the transaction (ie. interpret / inspect said gun / etc.). give your cash to person A BEFOREHAND as a gift for him to use for whatever he wants so he can be the person handing over the cash to person B.

 

[Bypass]

I got through one paragraph. Straw purchase.

 

[Horsehat]

A good attorney or even a not good one would make you look guilty as Cain. Even if you did this with pure motives. If you for some reason ended up possessing the gun it would be even worse.

 

[BanjoJohn]

I don't think there are "straw purchases" in the eyes of the law, in a private party sale.

There is no law (that I'm aware of) stating that the buyer in a private transaction has to be the recipient/owner of the firearm.

NOT Knowingly sell to someone who is not a resident of your state or a Known by you to be a convicted felon.

That being said, why didn't you get the money from A, buy the firearm from B, and give it to A, without all the meetings and such?

 

[BanjoJohn]

A good attorney or even a not good one would make you look guilty as Cain. Even if you did this with pure motives. If you for some reason ended up possessing the gun it would be even worse.

Guilty of what?

Motives?

So the OP is going to be guilty of something, regardless whether he or the Mexican has possession of the firearm?

 

[Horsehat]

Guilty of what?

Motives?

So the OP is going to be guilty of something, regardless whether he or the Mexican has possession of the firearm?

He could be made to look that way by a good prosecutor. Why take the chance. It is becoming more and more an anti gun society and were the gun to be used in a high profile crime some prosecutor would be happy for the chance to pursue the case. IMO

 

[palmettomoon]

I don't get it. Why not have A buy his own gun if he's not a prohibited person? You just give him the money.

 

[Kahrnut]

h ^

 

[BanjoJohn]

He could be made to look that way by a good prosecutor. Why take the chance. It is becoming more and more an anti gun society and were the gun to be used in a high profile crime some prosecutor would be happy for the chance to pursue the case. IMO

A good prosecutor can make someone look guilty of what? DUI, BUI, trespassing, possession of illegal drugs, pedophile?
A "straw Purchase" would consist of a firearm being bought from a FFL holder by someone that is purchasing with the sole intention of giving the firearm to someone else.

90% of the time you are only guilty of whatever you confess to, even if there is video footage, deny, deny, deny.

The OP made no mention of a FFL holder in the transaction.

What's this "Legal Process" the OP speaks of? These are the only "Legal" requirements.


NOT Knowingly sell to someone who is a non resident of your state or a Known by you to be a convicted felon.