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Anything wrong with purchasing for a friend?

4K views 45 replies 41 participants last post by  YANG 
#1 ·
Wondering if I should avoid this:

I recently graduated from school, and moved states from Idaho to New Mexico, along with a few of my classmates (jobs are hard to come by in Idaho for our profession) Anyway my drivers license expired so I got a local one shortly after moving here. A friend and classmate of mine is looking at getting a .22 rifle for her son for Christmas. She went to the gun shop but you need an in state drivers license which she doesn't have. She is wondering if I would feel comfortable buying the rifle and then selling it to her. I'm wondering if this is ok legally or not? I know Straw purchasing like that would be illegal if the person is not legally able to purchase a gun for themselves, but I'm not sure if this is the same thing. She says "don't worry if you dont' want to, I will switch my license it just takes 2 weeks for them to mail it to her and she is wanting to get her Christmas shopping done.

I know her fairly well, and have no problem trusting her. However i don't' know her husband very well, and what I do know I don't really like- however I have no evidence of much.

Short version- my instincts are kind of screaming to stay away, but is there a good reason for that?
 
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#4 ·
Kudos for going with your instincts. Whatever you do, you need to be convinced that you did the right thing because if it ever comes back on you and you find yourself explaining yourself to authorities, they are going to pick up on any doubts you had.

You're right about not being able to buy for people that can't legally make a purchase for themselves so if this is not the case then its probably good to go, IMO.
 
#7 ·
Wait the two weeks and let her buy it herself...problem solved.

Buy your own description, it would appear to be a straw purchase...not something to be involved with...OMO
 
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#9 ·
There is no valid or important reason for you to even take the slightest risk of going "out on a limb" and chance possible legal repercussions of making a straw purchase just because somebody wants to get their Christmas shopping done a little early.

There will be a lot of nice .22 rifles still on the shelves right at Christmas time and she can go and buy one herself.

Limit your help to suggesting a few nice rifle choices for her to consider.
 
#11 ·
Your name will be on the purchase and the firearm from now on, so you will own whatever may come from that firearm's use, misuse, and the hands in which it's held.

From your implied age, it sounds like her son must be a minor; so you may as well throw in a couple of six-packs, a carton of cigarettes, a bag of weed, and a night with a hooker along with the gun - what could possibly go wrong?
 
#19 · (Edited)
Your name will be on the purchase and the firearm from now on, so you will own whatever may come from that firearm's use, misuse, and the hands in which it's held.

From your implied age, it sounds like her son must be a minor; so you may as well throw in a couple of six-packs, a carton of cigarettes, a bag of weed, and a night with a hooker along with the gun - what could possibly go wrong?
The hooker steals the beer, cigs, and bag of weed--and the poor kid is still, well, you know?
 
#13 ·
Everytime I had a "gut feeling" , it was right. And when I ignored it, I regretted it too. She's telling you that you are buying the gun for a minor, and knowing that.... should throw a flag right there.

I wouldn't do it, you have some key unknowns there ... husband and son.

Let them do it right, it won't take them that long.... and then she can finish up her shopping. That just seems like a lame excuse to me.

I think Technically, it would be a straw purchase..... because you admittedly are not buying it to give as a gift, but you are buying it for someone to give to someone else. Too many "someone's " in that equation.
 
#14 ·
Tell her to get a state ID. Don't get yourself in the middle of a potentially illegal venture.
 
#16 ·
Only my opinion, but this story raises more questions than answers.

She's married? The kid is hers, or hers and her husbands? Then why is she asking you to do this? She has a man in the house that should be taking care of things like this for his family, and if he's not then you should question why not.

Sixto's answer sticks.
 
#18 ·
"...Straw purchasing like that would be illegal if the person is not legally able to purchase a gun for themselves,..."

You've answered your own question. She can't legally buy it.
 
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#20 ·
I was going to say the same thing. She may not be a felon and may be of legal age and sound mind... BUT without proper ID she cannot legally buy it herself. That seems like it would make that a straw purchase.

I just spent a lot of time researching the whole straw purchase thing because I just bought my cousin a handgun for christmas. Several of my family members raised the whole "but won't it be registered to you?" and "isn't that illegal to buy it for somebody else?" So I had to explain that because she is legally able to own and buy the gun and because I am paying for it and giving it as a pure gift with no intent on receiving money or other services in exchange, it is perfectly legal.. That, plus there is no such thing as gun registration in Texas.
 
#21 ·
OldVet got it right- not the stuff about the hooker; answering your own question. Her license is no good- she 'cannot legally' purchase the gun herself, you doing so would technically be a straw purchase.

But- without even taking that into consideration- if your 'spidey sense' is tingling it's best not to get involved. Maybe recommend a good brand or two (I LOVE my Savage- just don't get the model 64; the mags only hold 10rds, and they're $15 each) and step back. Maybe even offer to help teach the kid to handle it safely if you don't think her husband can do so- help in as many ways as you feel comfortable that don't include buying a gun for a minor that isn't your kid/family.
 
#22 ·
Wow, it only takes 10 minutes to change your liscense where I come from, but she needs to get them changed anyways, if she lives there and will still have plenty of time to buy the rifle, and guessing her husband does not have a in state liscense either ? Or is there areason he cannot buy a gun? best thing is to do what you feel is right, I just know what I would do, and I would not put a friend in the situation to even have to make that decision.
 
#23 ·
Do not walk - RUN - away from this idea.

You are aware that she is not able to purchase a firearm from the dealer. You would be making the purchase for the express purpose of getting around whatever is preventing her from buying from a dealer.

This is straw purchase territory, and the penalties are severe.

I wouldn't even think about it....
 
#24 ·
To do this legally, it will have to be done in two transactions:
1. You purchase the firearm as your own. You should answer 4473 truthfully, especially 11a which is very relevant here.
http://www.atf.gov/forms/download/atf-f-4473-1.pdf
2. You will have to transfer the firearm to your friend. My state, RI, requires you to fill out a form that goes to the police and the Attorney General where they do background checks, to do a transfer, while other states does not require this for private sales (this is the so called gunshow loophole). I do not know what NM requires. You should know where to look this up if you live in NM.

I think you should tell your friend to go get a NM driver's license and stay out of it since there might be more to it than you know..
 
#27 ·
I think you knew the answer before you ever posted the question -- which makes me wonder which of three possibilities applies: 1 Crazy; 2 Troll; 3 BATFE Agent Provocateur (or any combination thereof)

Actually there is one other possibility that comes to mind -- SHE could be the BATFE Agent Provocateur.

In any case, you and I and everyone else here knows that what you are describing IS a strawman purchase and is a federal felony.
 
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