waterhouse
Member
If you aren't an FFL and you have no reason to suspect that the buyer is a felon/misdemeanor crime of domestic abuse you can sell the gun any way you want. If you do think that the person you are selling to has a felony/misdemeanor crime of domestic abuse on their record, you are breaking the law by completing the sale.
I'm pretty sure that legally the less questions you ask the safer you are, as a non-FFL seller.
As to straw purchases, common misconception is that it only applies to buying a gun for someone who can't legally own one. Father Knows Best is correct: any time you purchase a gun with the intent to sell it to another individual, you are making a straw purchase. FWIW, I talked to an ATF agent, and according to him there is no "straw purchase" law . . .that's just what they call it. The crime is misrepresenting yourself on form 4473 when you answer "yes" to question 11.a) "are you the actual buyer of the firearm listed on this form?"
As mentioned, all this comes down to intent. If you buy a series 80 1911 today at 9 a.m. for yourself and at 3 p.m. you see a series 70 in a pawn shop that you "have to have", you can go sell your series 80 to your friend that same day. When you bought the series 80, you bought it for yourself.
As for gifts, so long as no money/barter changes hands, you can give a gun to anyone who can legally own one. You can even buy it with the intent of giving it to your souce/brother/daughter/good buddy.
As you can imagine, the intent thing is probably pretty hard to prove.
