I want to make sure I have this right

This is a discussion on I want to make sure I have this right within the General Firearm Discussion forums, part of the Related Topics category; I have a question, and I think I am ok, I just want to make sure first before I follow through with it. A few ...

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Thread: I want to make sure I have this right

  1. #1
    Distinguished Member Array Pro2A's Avatar
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    Question I want to make sure I have this right

    I have a question, and I think I am ok, I just want to make sure first before I follow through with it.

    A few facts first, my buddy is in Iraq now on tour. He is stationed at Ft. Lewis in Washington, yet he is a Maryland resident. He is coming home directly to MD for 15 days. We are gonna hang out in PA for a few days while he is home.

    Anyway he is coming back from Iraq on leave in 2 weeks and I guess he is getting or has bought a handgun online. Since he is Iraq now he can't take possession of it yet. He really doesn't want to send it to his post since he wont be there for the 15 days, although that is an option.

    He wants to shoot it when we go to the range, but MD has a 7 day waiting period on handguns. He figures it would be easier to send it to an FFL in PA and have me pick it up. Obviously I would be the one doing the background check and I would take possession of it.

    Once I take him back to MD after our visit, I'd transfer it back to him or his dad at a MD FFL until it can be picked up after the 7 day waiting period.

    I'm pretty sure this is 100% legal. Am I missing anything?

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  3. #2
    jbs
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    The problem I see is he is paying for it and you are taking possesion. that might be considered a straw purchase.
    If you were the sole person involved in the transaction, purchase, wait, possession, then you could do a sale through FFL's interstate to your buddy later.
    I don't think an FFL will allow anyone other than the purchaser to take possesion.
    I'm sure others will reply to explain it exactly.
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  4. #3
    Distinguished Member Array Pro2A's Avatar
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    I thought straw purchasing was if I bought a gun for a felon. He is not a felon.

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    jbs
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    Straw purchase - Wikipedia, the free encyclopedia

    Firearms and alcohol purchase
    However, the term is widely used within the context of United States federal gun laws, whereby a straw purchase is defined as any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is acting as a proxy for another person. The law does not distinguish between someone who is purchasing on behalf of a person who legally cannot purchase or possess a firearm, and one who is not. In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor. One of the questions on form 4473 is “I am the buyer of this firearm” and the purchaser must answer honestly yes or no, by checking the appropriate box in ink. However, purchase of a firearm as a bona fide gift for someone who can legally own such a firearm is permitted.[

    So, it doesn't matter if felon or not, just the purchase is for another person.
    I'd look up the actual law but hockey's coming on. Maybe one of the 01 FFL's on the site will reply.
    If I need to oil a gun, I go to the beach.
    8040 Couger, P95
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    Swiss LG1911 1915 and 1916
    Brazilian VZ-24 JC (2), Brazilian Model 1908
    Spanish M1916

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    VIP Member Array Eagleks's Avatar
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    ^^^^^^ what he said ^^^^^^ it's a straw purchase and illegal.

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    Have him send it to Ft. Lewis and loan him one of yours for the range.
    And tell him thanks for his service for me.
    Retired USAF E-8. Remember: You're being watched!
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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    Distinguished Member Array Pro2A's Avatar
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    I guess my only reservation about the straw purchase is I am not giving it to him until we get back down to MD and transfer it to him. I thought a straw purchase was if I bought it and gave it to him without going thru another FFL.

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    VIP Member Array zacii's Avatar
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    I think you're ok. By the definitions given, if you bought a firearm for someone as a gift, it would be a straw purchase. How many have bought a .22 or similar for one of their children? Isn't that a straw purchase? They aren't legal possessors.
    Trust in God and keep your powder dry

    "A heavily armed citizenry is not about overthrowing the government; it is about preventing the government from overthrowing liberty. A people stripped of their right of self defense is defenseless against their own government." -source

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    Distinguished Member Array Agave's Avatar
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    Quote Originally Posted by zacii View Post
    By the definitions given, if you bought a firearm for someone as a gift, it would be a straw purchase.
    Negative. That is specifically listed as legal on the 4473.
    The preceding post may contain sarcasm; it's just better that way. However, it is still intended with construction and with the Love of my L-rd Y'shua.

    NRA Certified Pistol Instructor, Tennessee Certified Instructor

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    Has he paid for it yet? Why doesnt he send you the money? Is it a special one of a kind gun? or will he be able to find one when he comes back for good? I am afraid your buddy may just be too anxious to get a new gun with his deployment money and he is not thinking clearly.
    As far as the law goes, why dont you head into your LGS and ask. Perhaps you could even ask the local Sheriffs. I am sure all parties will understand what you are trying to do and they will be able to give you that real nice warm and fuzzy.

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    Senior Member Array tbrenke's Avatar
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    sounds like straw, smells like straw, looks like straw, then it may well be a straw purchase.
    "I cannot undertake to lay my finger on that article of the Constitution, which granted a right to Congress of expending, on objects of benevolence, the money of their constituents." -1792, James Madison
    There are always too many Democratic, Republican and never enough U.S. congressmen.

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    Why don't you buy it, with your money. You own it.

    Your buddy gets in town. You 'decide' it's not the gun for you, and sell it to him.

    Tell your friend thanks for his service.

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    I have bought and paid for firearms for other people before. I bought a deer rifle for a friend a few years back who was down on his luck and I've bought a shotgun for my dad too. The key was that THEY went and filled out the paperwork and took legal possession of the firearm.

    It makes no difference who pays. The owner of the gun in the eyes of the law is the person who does the paperwork. You do the background check and take legal possession of it. If at some time later you decide to give it to him you'll need to FFL transfer it to him. Just remember that the gun is legally yours if you sign the paperwork and you are responsible for it.

    Now with that said this whole deal sounds shifty and I'm wondering if your friend is telling you all of the facts. I wouldn't do it if it were me.
    Mark Twain:
    The government is merely a servant -- merely a temporary servant; it cannot be its prerogative to determine what is right and what is wrong, and decide who is a
    patriot and who isn't. Its function is to obey orders, not originate them.

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    Or he could have it shipped to a MD FFL a week before he gets to town. That would cover his waiting period.
    Mark Twain:
    The government is merely a servant -- merely a temporary servant; it cannot be its prerogative to determine what is right and what is wrong, and decide who is a
    patriot and who isn't. Its function is to obey orders, not originate them.

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    VIP Member Array Eagleks's Avatar
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    Quote Originally Posted by zacii View Post
    I think you're ok. By the definitions given, if you bought a firearm for someone as a gift, it would be a straw purchase. How many have bought a .22 or similar for one of their children? Isn't that a straw purchase? They aren't legal possessors.
    No, it's your gun. Most "children" aren't legal old enough to buy a gun or own it. If they are, they aren't children.

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