Straw purchase

[scorpio746]

So I'm kinda new to all this and in the process of getting my ccw and my first firearm purchase. I hear a lot about a 'straw purchase.' What exactly is that?

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[bofh]

From dontlie.org | Straw Purchasing:

Buying a gun for someone who is prohibited by law from possessing one or for someone who does not want his or her name associated with the transaction is a "straw purchase."

 

[MartyB]

When you buy a gun for someone else. Like someone who cannot purchase it themselves and they get you too.

 

[scorpio746]

Thanks guys, i figured it had something to do with an illegal transaction but wasn't quite sure.
Thanks for the clarification.

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[NavyLCDR]

'Straw' purchase ruling a setback for gun-rights advocates - CNN.com

Straw purchase is nothing more than buying a gun from a licensed dealer with the express purpose of providing the gun to someone else. In Abramski's case he even transferred the gun to his uncle (who was legal to purchase and posses it himself) through an FFL who ran the required background check on the uncle.

Abramski confirmed he was the buyer, but said he made clear all along that he planned to sell the weapon legally to his uncle was told the transfer could be completed by a licensed dealer, which he completed days later.

 

[scorpio746]

So then how would you go about a private sale and be legal or is that also known as a straw purchase?

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[BluesStringer]

So then how would you go about a private sale and be legal or is that also known as a straw purchase?

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There is no requirement for an FFL and/or BATFE Form 4473 to be involved in a sale between private parties within the same state, so no, that has nothing to do with a straw purchase.

 

[NavyLCDR]

There is no requirement for an FFL and/or BATFE Form 4473 to be involved in a sale between private parties within the same state, so no, that has nothing to do with a straw purchase.

That depends on state law. Washington state now requires all private sales of firearms to go through an FFL with a background check and form 4473.

So then how would you go about a private sale and be legal or is that also known as a straw purchase?

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"When I purchased the gun, I did so with the intent of keeping it and using it myself. After I shot it a couple times I didn't like it, so I sold it."

Abramski purchased the gun with the sole intention of selling it to his uncle - and apparently confessed to the same intent to several different parties. I'm not exactly sure how he got caught. He probably would have been OK if he would have stuck to the story above. From my understanding Abramski knew his uncle wanted a specific gun and went something like, "I can get that gun for you cheaper where I live from my dealer here who gives me a LEO discount so I will buy it for you and you pay me back."

 

[RonM0710]

And yet with the case where the girlfriend bought a handgun for her felon boyfriend, who then killed a cop with it. ATF doesn't want to prosecute her.

 

[NavyLCDR]

And yet with the case where the girlfriend bought a handgun for her felon boyfriend, who then killed a cop with it. ATF doesn't want to prosecute her.

That's because the government is more concerned about disarming law abiding citizens than criminals. They figure that the criminals will probably get caught for the crimes they commit with the guns but the government needs to keep the law abiding citizen from having any power to rise up against it. The only way the government can do that is by adding a little more "reasonable regulation" at a time until eventually we end up like Australia. Abramski is a perfect example of a victim of this "reasonable regulation".

 

[therewolf]

IANAL, but, IMHO, "Straw Purchase" has to do with improper purchasing intent. The spirit of the law is to

discourage someone who is not allowed a firearm from having a person who is eligible take the money,

and purchase the gun for the ineligible individual, thereby circumventing the prevention of the ineligible

person getting a firearm.

Many people have been charged with Straw Purchasing, even though the person getting the firearm was

eligible to get the firearm, in the first place.

What with all the over-eager law enforcements concerning firearms lately, it seems wise to let each buy

his own firearm. If only to eliminate confusion, on behalf of LE.

 

[Rivoak]

If you want to avoid jail time, but buy a gun for another person as a gift., go to the gun shop and buy a gift certificate, give the gift certificate to the person who will be the ATF transferee, and have him show up at the FFL to fill out the transfer form, and purchase the gun in his own name with a background check in his own name. Do not fill out the form in your own name then buy or sell it to another person. (This does not involve private sale issues which vary from state to state)


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[Hatchetman]

If you want to avoid jail time, then do NOT allow yourself to be arrested for a blatantly UNCONSTITUTIONAL LAW.

 

[flyingron]

As far as the feds are concerned a straw purchase is illegal from a FFL, even if the person you are buying for CAN legally possess. You must be the ACTUAL BUYER under federal law and you won't get anywhere with an FFL because the first question on the form asks you this and it's over as soon as you check NO.

 

[NavyLCDR]

If you want to avoid jail time, but buy a gun for another person as a gift.

Buying a gun to give to another person as a gift is completely 100% legal. Some states will require you to transfer the gifted gun to the other person through an FFL.

From the ATF themselves:
https://www.atf.gov/file/56376/download

"This article does not purport to cover sales to persons who purchase firearms with the intent of making gifts of such firearms to other persons. In instances such as this, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances."