Would this be legal?

[Twiki357]

I have found a WWII Victory S&W revolver that I would like to buy. The problem is that the seller is in another state and will not ship. He will only sell FTF in his local area. I have a relative who lives close to the seller. Would it be legal for my relative to buy the gun from him (FTF, no paperwork required, legal in that state) and resell the gun to me with shipping to my FFL for transfer? It would be a purchase and resale by him. It seems that it should be legal as long as I am not providing the funds (Straw purchase) for him to make the purchase for me.

I realize this is somewhat of a gray area and opinions on the internet have no legal standing, but I would like some opinions. I was thinking of emailing ATF for an opinion, but don’t know if that would be productive.

 

[Carl N. Brown]

The intent of Congress was to prevent people on the prohibited person list (Questions under section 11 on the 4473) from buying guns through stand-ins (strawmen).

The rules promulgated to enforce the law say that the buyer of record on the 4473, must be the person who bought and paid for the firearm for his/her personal good-faith use. Which includes giving as a gift to a non-prohibited person (who cannot be the person providing the funds).

This can be a very sticky situation for folks of good intent.

 

[Ellsnjel]

If he's buying it face to face without going through a dealer and filling out a 4473 it cannot be a straw purchase.

 

[hso]

If he's buying it face to face without going through a dealer and filling out a 4473 it cannot be a straw purchase.

Why are you so certain?

 

[Twiki357]

My position is that, even with a 4473, it would not be a straw purchase because:

1. He is purchasing it for himself. For resale which should fall into the same category as buying for a gift. Not an FFL, but not “In the business” since it’s a onetime occurrence.

2. The “Resale” across state lines would be legal as it would be a private party selling to another private party and shipping to an FFL in the buyers state of residence for delivery in compliance with all applicable laws.

Correct or not? Why?

 

[Ellsnjel]

Why are you so certain?

Correct me if I'm wrong, but my understanding is that a straw purchase is checking the box on the 4473 that says I am the actual purchaser when you are not.

 

[grogetr]

It seems to me as long as you go through a FFL and do the BGC it shouldn't matter what happens before that.

 

[Sam1911]

Why are you so certain?

Correct me if I'm wrong, but my understanding is that a straw purchase is checking the box on the 4473 that says I am the actual purchaser when you are not.

That is actually quite true, as we've discussed recently.

This thread discusses almost the exact question in some depth: http://www.thehighroad.org/showthread.php?t=793056

While it seems at first look to be skirting some law somewhere, there really doesn't appear to be any problem with this.

There is no "straw purchase" because the relative/buyer is not filling out the 4473 and so is not falsely signing paperwork saying that he is the real purchaser.

If the relative then properly and lawfully ships it to Twiki's FFL and does a lawful interstate transfer then it really doesn't appear they'd be breaking any law in spirit or letter.