Is this a straw purchase?

Not an FFL or expert.

It sure sounds like he is the actual purchaser of the firearm, and not the person doing the transfer paperwork. That would be a straw purchase.

It doesn't matter who pays for it, unless she was buying it for him as a gift (which would also make her the purchaser and not him). But just from what you have relayed here, that is not the case. I wouldn't proceed myself in this situation. Not sure how much liability the seller has for a person lying on a 4473, (which she would have to do in this case).

Many on a forum recently discussed stopping a transfer "because of a feeling". Some on this forum certainly would feel like it's not your problem if it goes through an FFL and the buyer lies on the 4473. I am not one of those people and this particular case would make me feel very uncomfortable even if what I did wasn't illegal.

Why can't he find an FFL who will hold the gun for 30 or 60 days for a fee? They almost all do this, in my experience.

Doc7 said:

It sure sounds like he is the actual purchaser of the firearm, and not the person doing the transfer paperwork. That would be a straw purchase.

Click to expand...

Pretty much the explanation of a straw purchase.

Since she is going to fill out the form, get the background check, and pay, what she does with it after that is her business.

On your part you are making a private sale, which is, as far as I know, unregulated in Georgia. Outside of any personal perogative to keep guns out of the hands of felons, or persons with intent to commit a crime, you have no obligation to record the sales, require proof of ID, residency etc. If she plans to hand it over to him in Georgia, and he pay her for it, providing he is not a felon etc, it would be legal. If she was going to buy it and take it to him in Maryland it would be different, and even then she would be the one breaking Georgia and Maryland law.

Straw purchase is really the concern of the FFL dealer in Georgia. He is doing the transfer, and she is the one signing the paperwork and making the affirmations.

If you have reservations, why not take a modest deposit, send him a receipt to his sister to hold in Georgia, and when he moves to Georgia pay you the balance, then he can pick it up from the FFL himself?

I would make sure all FFLs involved know the terms of the deal. They are trained to judge whether or not a straw purchase applies. Their judgement is best served by knowing the facts of the matter.

grampajack said:

I have a gun for sale on GB, and a guy in Maryland wants to buy it. The catch is that he can't possess it in Maryland due to a state prohibition against assault rifles. He's currently in the process of moving to Georgia, where he could legally possess it. What he wants is for me to ship it to an FFL near his sister in Georgia, who would do the transfer in her name and hold it for him in her safe until he establishes his residence there.

It's a very rare item, so I can understand his eagerness to get it. And of course the gun would go through FFL dealers. It would be shipped by my FFL to another FFL in Georgia, so the laws regarding the interstate transfer of a firearm would be satisfied. And his sister would have to pass a background check obviously.

So is this technically a straw purchase, or are we good to go? Also, does it matter who actually pays for it? I'm hoping a current FFL can refresh me on the finer points here.

Click to expand...

Yes, since you ask, it's a straw purchase. Tell him to call you after he arrives in Georgia so you can sell it directly to him, IF THE LAW ALLOWS IT.

Why does the sister have to be involved at all? Can't both parties simply wait until the buyer moves to Georgia (he is "in the process") and then do the deal. and transfer? The buyer can pay part down to keep the deal open, enough that neither party will back out.

Jim

RPZ said:

Since she is going to fill out the form, get the background check, and pay, what she does with it after that is her business

Click to expand...

Intent comes into play here. This is why a gang member's girlfriend buying him a gun because he is a prohibited person and wants her to get it for him is a straw purchase, whereas buying a gun as a Christmas present for your wife is not a straw purchase. If your wife wanted a particular used shotgun on the rack at the store and intended to buy it this evening, but got stuck at work for emergency overtime, called you and asked you to go to the store and pick it up for her before someone else did, that arguably could be a straw purchase as well but would be a tough case to prosecute!

In this case, there is presumably written documentation of the intent for one person to fill out FFL paperwork on behalf of another person, which is strawy!

Generally, the rule of thumb around here is- "if you have to ask 'is this a straw purchase?'
it usually is". IMO, the real issue at hand , here , is whether the ATF agent overseeing the
particular case interprets the law in such a way that it could be considered a straw purchase.

As it is written, from the way I see it, a straw purchase all the way, plus you have stated as such, in this post, of the setup of this purchase, which makes you an accomplice.

JeffG said:

Pretty much the explanation of a straw purchase.

Click to expand...

This.

I ain't no lawyer, but this is pretty much a textbook example in my opinion.

If SHE was the buyer, as in the intended recipient, that would be another story.

Here's the deal...any way he tries to work around this is likely to come up "straw purchase" somehow. This is because the gun will pass through a third party in getting to him. He can't pay for it and have someone else pick it up, he can't give the money to someone else to buy it for him.

Trying to figure a way around a straw purchase is very likely not going to go well for the people involved if it should ever end up in court. Just straight up take possession of it in full accordance with the law and be done with it.

(And yes, I realize it can be legitimately purchased as a gift for someone else...but now that this subject has been broached, that might not work out well in court either.)

The best way for him to handle this is to finish his move to GA and THEN go about getting the rifle he wants in his name.

Now as I said...I ain't no lawyer. So all this, and a couple bucks, will get you a cuppa coffee at McDonalds and that's about it.

grampajack said:

I have a gun for sale on GB, and a guy in Maryland wants to buy it. The catch is that he can't possess it in Maryland due to a state prohibition against assault rifles. He's currently in the process of moving to Georgia, where he could legally possess it. What he wants is for me to ship it to an FFL near his sister in Georgia, who would do the transfer in her name and hold it for him in her safe until he establishes his residence there.

It's a very rare item, so I can understand his eagerness to get it. And of course the gun would go through FFL dealers. It would be shipped by my FFL to another FFL in Georgia, so the laws regarding the interstate transfer of a firearm would be satisfied. And his sister would have to pass a background check obviously.

So is this technically a straw purchase, or are we good to go? Also, does it matter who actually pays for it? I'm hoping a current FFL can refresh me on the finer points here.

Click to expand...

Is this the same guy and gun from your other legal question? Your "buddy" in Maryland who may or not be able to buy it due to restrictions?