Straw Purchase??

[leadcounsel]

Scenario:

Buyer and wife life in town X in Wyoming. Buyer is out of town. Seller lives in town Y, also in Wyoming. Buyer, wife, and seller all legal to own, purchase, etc.

Buyer wants to buy gun from Seller. Seller offers to deliver gun to buyer's home to buyers wife, on behalf of buyer.

1) Straw purchase? Or is a straw purchase only through an FFL?
2) Better for buyer to send funds through the mail to Seller, or to have wife pay Seller directly.
3) Or better to have seller to sell to wife, and then wife can sell/gift to Buyer?

 

[Al Thompson]

No NICS, no 4473, not a straw purchase. IMHO, as long as everybody knows what's going on and are comfortable, no issue. No clue on state laws though.

 

[Bubba613]

I had to read this three times to make sense of it.

So the question is, as I understand it, the seller is offering to deliver the gun to the buyer's house directly. The buyer won't necessarily be there but his wife will.
That isn't a straw purchase by any stretch of the imagination.

Now, if the seller delivered the gun to the FFL and the buyer's wife came in and bought it that might be considered a straw purchase. Of course the FFl would have to know all the details to know this. If all that happens is someone comes in and picks up the gun after 4473 then so what?

 

[Bubbles]

Now, if the seller delivered the gun to the FFL and the buyer's wife came in and bought it that might be considered a straw purchase.

Not if the wife is buying it as a gift for her husband. Some wives do that ya know.

Seriously, though, there seems to be a huge disconnect between many gun control laws and marital community property laws.

 

[NavyLCDR]

What Al Thompson said.... +1000

No problem with Wyoming state law either.

Even if an FFL was involved, if the wife paid for the gun with money that she would have access to anyway, to do with whatever she wanted, it would still be her money she was buying the gun with (or at least joint marital finances), and therefore she would be the purchaser of the gun anyway... no straw purchase there either.

So, to answer all three questions in the OP:

1. NO, YES
2. NO
3. NO

 

[Bubba613]

The husband/wife business is very frustrating. WHen I have a couple come in looking for a HD gun then who is the gun for? The answer is both of them. But only one can fill out the 4473. So how do I know the other isn't prohibited? I dont.
Our rule of thumb in the shop is, if the wife/girlfriend puts her hand on the gun and tries it out then she can fill out the form. If she stands in the back like wallpaper until the time comes to do the form then no.

 

[NavyLCDR]

The husband/wife business is very frustrating. WHen I have a couple come in looking for a HD gun then who is the gun for? The answer is both of them. But only one can fill out the 4473. So how do I know the other isn't prohibited? I dont.
Our rule of thumb in the shop is, if the wife/girlfriend puts her hand on the gun and tries it out then she can fill out the form. If she stands in the back like wallpaper until the time comes to do the form then no.

So, what about this situation, in your shop....

My wife and I come in to buy a gun for her. I am a military member on orders to your state, and I have my active duty Military ID card plus a copy of my properly endorsed permanent orders to your state. Neither my wife nor I have in-state driver's licenses (for example, in Washington neither the military member or spouse are required to get a WA driver's license). She handles all the guns she wants, picks out the gun she wants, I do the paperwork, pay for the gun with a joint check signed by me, hand her the gun as a gift. We are both residents of your state because we both reside in that state with the intention of making a home there. Would you refuse to sell the gun to me?

 

[Art Eatman]

Since the OP has been answered, only Bubba613's response to NavyLT will avoid being deleted...

 

[Bubba613]

No.

 

[NavyLCDR]

Cool, thanks! Some FFLs get hung up on what a gift is...

 

[TexasRifleman]

Then this one is all wrapped up.