"selling for a friend"

[GAgunLAWbooklet]

There are two kinds of legal issues with a "straw purchase."

1-- you lie on a federal tax document, the Form 4473. You said you were the gun's actual buyer when really you were just a bagman for the real behind-the-scenes purchaser who sent you on this mission to buy a gun for him.

2-- you helped a prohibited person obtain a firearm, and that's the reason the real behind-the-scenes buyer didn't buy it himself directly.

Issue #1 can't happen in a private party sale. It only comes up when buying from an FFL dealer.

Issue #2, however COULD come up in a private party sale, and it's actually a violation of the law for a felon or other prohibited person to sell a gun (even though it's equally illegal to keep it and NOT sell it!). So, don't be the selling agent for a prohibited person disposing of a gun, unless you get a court's order directing you to do so (which sometimes happens-- lawyers whose clients get convicted and become prohibited persons sometimes get tasked to sell the guy's guns for him (but not to buyers that he finds or sends to the lawyer).

 

[Blue bio balls]

Love me some straw gunz....

 

[StuP]

Straw purchases refers to the buyer(s), nothing to do with the seller.

 

[palmettomoon]

Bullshyte. Straw purchase is buying a gun FOR a prohibited person. It's really as simple as that.

 

[Hayata]

Wait - if you buy a firearm from a felon - who by definition can't legally own a firearm - does that make you complicit in a crime???

So now BUYERS will have to start asking for a BOS and GWCL and blood sample, and...

 

[palmettomoon]

Wait - if you buy a firearm from a felon - who by definition can't legally own a firearm - does that make you complicit in a crime???

So now BUYERS will have to start asking for a BOS and GWCL and blood sample, and...

....stool sample.

 

[Glockadopoulos]

There are two kinds of legal issues with a "straw purchase."

1-- you lie on a federal tax document, the Form 4473. You said you were the gun's actual buyer when really you were just a bagman for the real behind-the-scenes purchaser who sent you on this mission to buy a gun for him.

Issue #1 can't happen in a private party sale. It only comes up when buying from an FFL dealer.

Wait, maybe I’ve been misunderstanding the law completely. Are you saying current legislation and case law makes it 100% legal for person A to privately purchase gun from person B, when person A has sole intention of buying the gun for person C? Or are you saying that it’s simply unlikely one would get caught in this scenario? I thought this was VERY illegal, though perhaps unenforceable.

 

[Glockadopoulos]

Bullshyte. Straw purchase is buying a gun FOR a prohibited person. It's really as simple as that.

This statement is correct, if you replace ‘prohibited’ with ‘another’

https://www.thefirearmblog.com/blog/2014/06/19/scotus-upholds-atfs-straw-purchase-prohibition/

 

[palmettomoon]

New "interpretations" aside, if they want you they'll get you. Anyone buying a firearm from an FFL and listing here on this site within a couple of hours seems to fall under the ruling, no?

 

[AC-130 Above]

Kinda all goes back to the saying "its not what you know its what you can prove"