Would this still be considered an illegal straw purchase?

This is a discussion on Would this still be considered an illegal straw purchase? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; First off. I have no trouble passing the paper. I could go and purchase any legal firearm right now. But...my brother, due to where he ...

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Thread: Would this still be considered an illegal straw purchase?

  1. #1
    Senior Member Array jualdeaux's Avatar
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    Would this still be considered an illegal straw purchase?

    First off. I have no trouble passing the paper. I could go and purchase any legal firearm right now.

    But...my brother, due to where he works, can get a very nice discount on a firearm that I have been wanting for a while. I have the money to get said firearm and would like to get his discount. So, the question is, would it be an illegal straw purchase if I give him the money to get it for me at his discounted price?

    I am not going to do anything illegal and and i'm certainly not going to ask him to do anything illegal but I would be interested to hear the law regarding this.

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  3. #2
    Ex Member Array Pete's Avatar
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    He can buy the gun at the discounted price with his own money and give it to you as a gift. That is the legal way to do this.
    If the money he spends is a loan from you that is not repayable then that is your own affair.
    The wording of all this is very delicate, although you are legal to buy this gun he should gift it to you.

  4. #3
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    Gift, or private sale, depending on the laws of your state.

    He buys it, then you pay him for it, just like any other private sale.

    but then again IANAL.
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    Yes, he is buying the gun for the intended purpose of transferring it to you. While intend to circumvent the law is not present, I would say it is still considered an illegal purchase.


    Note : I am not a lawyer.
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    My answer would be to have him buy the gun then transfer it to you through an FFL. It is still tricky because of the question about buying it with the intention of selling it to someone else. But, I can't see anyone complaining if you go through an FFL to transfer.
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  7. #6
    Ex Member Array Pete's Avatar
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    Here in TN there is no need for a FFL for a gift, check your state.
    I'm not trying to get around the law at all but why pay up to $50 just so a gun shop can get involved on a legally transferred gift.

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    Quote Originally Posted by Echo_Four View Post
    My answer would be to have him buy the gun then transfer it to you through an FFL. It is still tricky because of the question about buying it with the intention of selling it to someone else. But, I can't see anyone complaining if you go through an FFL to transfer.
    This is probably the most legal way to do it. He will purchase it and have to go through a background check to do so and when he sells it to you through an FFL, you will go through a background check and it will be, then the transfer will be legal and on the up and up. It may cost you an extra $30 for the transfer fee, but that's minimal compared to the knowledge you made a legal purchase.

    0.02 is right though.. Check your state laws. In PA I can buy a gun and give it to my Father, Mother, husband or children without legally transferring it, but I can't give it to my brother's or sisters.

    Your state may have different laws about the gifting of firearms. Look into it to be sure things are honest and open and legal.


  9. #8
    Senior Member Array jualdeaux's Avatar
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    Yeah. All these answers are what I was expecting to get. But it didn't hurt to ask. Thanks everyone.

  10. #9
    Senior Member Array blueyedevil's Avatar
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    You're fine, your brother is not knowingly transferring the firearm to someone he has reason to believe is not able to legally posses it. If you want have him buy the firearm, realize he doesn't like it and sell it to you for the purchase price. Really, as long as you're legal to buy it and he's legal to buy it, and there's no shipping involved, it's not a problem, IANAL.

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    From the ATF site:

    A straw purchase is a purchase in which the actual purchaser uses someone else—a.k.a. the “straw person” to make the purchase and complete the paperwork. Generally straw purchasers are utilized because the actual purchaser is not eligible to conduct a transaction because they’re in one or more legally prohibited categories, such as being addicted to a controlled substance, being a felon, being underage, and so on.

    However, a straw purchase occurs even when the actual purchaser is not a prohibited person. The crime committed is knowingly making a false statement on the Form 4473 indicating that the straw purchaser is the actual purchaser, when this is not the case
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    Ex Member Array azchevy's Avatar
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    That right there is a law based on government control. Same reason they shut down e-gold. Because they can't control who owns what even when there is no "mandatory gun registration" or "gold ownership registration" in the US.

    Of course the patriot act will be used as justification.

    Another breach of freedom law in my opinion. I can understand trying to keep weapons out of the hands of criminals but if I am a criminal I guarantee I will find a weapon and I wont need someone to do a straw purchase to get one. there is enough of a black market due to home burglaries to get weapons in the hands of criminals and terrorists do not need straw purchases to find weapons, there are enough countries like Cuba, Iran, and Venuzuela that would be more than happy to arm them.

    OK my rant is done :)

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    Senior Member Array jeep45238's Avatar
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    I love Ohio...face to face citizen to citizen is perfectly legal as long as both can legally purchase firearms.

    No paperwork, no taxes, and the state is forbidden from keeping registration info (I'm pretty sure on that, but not positive.)
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  14. #13
    Senior Member Array Smith&Wessonfan's Avatar
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    There is no straw purchase in the scenario you describe.

    Your brother likes gun.

    Your brother buys gun.

    You like your brother's new gun.

    Your brother sells you his new gun.

    End of story.

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    Senior Member Array Shadowsbane's Avatar
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    Long gun or handgun. Some states differ on what it is exactly.

    For example I can gift/sell a longgun without getting anybody else involved, but with a pistol I would need to keep their pistol permit on record or just go through a ffl
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    Quote Originally Posted by Smith&Wessonfan View Post
    There is no straw purchase in the scenario you describe.

    Your brother likes gun.

    Your brother buys gun.

    You like your brother's new gun.

    Your brother sells you his new gun.

    End of story.
    ...given the "scenario"; his brother would be purchasing it on his behalf to take advantage of a discount that only his brother can get = straw purchase.
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