Reverse Straw Man?

[WNC Seabee]

So I'm helping a buddy unload a bunch of stuff, among the items is a decent pistol that another friend of mine is interested in. The 2 guys don't know each other. The owner travels a bunch and I told him I'd "take care of things" for him.

I'm arranging this sale for the owner, the buyer is sending me the cash, and I'm shipping to the buyer's FFL.

Is this kosher? The ultimate buyer will go through the background check, etc. at his FFL (no worries there). I'm not buying the pistol, and immediately selling it, I'm just helping my buddy while he's out of touch.

EDIT: Seems to me that since the guy who is ultimately going ot own the thing is going through an FFL, we're okay.

 

[RobNDenver]

IMHO, this would not appear to be a straw purchase. After all, its the buyer who must assert that he is not purchasing the firearm for another on the 4473. Your use of an FFL is a very good idea.

 

[NavyLCDR]

In the most technical of terms, your buddy transferred the pistol to you. Normally this wouldn't be a problem, except, if I am not mistaken, a permit is required in North Carolina to purchase or otherwise receive a handgun.

You did not have a power of attorney to take care of these things, so you were not doing it "on behalf" of your friend. Instead you received the items from your friend.

According to Federal law, if you and your friend are residents of the same state, than there is no federal law broken by you receiving the pistol from him.

It boils down to the power of attorney, without that you are actually receiving the handgun from him.

Selling it the other friend, via the FFL in his state is not a problem.

Again, though, we are talking about technicalities here... and if you and your first friend are residents of the same state, the only problem is that permit that I believe is required in NC.

 

[WNC Seabee]

Navy LT said:

In the most technical of terms, your buddy transferred the pistol to you. Normally this wouldn't be a problem, except, if I am not mistaken, a permit is required in North Carolina to purchase or otherwise receive a handgun.

Current owner and I are both NC residents. Private party sales in NC do not require a permit if both parties are residents. I researched this pretty thoroughly when I bought another friend's Ruger earlier this year.

 

[NavyLCDR]

I'm afraid that you did not research it thoroughly enough.

 

[WNC Seabee]

LT....I should have been more clear. I didn't need a permit as my CCW permit also serves as a purchase permit.

 

[NavyLCDR]

§ 14‑402. Sale of certain weapons without permit forbidden.
(a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol or crossbow unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.
It is unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any pistol or crossbow without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same the permit from the sheriff as provided in G.S. 14‑403. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.
(b) This section does not apply to an antique firearm or an historic edged weapon.
(c) The following definitions apply in this section:
(1) Antique firearm. – Defined in G.S. 14‑409.11.
(2) Bolt. – A projectile made to be discharged from a crossbow. The bolt differs from an arrow in that the bolt is heavier and shorter than an arrow.
(3) Crossbow. – A mechanical device consisting of, but not limited to, strings, cables, and prods transversely mounted on either a shoulder or hand‑held stock. This device is mechanically held at full or partial draw and released by a trigger or similar mechanism that is incorporated into a stock or handle. When operated, the crossbow discharges a projectile known as a bolt.
(4) Historic edged weapon. – Defined in G.S. 14‑409.12. (1919, c. 197, s. 1; C.S., s. 5106; 1923, c. 106; 1947, c. 781; 1959, c. 1073, s. 2; 1971, c. 133, s. 2; 1979, c. 895, ss. 1, 2; 1993, c. 287, s. 1; c. 539, s. 284; 1994, Ex. Sess., c. 24, s. 14(c); 2004‑183, s. 1; 2004‑203, s. 1.)

 

[NavyLCDR]

Absolutely, WNC Seabee, you are correct. Therefore, with that requirement being met, nope, I don't think anything against any state or federal laws occurred!