Gun raffle question

thefish · Apr 12, 2017

so quick question.

The friends of the nra is having a fundraiser and raffle. Of course guns are being raffled off.

If a prohibited person had a winning raffle ticket, could that ticket be given to someone else to take transfer of said firearm, to be later transferred to the prohibited person once they were no longer prohibited?

On the surface it seems like yes to me, but wanted more opinions.

Thanks in advance.

Telekinesis · Apr 12, 2017

This would depend a LOT on the fine print of the raffle. By purchasing a ticket you generally agree to the terms of the raffle/agreement which will likely dictate how this is handled.

For instance, lots of raffles have requirements like "by purchasing a ticket you certify that you are over 21 and not prohibited from possessing firearms". If that's in there, the prohibited person's "win" should be invalidated. (Contest rules will determine exactly what happens in that case, but usually they draw for another winner).

Some raffles may allow for prize substitution (or monetary value of whatever the prize was), or allow the prize to be transferred to another, but if you've ever read all that fine print, most will explicitly say that the prizes are NOT transferable.

So get a lawyer to go over the terms of the raffle agreement.

Out of curiosity, what kind of prohibited person can expect a timely reversal of his/her prohibition to the point that they'd be able to just have someone "hold on to" the gun while they got it taken care of?

BearBrimstone · Apr 12, 2017

I am not a lawyer and know very little about these things. That said, that sounds like a straw purchase minus the paying part to me. One thing to remember is that it is still a straw purchase to pick up a gun for someone that is legal to have it transferred to them but is not there at that moment. Whether or not the second person is legal to own said firearm does not matter. The illegality comes from the background check going on someone that does not intend to keep the firearm. I certainly would not get involved in something like that.

ilbob · Apr 12, 2017

thefish said:
If a prohibited person had a winning raffle ticket, could that ticket be given to someone else to take transfer of said firearm,

This would seem to be perfectly legal.

thefish said:
to be later transferred to the prohibited person once they were no longer prohibited?

This seems iffy, although there is generally no prohibition on gifting or selling a firearm to someone who is not prohibited. The first question on the transfer form asks:

It could be argued either way but I would not want to bet on how a US attorney would handle it, nor would I want to spend the money on lawyer fees to find out.

Carl N. Brown · Apr 12, 2017

I believe the NRA raffle ticket is in the name of the ticket holder and condition for entering is that you affirm you are not a prohibited person.

So I don't think I could receive a raffle rifle won by a prohibited person pending the outcome of their appeal for restoration of rights.

As I recall the ATF explanations for "straw purchase" and "good faith bona fide gift",
_ I can buy a gun to give as a gift to a non-prohibited person.
_ I cannot be the transferee of record of a gun as a proxy for another person, non-prohibited or especially prohibited.

thefish · Apr 12, 2017

Telekinesis said:
This would depend a LOT on the fine print of the raffle. By purchasing a ticket you generally agree to the terms of the raffle/agreement which will likely dictate how this is handled.

For instance, lots of raffles have requirements like "by purchasing a ticket you certify that you are over 21 and not prohibited from possessing firearms". If that's in there, the prohibited person's "win" should be invalidated. (Contest rules will determine exactly what happens in that case, but usually they draw for another winner).

Some raffles may allow for prize substitution (or monetary value of whatever the prize was), or allow the prize to be transferred to another, but if you've ever read all that fine print, most will explicitly say that the prizes are NOT transferable.

So get a lawyer to go over the terms of the raffle agreement.

Thanks,
I'm going to try to take a look at the ticket, and read the fine print

thefish · Apr 12, 2017

Telekinesis said:
Out of curiosity, what kind of prohibited person can expect a timely reversal of his/her prohibition to the point that they'd be able to just have someone "hold on to" the gun while they got it taken care of?

Probation for a deferred DV misdemeanor.

thefish · Apr 12, 2017

Thanks for the replies. I am not sure its worth the hassle.

Frank Ettin · Apr 13, 2017

And I'm not sure further discussion is necessary or helpful. If anyone disagrees, send me a PM and tell me why.

Gun raffle question

thefish

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