What is a "Straw Purchase?"

[Skylerbone]

From post #49:

Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances.

[Aceoky]

Yes I read that, however he had also stated words to the effect of IF you buy it knowing you were asked to "pick one up" etc. So my question is not if she sees it and wants to buy it for you, rather she CALLS you and asks you IF you would like to have it- probably the same but it's made me curious

[Sam1911]

Yes I read that, however he had also stated words to the effect of IF you buy it knowing you were asked to "pick one up" etc. So my question is not if she sees it and wants to buy it for you, rather she CALLS you and asks you IF you would like to have it- probably the same but it's made me curious

There are clearly some grey areas. But there's probably no practical need to scrutinize this quite that closely.

And in some ways the "follow the money" answer is pretty useful. If someone buys it for you with their money and gives it to you, with no compensation -- that's a gift.

If someone gives you $500 and tells you to go buy them a Glock, that's not a gift.

If your wife uses money from your joint checking account to buy you a gun...just don't worry about "if it is or if it ain't." That's not going to end up in court.

[Aceoky]

Thanks!!!

[-Xero-]

========================= This site needs a delete option ========

[Sam1911]

I decided to give a rifle to a nephew who lives in another state. Technically, interstate transfer between private parties is not lawful. So it's not really "his" rifle. It's my rifle and I've loaned it to him in perpetuity.

Yikes. Please don't admit to things like this on public web sites (too late now, of course).

The law regarding this type of transfer involves who possesses the gun, not who bought it or whether it was "officially" sold or "officially" given or not.

To quote NavyLCDR on this:

Originally Posted by NavyLCDR

There is also debate as to whether a person can accept a loan of a firearm from a person outside their own state of residence because there is no loaning exception in 18 USC 922 (a)(3):

It would seem like if you, from out of state, come to my state, I can loan you a firearm in my state....but it seems like it would be illegal for you to accept that loaned firearm in your state.

[Frank Ettin]

Originally Posted by -Xero-

Here, let's turn this into a hypothetical -- Your employer gives you $$$ for work performed. You use the money given to you by your employer to purchase a firearm. Is your employer buying the firearm?...

As you posit the question, the answer would appear to be "no." But as I'll outline in more detail, you really have no clue what you're talking about.

The law regarding straw purchases is discussed in detail in post 23. I suggest you review this thread completely and in detail until you understand it. In the meantime, please refrain from posting erroneous, unsupported information.

It's also evident that you don't understand the law. You should avoid attempting to provide advice on legal matters when you're not qualified to do so and when your misinformation, if followed, could put someone in serious legal jeopardy.

Originally Posted by -Xero-

...Your friend gives you the cash to purchase the firearm he's lawfully entitled to own. You purchase the gun. Is the gun for you? YES, you're the purchaser. Is it intended as a purchase to be sold to someone else? Doesn't matter, you're still the purchaser. Reselling or transferring the gun at a later time is lawful...

Nope. See post 23. If you are buying the gun at an FFL with money given to you (or promised to you) by another for the purpose of transferring it to that person, in the eyes of the law you are not the actual purchaser. You are buying the gun on behalf of, as the agent or proxy for, that person.

If you were to then claim of the 4473 to be the actual purchaser, you would be violating 18 USC 922(a)(6).

Originally Posted by -Xero-

..."Straw purchase" would be when you enter into the transfer as a "straw man" for someone else with the INTENT to conceal or otherwise fraudulently acquire the firearm for another buyer....

Wrong again. See post 23.

Originally Posted by -Xero-

...CURRENTLY no law prohibits transfer of firearms between private parties without a background check. Obie, Joe, and Dianne want to put a stop to that. This thread is part of the reason the "universal background check" system is not going to work...

Also wrong.

The laws in many States require no formalities in connection with a private transfer of a gun from one resident of the State to another resident of that State. But federal generally prohibits (with a couple of narrow exceptions) any transfer of a gun from a resident of one State to a resident of another. Furthermore, a number of States require certain formalities, including background checks, in connection with intrastate transfers.

Originally Posted by -Xero-

...I decided to give a rifle to a nephew who lives in another state. Technically, interstate transfer between private parties is not lawful. So it's not really "his" rifle. It's my rifle and I've loaned it to him in perpetuity...

Garbage.

Let's look at the applicable statutes:

1. 18 USC 922(a)(3), which provides in pertinent part (emphasis added) as follows:

   (a) It shall be unlawful—
   ...
   
   (3) for any person, ... to transport into or receive in the State where he resides ...any firearm purchased or otherwise obtained by such person outside that State,...

2. And 18 USC 922(a)(5), which provides in pertinent part (emphasis added) as follows:

   (a) It shall be unlawful—
   ...
   
   (5) for any person ... to transfer, sell, trade, give, transport, or deliver any firearm to any person ...who the transferor knows or has reasonable cause to believe does not reside in ... the State in which the transferor resides; except that this paragraph shall not apply to
   

   (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest ..., and
   
   (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

   ..

You may go to another State where (under 18 USC 922(a)(5)) a friend may loan you a gun to, for example, go target shooting together, or an outfitter may rent you a gun for a guided hunt. But if you were to take the gun back to your home State with you, you would be violating 18 USC 922(a)(3), which has no "loan" exception, thus becoming eligible for five years in federal prison and a lifetime loss of gun rights. Since there is no loan" exception in 18 USC 922(a)(3), a load of a firearm may not cross state lines to the borrower's State of residence.

Originally Posted by -Xero-

...Texas used to have a law (1967) prohibiting sales of handguns. The dealer would provide you a handgun with a "99 year lease." I do believe there was a clause that after 99 yrs the item becomes "community property" of the person possessing the gun. ...

Balderdash!

1. Let's see some good evidence such as the proper citation to the law.
   
   
2. Your "community property" statement is preposterous. Community property refers to property within a marriage (and only in a State using the community property system for marital property -- like Texas).