straw purchase question

[ID_shooting]

OK, another thread got me thinking. Say there is a handgun for sale in a nother state, the seller doesn't want to deal with FFLs and ship the gun. If I really wanted that gun, would it still be a straw purchase if I found somone willing to broker the deal by me sending him the money and then he buys the gun and then shipped to me via FFLs?

Because it would be going through an FFL, the broker wouldn't have to worry about my bun-buying status as I would have to fill out a 4473 on my end.

What do you think?

 

[BryanP]

As long as it goes to an FFL in your state and you have to fill out the 4473 form to get it, I don't see how it could qualify as a strawman purchase.

 

[45Badger]

It's fine. Chain of possession/transfers-

1) Legal owner sells/transfers to legal buyer #1 (may or may not require FFL transfer, depending on local state law).

2) Legal buyer #1 then sells/ships gun (out of state) to legal buyer #2's FFL. Depending on state laws, this may have to go from FFL to FFL.

3) Legal buyer #2 fills out paperwork, goes through background check, picks up gun.

Straw purchase law intent is to prevent a legal buyer from purchasing a gun for illegal transfer to a person who is prohibited from legally owning a gun.

 

[waterhouse]

In your example, I assume the seller is not a dealer?

If not, then the straw purchase concept doesn't really apply. I do not have it in writing, but I have spoken with the ATF about this: There is no "law" against "straw purchase." What they get the buyer for in a straw purchase deal is the fact that they falsified info. on the 4473, when they answered yes to question 11.a (are you the actual buyer). Falsifying info. on the 4473 is against the law. If this is a private deal (non FFLs), and no 4473 is filled out, then no straw purchase was made.

If the seller is a dealer in your scenario, and you gave someone money to go buy a gun for you, then it is a straw purchase.

Straw purchase law intent is to prevent a legal buyer from purchasing a gun for illegal transfer to a person who is prohibited from legally owning a gun

.

Although this is the main intent of the law, the ATF has repeatedly said that is DOES NOT MATTER if the person providing the funds for the gun is legal or not. If John and Bill are both non felons with lily white criminal records, and John gives Bill money to buy John a gun, Bill is performing a straw purchase.

here's a nice, simple cartoon that lays it out:
http://www.atf.gov/firearms/ffrrg/theater/toon4.html

 

[SLCDave]

Maybe you could contact both the seller and a FFL in the sellers area, pay the FFL to purchase the gun from the seller (by Credit Card, for the security aspect), and then have that FFL ship it to your local FFL?

 

[SIOP]

The seller does not need to use an FFL to ship the firearm. All he has to do is ship it to YOUR FFL. So it shouldn't be that big a deal for him to ship you the gun. Offer him a couple of bucks to make it worth his time if you have to. Be cheaper for you in the long run.