store owner defends himself BUT......

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rmt22

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http://www.ajc.com/metro/content/me...2009/06/15/cellphone_saves_roswell_clerk.html


When a would-be robber tried to stab Joseph Wescott at Beverage Mart on Holcomb Bridge Road, the knife dented the cellphone in the clerk’s pocket, but did not injure him.

Wescott, 59, then pulled a Glock .40-caliber pistol — which his son, a Roswell police officer, recently bought him for protection — and shot the man in the abdomen.

was this a "straw" purchase by the son (police officer)?

I recently bought a handgun for a family member and ended up having the recipient pick it up at the store to avoid any "issues."

I wonder if this LAW ABIDING citizen is going to get jammed up from this.
 
Could be, but not necessarily.

If the gun was legal for the store owner to have otherwise, maybe it was just a gift?
 
I don't know about GA law, but in WA you can sell or give away your guns with no record keeping/reporting requirement--so long as you in good faith believe them to be eligible to own firearms etc.. I haven't looked into the laws regarding so called straw purchasing, but I would expect they would specify that you're purchasing for someone else for the express purpose of hiding the destination of a gun, or avoiding a background check for someone who wouldn't pass.
I think I'll go look that up right now...

EDIT:
http://en.wikipedia.org/wiki/Straw_purchase
 
I don't see anything that indicates this was a straw purchase.
Jumping from, "...which his son... recently bought him...", to a straw purchase accusation, is a stretch.
 
it is not an accusation but a straw purchase is one who buys for another.

In GA they run a background check on the PURCHASER!

That is kind of a waste of time if he/she is not the one getting the gun.

A gift is the same thing as a TRANSFER and it is irrelevant whether money changed hands. If you think people DO NOT get jammed up over BS gun laws then you are delusional.
 
A straw purchase is defined as: buying a gun for someone who CANNOT legally own such a weapon.

Buying a gun as a gift is completely legal as long as the recipient of said gift is legally able to receive it.

~Norinco
 
Is it tin foil hat day? So many conspiracy threads.

Straw man purchases are a problem when someone buys a handgun for another that cannot purchase one legally.

A police officer buying one for his dad? Pshaw. :rolleyes:
 
As long as the store owner would have been legal to buy the gun himself and the son gave it to him, there is no straw purchase.
 
Its a father and son. As long as dad was legal, who cares. Its gotten bad about this stuff though. I had my son at a gun store (he is 9 btw) and was looking at a little .22lr for him. The gun shop owner wouldnt allow him to hold it(kinda hard to guess fit) and told me that it was ilegal for me to purchase a gun for someone else who didnt own a foid card.

My dad bought me my first shotgun when I was 12, I didnt have a foid card then. Bought it at walmart too, no one thought anything of it. It was a father-son moment.

I ended up taking my son to a small local shop that is in the garage at the guys house. He helped me with enthusiasm, glad that my son would be the next generation to spend thier paychecks with him. Even threw in a free box of .22s and told my son they were a birthday present from him.
 
Its a father and son. As long as dad was legal, who cares. Its gotten bad about this stuff though. I had my son at a gun store (he is 9 btw) and was looking at a little .22lr for him. The gun shop owner wouldnt allow him to hold it(kinda hard to guess fit) and told me that it was ilegal for me to purchase a gun for someone else who didnt own a foid card.

Good God, exact same thing happened to me. If this was in the Chicagoland area, I bet we were shopping at the same place. Near Route 30?
 
Not a straw purchase

A few recent threads might have confused the issue. For example, if two people go into the gun store and one decides to buy the gun, but cannot due to either lacking I.D., or being ineligible otherwise, turns to the other and says something like "hey you buy it for me" That FFL holder is going to deny the purchase. Think of a straw purchase like someone 21 buying a keg for a HS senior party.

On the other hand, if someone legally buys a gun and decides to give it to a family member or perhaps sell it to a friend who the owner reasonably believes can legally own said gun, and gives it to him/her or sells it to him/her that is a gift, or legal sale, not a straw purchase. There is a difference.

These days you will have to answer if you are purchasing the gun for yourself or not. If you indicate it is not for you or the seller knows it is not for you, you will be denied.

Hope this helps.

Shooter429
 
Straight from page 3 of the 4473. See Important Notice 1. Actual Buyer.

"You are also the actual buyer if you are legitimately acquiring the firearm as a gift for a third party."

Form4473-P3.jpg
 
A straw purchase is defined as: buying a gun for someone who CANNOT legally own such a weapon.

Not exactly. While making a purchase on behalf of a prohibited person is a straw purchase, it is not the definition. A straw purchase is defined as a purchase where question 12 a. on form 4473 is answered dishonestly, period.

It doesn't matter if the final individual who receives the firearms can legally own or possess it or not. It doesn't matter who, what, why, where.
If 12 a. is answered dishonestly, and the gun is transferred to someone who is legally allowed to own and possess a gun = straw purchase.

Page 165 of the 2005 Federal Firearms Regulations Reference Guide:

Quote:
15. STRAW PURCHASES
Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a "straw purchaser" (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.
In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser's residence address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. 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.

Straw purchase law is stupid.
 
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If you are using your own money, to buy a firearm as a gift for a legal third party, it is not a straw purchase. Because YOU are the actual purchaser. The third party is the recipient of a GIFT, not a purchaser. It states that right there in the ATF form 4473. However, if your wife gives you the money to purchase the gun as a gift for her Uncle, it is a straw purchase because you are not the actual purchaser, your WIFE is.
 
?? Riddle me this ??

However, if your wife gives you the money to purchase the gun as a gift for her Uncle, it is a straw purchase because you are not the actual purchaser, your WIFE is.

Is it a straw purchase if three siblings pool their money to buy Daddy a gun for Father's Day?
 
What if someone buys a gun as a gift for someone else, and both are present at the store?

It's not inconceivable that a father might take a son to a gun store to handle a few guns before buying one for him.
 
Doc...

FWIW, I've seen members here claim that your scenario is a SP, so we need one of the FFL holders to jump in and clear that one up. But I've read/heard that if the kid comes with you and picks out the gun, you buy it for him as a gift, expect to be denied the sale. Talk about stupid gun law.

I know for certain that if my boy wants a .22 rifle of his own, and I tell him that he'll need to save up the money for it. It is a straw purchase to use his money to buy the rifle he wants. Idiocy.
 
Guys, this is in Roswell GA., not Chicago. If the dad can legally own the gun no one is going to care who purchased the gun or how.
 
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