Question for FFL's

This is a discussion on Question for FFL's within the General Firearm Discussion forums, part of the Related Topics category; I recently had the opportunity to pick up an almost new firearm for a considerable discount. The only problem was the seller wanted to do ...

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Thread: Question for FFL's

  1. #1
    Senior Member Array Holdcard's Avatar
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    Question for FFL's

    I recently had the opportunity to pick up an almost new firearm for a considerable discount. The only problem was the seller wanted to do the transaction that day.

    Here's the question, could I have asked my son-in-law to pick it up for me. I couldn't leave, I take care of people with disabilities and my client was sick and couldn't leave. Had he been well I would have just loaded him up in the van and went ourselves.

    Could that have been construed as a straw purchase? Would it have really been? Would there be a legal way to do this if it ever happens again?

    Thanks,

    Holdcard
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  3. #2
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    Array Captain Crunch's Avatar
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    If the gun is purchased from a Federally licensed dealer, the buyer must answer "yes" to question #12A on the Form 4473, certifying that he/she is the actual buyer of the firearm; otherwise, the dealer can't make the sale.


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    Ex Member Array Ram Rod's Avatar
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    So if the son-in-law was legal to purchase said firearm he could have done so, then sold it to Holdcard in a personal transaction. That would not be a straw purchase correct? If it were me, I'd wait a couple of days to do that--might even run an add in the paper before making a transaction and having a receipt. I don't want to come off seeming like bending the law or anything, but wouldn't that be possible and legal?

  5. #4
    Senior Member Array Holdcard's Avatar
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    It was a private individual selling the pistol. I know I could have just had my son-in-law pick it up for me. I just don't want to make any stupid mistakes or put myself or him in any awkward situation. Too bad firearms are regulated to death, if it would have been a tire or stereo he was picking up for my there would have been no problem.

    It worked out fine in the long run, I gave the seller a few extra bucks and he delivered it to me.

    Thanks for the input.
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  6. #5
    VIP Member Array dukalmighty's Avatar
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    I believe that the straw purchase really has to do with having somebody you have never met don't know from adam walking up and saying hey man can you buy a gun for me i'll give you a couple bucks fer the hassle.I would be questioning why he couldn't do it himself and only 2 things really come to mind is #1 he legally cannot buy one or#2 he doesn't want his name on any paper work connecting him to that gun,both bad scenarios in my book.I have bought guns in the past and after shooting them or seeing something i liked better selling or trading them in a short period of time.I have seen couples walk into gun stores and the guy clearly pick out the gun but the girl do the paperwork which if I was the FFL I would be showing them the door.Just my .02
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    Senior Member Array Holdcard's Avatar
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    Quote Originally Posted by dukalmighty View Post
    I have seen couples walk into gun stores and the guy clearly pick out the gun but the girl do the paperwork which if I was the FFL I would be showing them the door.Just my .02
    My wife and I have done that before (her penmanship is better), but it was in stores that are familiar with us by sight.

    In our situation neither one of us is prohibited from buying a firearm. I was just concerned with the legalities. You know what I mean, although you had no intention of breaking any laws it could be made to appear that you did.

    I'd never ask anyone to get a firearm from a dealer for me, but wasn't sure about a private party.
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    VIP Member Array AZ Husker's Avatar
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    Even in a sale from a dealer, it's not illegal for him to buy it on paper and loan it to you. Later down the line, he can do a FTF sale if you think it's necessary.
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    Senior Member Array DMan's Avatar
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    Quote Originally Posted by Holdcard View Post
    My wife and I have done that before (her penmanship is better), but it was in stores that are familiar with us by sight.

    In our situation neither one of us is prohibited from buying a firearm. I was just concerned with the legalities. You know what I mean, although you had no intention of breaking any laws it could be made to appear that you did.

    I'd never ask anyone to get a firearm from a dealer for me, but wasn't sure about a private party.
    So long as the questions are answered truthfully, and the person signing the form is the actual buyer, it doesn't matter who puts the check marks down. The name on the form must be the actual buyer, as is the signature, and all questions must be answered truthfully as they relate to the actual buyer... if anything falls outside of those paramaters it may be straw purchase.

    Private sales - not requiring an FFL - a private purchase is a private purchase. When dealing with someone I do not know - I prefer going through an FFL myself. For ANY purchase or sale not through an FFL, I insist on a bill of sale with make, model and SN of gun on the bill of sale with both parties signing to it, but that is just me.
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  10. #9
    Member Array phast12's Avatar
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    Private sales has no restrictions on who picks up the gun and as mentioned above is strictly guided by your preferences. The only exception would be in the case that you know that someone who you are selling a gun to cannot legal own a firearm. If you buy a gun for your wife or vise versa it does not fall under straw purchase as long as they are legally able to own a firearm.
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  11. #10
    Member Array firestarplus's Avatar
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    You know I have seen the same thing duk was mentioning a couple of times very recently. In both cases the "boyfriend" or whatever was quite shifty/dirtball looking and the fairly shifty girl was doing the paperwork etc.... Just sent up a red flag bigtime. FWIW once was at Scheels and once at the pawnshop.

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