Straw purchase

[NGIB]

While the straw purchase only applies to an FFL, the multiple examples I've seen the past few days about folks telling the seller the gun is for someone else worries me.

The law here in GA reads to the effect that you must be reasonably certain the buyer is allowed to posess the gun. Three main things to check: are they a GA resident; are they of legal age; and are they prohibited from owning a gun.

The quick way to get a warm fuzzy is to ask the buyer to show you their GFL/GWL - if they have one you are guaranteed good to go. Option two is to look at their drivers license to verify age & residency and then ask "Are you allowed to own this gun". If they answer "Yes", you've met the law - if they lie it's on them.

Yes, a straw purchase only applies to an FFL dealer; however, once you are told that the person you are delivering the gun to is a middleman - you can't satisfy GA law. My alarm bells went off when I saw the posts about this and I'm guessing it's some sort of media/anti/fed sting operation. Why tell the seller you're not the real buyer unless the purpose is to trap a seller? Is this tin foil on my part? Never seen this happen once, much less the several times lately in all the gun deals I've done and seen.

I think the antis would love to see a forum like this discredited and someone even arrested - so I am going to be VERY careful from now on...

 

[jkdailey]

I agree.

 

[CraigMo]

Yeah, I've seen quite a few in the past... Posting this for my uncle/dad, whatever, contact him to buy the gun, but this buying it for someone else only raises questions.

 

[Proximal]

x2

 

[Beerman]

Great point Boss.

 

[Leatherhead]

Great point Boss.

x2!

 

[WC1911guy]

If they aren't a solid member here on ODT and able to at least show proof of residency I won't sell and I let them know right up front BEFORE we meet. If I'm the buyer I always show my GWL/DL first thing as a courtesy to the seller. Just a quick "here you go so we both know all is good" and then to the deal.

 

[jsquared]

Someone made an interesting point in another thread about this: if I am far away from a sale and know someone in that area I might ask that my friend buy the gun and I pay them when I pick it up from them. I think this is a realistic scenario.

In this case, while perfectly legal, the seller would probably get a bad feeling about it. I have a GWL but that doesnt mean much to the seller when my friend is the one meeting him to buy it.

So what would you do in this case? Forgo the sale? What if BOTH parties had GWLs, would you do it then?

PS, having a GWL just means you had a clean record at one point, as long as 5 years ago (or longer, when was the last time you inspected the date on someone's GWL in a deal?). Shoot, the older ones, you could make one at home in 10 minutes with a printer and a laminater. Just sayin.

 

[NGIB]

Someone made an interesting point in another thread about this: if I am far away from a sale and know someone in that area I might ask that my friend buy the gun and I pay them when I pick it up from them. I think this is a realistic scenario.

In this case, while perfectly legal, the seller would probably get a bad feeling about it. I have a GWL but that doesnt mean much to the seller when my friend is the one meeting him to buy it.

So what would you do in this case? Forgo the sale? What if BOTH parties had GWLs, would you do it then?

PS, having a GWL just means you had a clean record at one point, as long as 5 years ago (or longer, when was the last time you inspected someone's GWL in a deal?). Shoot, the older ones, you could make one at home in 10 minutes with a printer and a laminater. Just sayin.

You make valid points but the law says you must be reasonably certain the buyer is legal. If I see a not expired GFL I've met the reasonableness standard. Good intentions don't mean much when you're standing in front of the judge. Y'all do what you're comfortable with but it will only take once to put all private sales AND forums like this in real jeopardy. Trust me, the antis have been looking for this silver bullet for a long time and I guarantee that they scan forums like this regularly and frequently...

 

[jsquared]

So youre telling me at every sale you do, you inspect the person's GWL to make sure it isnt expired? Do you inspect it close enough to make sure it is real? If it one of the older ones, do you ask for a second form of ID to make sure the name on the GWL matches their picture, or check their thumb print to make sure it is their GWL you are seeing?

My point here is, you can never 100% trust a piece of paper, which is why the "reasonably sure" stipulation at the state AND federal level is complete BS.

If I ask the buyer if they are a state resident and legally able to buy the item, and they say yes to both, I am as reasonably sure as I ever will be. Some people don't even go that far, but I still ask to see a GA license to make sure they are a state resident.