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Forgive my ignorance. (straw related)

Discussion in 'Legal' started by EvilGenius, Feb 5, 2013.

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  1. EvilGenius

    EvilGenius Member

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    Is there a legal difference between buying a firearm as a gift and buying it secretly for someone else?

    As in, are both considered "strawman" purchases or is it only one if I know that the person who'll receive it cannot legally own a firearm?
     
  2. bigfatdave

    bigfatdave Member

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    Buying a gun as a gift is NOT a "straw purchase". There is nothing wrong with buying a gun as a gift, for anyone you could legally transfer a weapon to in the first place.

    Buying a gun secretly for someone else sounds like a gift, what's the difference?
     
  3. Sam1911

    Sam1911 Moderator

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    The only time you get into a "straw purchase" is when you are agreeing to buy a firearm from a dealer in the place of the true purchaser. The usual way that's explained is to say, if they are fronting the money and you're just showing up to do the paperwork in your name, that's a straw purchase.

    You can walk into a gun dealer's shop and say, "I'm buying this gun as a gift" (for husband, wife, son, dad, neighbor, best friend, worst enemy, the homeless guy down the street...whoever!) and that's perfectly legal. The ATF is very clear on that.

    Actually, whether or not the recipient is a prohibited person has NOTHING to do with whether it is a straw purchase. It would make the transfer illegal, but not a straw purchase.
     
  4. Sam1911

    Sam1911 Moderator

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  5. NavyLCDR

    NavyLCDR member

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    I would not do that, though. Some FFL's are not aware that a gift is legal. It's none of their business what the purpose of the LEGAL purchase is.
     
  6. Sam1911

    Sam1911 Moderator

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    Oh for sure! And any dealer can refuse a sale for any reason at all. So it might not be wise. However, it IS legal.
     
  7. EvilGenius

    EvilGenius Member

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    Ah, perfectly clear, thanks!

    Oops.

    Thanks again though.
     
  8. Sam1911

    Sam1911 Moderator

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    Ha ha...no worries. We have a running joke that the best place to hide secrets is in a Sticky thread because that's the only place no one ever looks. :D
     
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