If someone makes a cash offer on a firearm listing and mentions that they are buying it as a gift for someone else, is it a straw purchase?
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Straw purchase?
- Thread starter patriotpower
- Start date
The intent of the straw purchase law was to prevent those that couldn't legally buy a firearm from obtaining one from someone else. However, in a recent case they prosecuted a man who purchased a gun for his uncle who was legally able to purchase the gun on his own, so in my opinion the "intent" of the law was not followed in that ruling. You are able to purchase a gun to gift, however. Like most things gun-related, it is vague and at times arbitrary. All of that is to say I don't know for sure. 
I'm the seller and the buyer mentioned the gift factor. So now I'm not sure if I can sell it to this person. It seems that the law's intent is to be sure I don't sell to someone who I know can't legally own it.
I think you are correct that is the law's intent. What I've never figured out is the gift factor and a 4473, specifically for this question:
You are not a FFL. Straw puchsses do not apply to you, nor is buying a firearm as a gift a straw purchase .
Your only requirement is not knowingly selling to an ineligible buyer.
Your only requirement is not knowingly selling to an ineligible buyer.
Thanks
while this doesn't specifically address your question (this references specifically parent/minor exchange)... it does address the overall intent.
https://www.atf.gov/firearms/qa/may...or-ammunition-gift-juvenile-less-18-years-age
Unless you believe either party to be an ineligible possessor of the weapon... I think you are good to go.
https://www.atf.gov/firearms/qa/may...or-ammunition-gift-juvenile-less-18-years-age
Unless you believe either party to be an ineligible possessor of the weapon... I think you are good to go.
As others said above:
The whole idea of a "straw purchase" involves stopping the government from having accurate records of firearms sales and doing background checks on gun purchasers at FFL gun dealers. Since private party sales in Georgia have NO paperwork requirements, and NO background checks, this concept just doesn't apply to private deals.
And, even from a dealer, a person can buy a gun and make that gun their own, temporarily, intending to soon GIVE AWAY that property as a gift to another.
Sarah Brady reportedly bought a rifle for her adult son, an avid hunter. That's legal. You can give your own property away, and to make it your property in the first place you might buy it new from a gun dealer. However, there can be a gray area if the other person does all the shopping and selects the gun, and the "giver" just pays for it and does the 4473 & background check. If the future recipient of the gift both selects it AND pays for it, then certainly he is the real purchaser, and anybody else filling out the form 4473 is doing a straw purchase.
The whole idea of a "straw purchase" involves stopping the government from having accurate records of firearms sales and doing background checks on gun purchasers at FFL gun dealers. Since private party sales in Georgia have NO paperwork requirements, and NO background checks, this concept just doesn't apply to private deals.
And, even from a dealer, a person can buy a gun and make that gun their own, temporarily, intending to soon GIVE AWAY that property as a gift to another.
Sarah Brady reportedly bought a rifle for her adult son, an avid hunter. That's legal. You can give your own property away, and to make it your property in the first place you might buy it new from a gun dealer. However, there can be a gray area if the other person does all the shopping and selects the gun, and the "giver" just pays for it and does the 4473 & background check. If the future recipient of the gift both selects it AND pays for it, then certainly he is the real purchaser, and anybody else filling out the form 4473 is doing a straw purchase.
