Straw purchase?

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  • Okra

    Plinker
    Rating - 0%
    0   0   0
    Mar 18, 2013
    60
    8
    When in doubt...I don't....I have turned down sales based on a "bad vibe"......


    "WTF do you mean you won't sell me the gun because of a "bad vibe"?"

    "Bad vibe"...It's 70's talk for GTF out of my shop? Do you understand now?"

    I would think the 'bad vibe' sales method would be risky in this age of the ever-proliferating "protected classes." Seller says 'bad vibe,' and buyer says 'I'm a victim of [choose one]ism."
     

    IndyTom

    Expert
    Rating - 87.5%
    7   1   0
    Oct 3, 2013
    1,336
    63
    Fishers
    So am I legally in the wrong if I purchase a .22 rifle for my grandkids to have? There fathers already own firearms and are proper persons.

    Gifts for people legally allowed to possess firearms aren't the issue. Now, if your grandkid has a felony and you're knowingly doing this, it is a problem.

    I'm surprised I didn't get flagged for buying a youth sized 410, At six foot tall and 220lbs what do I need a youth shotgun for.

    I don't believe the law should apply for spouses and kids, family house, all money comes from the same source.

    The problem with this is...she's a proper person, he has felonies...it doesn't matter that they're married if she is getting him a gun. This is exactly why it is an issue and the clerk has no way of knowing. Appearances matter and can get the store in trouble.
     

    BigBoxaJunk

    Grandmaster
    Rating - 100%
    3   0   0
    Feb 9, 2013
    7,335
    113
    East-ish
    Thank you Jetta...

    When in doubt...I don't....I have turned down sales based on a "bad vibe"......


    "WTF do you mean you won't sell me the gun because of a "bad vibe"?"

    "Bad vibe"...It's 70's talk for GTF out of my shop? Do you understand now?"

    That has to be one of the best things about having your own shop. Getting to throw out a surly customer.
     

    Dirtebiker

    Grandmaster
    Rating - 100%
    49   0   0
    Feb 13, 2011
    7,091
    63
    Greenwood
    All you have to believe is that the buyer is not an improper person. If you have no reason to believe they are not a proper person, then all is well. Unless you're an FFL, you're not seeing my DL and you can keep the gun. I don't do many gun deals outside of FFLs, but the handful I have, I've never shown my DL. You do not need a LTCH to own a handgun, so why make them show one to buy a handgun?
    Because anyone can make any rules they choose, and sell to anyone they choose.
     

    Dirtebiker

    Grandmaster
    Rating - 100%
    49   0   0
    Feb 13, 2011
    7,091
    63
    Greenwood
    I would think the 'bad vibe' sales method would be risky in this age of the ever-proliferating "protected classes." Seller says 'bad vibe,' and buyer says 'I'm a victim of [choose one]ism."
    That's cool too! They can say what they want. Still not getting the gun!
     

    Alpo

    Grandmaster
    Rating - 100%
    2   0   0
    Sep 23, 2014
    13,877
    113
    Indy Metro Area
    "Do you do transfers?"

    --Yes

    "My friends and I want to buy a dozen stripped lowers. How much will you charge me for the transfer?"

    --Well, $15. But each of your buddies will have to come in and fill out the 4473.

    "You won't transfer them all to me?"

    ---No.

    "So and So gun shop will do it."

    ---Please go see So and So, that is if the ATF still has the shop open.
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,817
    149
    Valparaiso
    "Do you do transfers?"

    --Yes

    "My friends and I want to buy a dozen stripped lowers. How much will you charge me for the transfer?"

    --Well, $15. But each of your buddies will have to come in and fill out the 4473.

    "You won't transfer them all to me?"

    ---No.

    "So and So gun shop will do it."

    ---Please go see So and So, that is if the ATF still has the shop open.

    Pfft. I read on INGO that you can have your buddy pay for a gun, you fill out the 4473 and have it transferred to you, then just gift it to him.
     

    T.Lex

    Grandmaster
    Rating - 100%
    15   0   0
    Mar 30, 2011
    25,859
    113
    Pfft. I read on INGO that you can have your buddy pay for a gun, you fill out the 4473 and have it transferred to you, then just gift it to him.
    Wait.

    That's totally not what happened.

    You can have your friend pretend to be you and buy a gun in your name, but pay for it with his own money, then you fill out the 4473 as if you paid for it, then gift it to him. Gift him the gun that he already paid for.
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,817
    149
    Valparaiso
    Wait.

    That's totally not what happened.

    You can have your friend pretend to be you and buy a gun in your name, but pay for it with his own money, then you fill out the 4473 as if you paid for it, then gift it to him. Gift him the gun that he already paid for.

    I've heard it both ways.
     

    ram91648

    Plinker
    Rating - 0%
    0   0   0
    Oct 7, 2017
    1
    1
    Buchanan
    It's splitting hairs, but technically the person purchasing was not the person paying so I can see why they would err on the side of caution. Store policy, BATFE instructions, insurance company, unsure employee. I can see it happening as described.

    A straw purchase or nominee purchase is any purchasehttps://en.wikipedia.org/wiki/Purchase wherein an agent agrees to acquire a good or service for someone who is unable or unwilling to purchase the good or service themselves, and the agent transfers the goods or services to that person after purchasing them. In general, straw purchases are legal except in cases where the ultimate receiver of goods or services uses those goods or services in the commission of a crime with the prior knowledge of the straw purchaser, or if the ultimate possessor is not legally able to purchase the goods or services. In some jurisdictions, straw purchases are legal although the end user is not legally able to purchase the good or service himself or herself. If the husband filled out the 4473 and paid for it and said or indicated the gun was for someone else i.e. his wife then it was a straw purchase. In this case, the wife filled out the 4473 as the eventual owner of the gun and the husband was only paying for it. This "is not" a straw purchase. It isn't a straw purchase if the purchaser of record via 4473 is the owner of the gun after purchase. Pretty simple...........
     

    T.Lex

    Grandmaster
    Rating - 100%
    15   0   0
    Mar 30, 2011
    25,859
    113
    Interesting first post. Welcome to INGO. :)

    In general, straw purchases are legal except in cases where the ultimate receiver of goods or services uses those goods or services in the commission of a crime with the prior knowledge of the straw purchaser, or if the ultimate possessor is not legally able to purchase the goods or services. In some jurisdictions, straw purchases are legal although the end user is not legally able to purchase the good or service himself or herself. If the husband filled out the 4473 and paid for it and said or indicated the gun was for someone else i.e. his wife then it was a straw purchase. In this case, the wife filled out the 4473 as the eventual owner of the gun and the husband was only paying for it. This "is not" a straw purchase. It isn't a straw purchase if the purchaser of record via 4473 is the owner of the gun after purchase. Pretty simple...........
    I'm curious where you found this paragraph.

    There are... imperfections... in what it describes.
     
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