Buying a handgun under 21???

[Stiffler]

Stiffler....this is all your fault ! Just kidding !

can you boys stop fighting over me ha ha ah !!! Theres enough to go around lol.

Very good points in this tread

 

[Texas42]

. . . . Since we're on the topic of straw sales. . . . I'm starting to wonder.

I get that a straw sale is buying a gun for someone else, but what about a situations like

1. Person A buys a gun for his wife
2. Person A buys a gun for his son/son in law
3. Person A buys a gun to give to his friend on his birthday.

I know these are all kind of the same thing, but in all situations the person buys a gun with the intent on giving it to another person. I guess I don't understand if it is illegal and why or why not. Do you have to make money on the deal? Assume that everyone here can legally own and buy a firearm.

 

[randmplumbingllc]

. . . . Since we're on the topic of straw sales. . . . I'm starting to wonder.

I get that a straw sale is buying a gun for someone else, but what about a situations like

1. Person A buys a gun for his wife
2. Person A buys a gun for his son/son in law
3. Person A buys a gun to give to his friend on his birthday.

I know these are all kind of the same thing, but in all situations the person buys a gun with the intent on giving it to another person. I guess I don't understand if it is illegal and why or why not. Do you have to make money on the deal? Assume that everyone here can legally own and buy a firearm.

A straw purchase is any purchase whereby the purchaser is knowingly acquiring an item or service for someone who is, for whatever reason, unable to purchase the item or service themselves.
A straw purchase is not per se illegal in most cases, except as noted below. For example, someone may purchase an automobile for another who, due to poor credit, cannot purchase it themselves. The purchase is not illegal; however most financial institutions (ie Banks) have very strict policies regarding this unscrupulous practice; if the other party defaults on payment, the original purchaser would be liable for the debt even if s/he could not collect the debt and/or repossess the car from the other party.
However, the term is widely used within the context of United States federal gun laws, whereby a straw purchase is defined as any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is acting as a proxy for another person. The law does not distinguish between someone who is purchasing on behalf of a person who legally cannot purchase or possess a firearm, and one who is not. In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor. One of the questions on form 4473 is “I am the buyer of this firearm” and the purchaser must answer honestly yes or no, by checking the appropriate box in ink. However, purchase of a firearm as a bona fide gift for someone who can legally own such a firearm is permitted.

 

[Stiffler]

A straw purchase is any purchase whereby the purchaser is knowingly acquiring an item or service for someone who is, for whatever reason, unable to purchase the item or service themselves.
A straw purchase is not per se illegal in most cases, except as noted below. For example, someone may purchase an automobile for another who, due to poor credit, cannot purchase it themselves. The purchase is not illegal; however most financial institutions (ie Banks) have very strict policies regarding this unscrupulous practice; if the other party defaults on payment, the original purchaser would be liable for the debt even if s/he could not collect the debt and/or repossess the car from the other party.
However, the term is widely used within the context of United States federal gun laws, whereby a straw purchase is defined as any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is acting as a proxy for another person. The law does not distinguish between someone who is purchasing on behalf of a person who legally cannot purchase or possess a firearm, and one who is not. In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor. One of the questions on form 4473 is “I am the buyer of this firearm” and the purchaser must answer honestly yes or no, by checking the appropriate box in ink. However, purchase of a firearm as a bona fide gift for someone who can legally own such a firearm is permitted.

Perfect text book answer of defining Straw Purchases !

 

[Texan2]

. . . . Since we're on the topic of straw sales. . . . I'm starting to wonder.

I get that a straw sale is buying a gun for someone else, but what about a situations like

1. Person A buys a gun for his wife
2. Person A buys a gun for his son/son in law
3. Person A buys a gun to give to his friend on his birthday.

I know these are all kind of the same thing, but in all situations the person buys a gun with the intent on giving it to another person. I guess I don't understand if it is illegal and why or why not. Do you have to make money on the deal? Assume that everyone here can legally own and buy a firearm.

There are exemptions for gifts to family members, which are usually considered sposes, parents or children.

 

[Renegade]

...

 

[j0nathan]

ok so i am 18 years old and going to a gun show tomorrow with my mother and i was wondering would my mom be able to by say a heritage revolver and gift it to me. i have nothing preventing me from owning a gun besides that fact that i cant purchase it from a dealer. How would this fall with the intent gray area? is there any chance that her or me could get in to any legal issues?

 

[winchster]

ok so i am 18 years old and going to a gun show tomorrow with my mother and i was wondering would my mom be able to by say a heritage revolver and gift it to me. i have nothing preventing me from owning a gun besides that fact that i cant purchase it from a dealer. How would this fall with the intent gray area? is there any chance that her or me could get in to any legal issues?

See post #43. Specifically the line referring to bona fide gifts.

 

[j0nathan]

so as long as i give her the money say before the show and she buys it and gifts it to me...this is a bona-fide gift lol and she can not get into to any trouble because it is permitted. she jus doesnt want to have any problem with law and is worried which i can understand. would it be okay for her to gift it in there and have me carrying the box or would that be frowned upon just because it may look like a straw sale

 

[winchster]

Interpret the law at your own risk. I am not a lawyer.
Personally I have purchased firearms for my children and never thought twice about it.

 

[j0nathan]

ok thank you

 

[Bithabus]

so as long as i give her the money say before the show and she buys it and gifts it to me.

That doesn't sound like a gift to me. In fact I'd say that's a textbook straw purchase. If she buys it with her money and gives it to you it would be a gift.

 

[GPtwins]

As for proving intent, I think we just print the original post.

If I purchase a handgun for myself and decide to sell it for some reason, that is my business. If, however, I buy a handgun with the intent on selling it to someone else, that is a straw purchase. At least as far as I understand the law.


-Glen, Sent from my iPad using Tapatalk

 

[Texan2]

As for proving intent, I think we just print the original post.

If I purchase a handgun for myself and decide to sell it for some reason, that is my business. If, however, I buy a handgun with the intent on selling it to someone else, that is a straw purchase. At least as far as I understand the law.


-Glen, Sent from my iPad using Tapatalk

Buying a gun with the intent of selling it is not a straw purchase.

 

[Bithabus]

Buying a gun with the intent of selling it is not a straw purchase.

+1

If someone gives you money and you go buy a gun for them, you will have to lie when the 4473 asks "are you the actual buyer of this firearm?", and lying on that form is illegal.

 

[majormadmax]

+1

If someone gives you money and you go buy a gun for them, you will have to lie when the 4473 asks "are you the actual buyer of this firearm?", and lying on that form is illegal.

Exactly, buying it from a FFL for someone who is no legally able to buy it from that FFL but who pays the buyer for the firearm does constitute a straw purchase with intent.

If his mom was simply buying it to give to him, that's fine; but the fact that he stated he was giving her the money for it beforehand negates it being a gift and treads into sticky territory. If I were on that jury, I would consider it a straw purchase.

Better he buy a pistol from a private seller (no 4473 involved, and he is legally able to) than to risk a criminal record for his mother...