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Is the seller a licensed dealer? There is no "straw purchase" if there is no 4473 filled out and signed. Does Colorado have some sort of "failure to ID" law involving private citizens? I'm unclear on exactly what law was broken.
I agree with Waterhouse, unless there is some Colorado law about private sales, the only Federal law broken would be if the seller had reason to believe that the buyer was a prohibited person. If the buyer lies or produces false ID, how is the seller to know?
The UBC nonsense goes into effect July 1 of this year.
My guess is these two idiot reporters got this bright idea not realizing that it is still legal to conduct private transfers for the next 2-1/2 months.
While there is no straw purchase between individuals, selling a gun to someone you believe to be prohibited is still illegal (AFAIK)
Yes, if you reasonably believe the buyer is in violation of the law, you cannot complete the sale. While "straw purchase" doesn't apply, if you know the prospective buyer is not who he/she says he is, you must halt the sale.
That said, for any prosecution of the seller, the onus is on the prosecutor to prove that the seller reasonably believed the buyer was prohibited. That's a pretty tough sell in most cases.
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