627PCFan
Member
Im confused. If I go to a gun show and buy a 1911 I take it to the range that day and say hey, this isnt manly enough, I need a 460SW and sell the 1911 the next day is that a straw purchase?
The ATF says otherwise:No. Only if the brother in law is prohibited from buying would it be a straw purchase.
It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms from the licensee.
Which we all three have no criminal history.The ATF says otherwise:
http://www.atf.gov/files/publications/download/p/atf-p-5300-4.pdf
Page 165:
Immaterial - unimportant under the circumstances; irrelevant
The brother-in-law receives money from the sister-in-law for the specific purpose of purchasing a firearm from a licensed dealer. The brother-in-law purchases the firearm, on behalf of the sister-in-law (the reason for him purchasing the firearm on her behalf is irrelevent), and gives the gun to the sister-in-law. Straw purchase. Period. The sister-in-law than gifts the firearm to her husband, which would be perfectly legal to do, in most states.
Went to my first show in over 10 years this weekend. While sizing up a new Rossi 92, I watched a guy attempt a straw purchase. I really wish people like this were prosecuted.
You really wish free people would be denied their right to buy a firearm?Armymutt said:Went to my first show in over 10 years this weekend. While sizing up a new Rossi 92, I watched a guy attempt a straw purchase. I really wish people like this were prosecuted.
What I do not understand about the SCOTUS case is the FFL. When the gun was taken to the FFL he enters it into their bound book.
Wasn't the gun transferred to the FFL (legal) and then to the second party through the process of the background check (legal)?
Or, can a FFL run a background check without a sale of theirs involved?
To my non-legal mind, A gave B money to buy a gun. B bought the gun and transferred ownership to FFL. FFL transferred ownership to A, following the law. Seems like the FFL would break the chain.