Straw Purchase Question

[BillsCamino]

OK...
What if the wife "keeps" it for a few days and then decides she doesn't like it and gives it to hubby ???
Tough to prove otherwise...

 

[CTS Tactical]

The way I read it is that as long as she is an authorized user on that card then it is no problem.
Clipped from latest ATF newsletter:

 

[Plinker66]

Clear as mud

 

[CTS Tactical]

The last two scenarios apply. If it is a bona fide gift and she is an authorized user on the card it is not a straw purchase.

 

[gh1950]

The last two scenarios apply. If it is a bona fide gift and she is an authorized user on the card it is not a straw purchase.

ATF doesn't want to go there. Who is an authorized user and their legal rights and responsibilities are totally outside ATF's scope. Pretty sure ATF doesn't have jurisdiction over banking law.

 

[CTS Tactical]

ATF doesn't want to go there. Who is an authorized user and their legal rights and responsibilities are totally outside ATF's scope. Pretty sure ATF doesn't have jurisdiction over banking law.

If she is not an authorized user of the card it would be the same as him giving her cash money to go buy a gun for him so that he didn't have to fill out the paperwork. It is not a bona fide gift from her if he gave her the money to buy it.
And ATF already went there. I posted that clip taken directly from the June 2021 FFL newsletter.

 

[gh1950]

Has nothing to do with banking law. If she is not an authorized user of the card it would be the same if he gave her cash money and told her to go buy a gun for him so that he didn't have to fill out the paperwork. It is not a bona fide gift from her if he gave her the money to buy it.

It is a matter of banking law, because banking law is what creates her right to use the card. Banking law is what creates the card in the first place. ATF can't redefine those rights.

it would be as if ATf said "no one can use a credit card that two people can use because we can't police what is a straw purchase."

As for him giving her money, he has to give it to her for the specific purpose of buying a gun. If he gives her a wad of cash, and tells her to go buy herself something pretty, and she decides she wants something for her lovin' man, she can buy him the gun.

What if they have a joint checking account, and hubby puts some money into it and asks wifey to get him that High Point he has been coveting. She makes her own contributions to the account. Is she using his money?

What if hubby doesn't deposit a specific sum of money for the gun purchase, but he is the only one to deposit money in the joint account (a not uncommon scenario). If he asks her to buy him a gun and tells her to just pay for it with a check, is that a staw purchase?

 

[BamaFan]

The way I read it is that as long as she is an authorized user on that card then it is no problem.
Clipped from latest ATF newsletter:
View attachment 3315823

Wait a minute... I'm hanging out with all you fudds on a Friday night and the ATF has a newsletter I could be reading!?!?

 

[CTS Tactical]

It is a matter of banking law, because banking law is what creates her right to use the card. Banking law is what creates the card in the first place. ATF can't redefine those rights.

it would be as if ATf said "no one can use a credit card that two people can use because we can't police what is a straw purchase."

As for him giving her money, he has to give it to her for the specific purpose of buying a gun. If he gives her a wad of cash, and tells her to go buy herself something pretty, and she decides she wants something for her lovin' man, she can buy him the gun.

What if they have a joint checking account, and hubby puts some money into it and asks wifey to get him that High Point he has been coveting. She makes her own contributions to the account. Is she using his money?

What if hubby doesn't deposit a specific sum of money for the gun purchase, but he is the only one to deposit money in the joint account (a not uncommon scenario). If he asks her to buy him a gun and tells her to just pay for it with a check, is that a staw purchase?

You are trying to argue with the wrong person. I am simply telling you what ATF newsletter states. I even showed it to you and you still want to argue. I have better things to do. Take it up with ATF.

 

[gh1950]

You are trying to argue with the wrong person. I am simply telling you what ATF newsletter states. I even showed it to you and you still want to argue. I have better things to do. Take it up with ATF.

i'm not arguing = the ATF ruling is like a ruling that "the sun comes up in the east." Well. o.k.

Abramski very narrowly defined what a straw purchase is. And this is not for CTS, but to repeat for the 100th time, a straw purchase is not illegal, all the Jr. G men on ODT can stand down.

I'm just clarifying that under Abramski ATF would have an insurmountable burden of proof to show that a well defined commercial relationship violated national firearms law.

At the end of the day, ATF is controlled by a very few firearms laws that justify its existence.