FFL ??? PLEASE READ !
Hello,I just got a e-mail from one of our troops in Iraq.And it has kinda left me puzzled.He wants to go hunting with his father when he gets home,and wants me to get a 30-30 for him,and his dad will pick it up so he has it when he gets home.
As much as I would like to help...heck I wount't even charge him for the gun..call it a gift for what he is doing for our country....BUT,it is a classic example of a "straw buyer",unless there is something I am missing...........What are your thoughts?? Thanks,Oro
As much as I would like to help...heck I wount't even charge him for the gun..call it a gift for what he is doing for our country....BUT,it is a classic example of a "straw buyer",unless there is something I am missing...........What are your thoughts?? Thanks,Oro
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What you are missing is that one element of a "straw purchase" is that the purchase must be for a person who is prohibited from purchasing the gun.
If the father is buying the gun for his son, and the son's home of record (residence) is still in the state where the purchase takes place there should be no problem. Restrictive state laws on purchase, transfer and possession may be a problem.0 -
No problem at all. His father IS the purchaser. In families, it's not uncommon for the father to purchase a long gun for the express purpose of giving it to his son.
Nice touch ordering it for free for them. BZ!
What men call a hero...is merely a man who is seen doing what a brave man does as a matter of course.
A man who is in love with learning is a man who is never without a bride, for there is always more. L'Amour0 -
This is done all of the time and as long as it is a true gift there are no problems. There was a big deal made a couple of years ago about Sara Brady buying a firearm for her son and then giving it to him as a Christmas gift...perfectly legal if it is also legal in her home state (which I understand it was). Straw purchases comes into play only when someone purchases a firearm for another person at his request and not as a gift. Example #1 Bob is in a prohibited catagory and wants a rifle so he has Fred purchase it for him and then "give" it to him. FELONY! Bob was the actual buyer but used Fred as the "straw man". Example #2 Bob, who has a clean record, is totally in fear of the government knowing that he owns any firearms (we have no one like that on GB). Bob has Fred go into the gun store and purchase a rifle and then "give" it to him to avoid the paper trail. FELONY! Whether or not the transfer was not to a prohibited person or otherwise legal makes zero differnce because Bob was the actual buyer of the firearm and used Fred as his "Straw man".
Mark T. Christian0 -
Fascinating stuff.
Brian Ostro.
I am committed to the sovereignty of our great Republic and Jesus Christ is my Lord and Saviour
member: NRA,RFC, John Birch Society, American Numismatic Association.0 -
Mark- Leave me outa this....I'm a good guy[8D]-Bob
Love them Pre-64's!!!!-Bob0 -
It seems "Bob's" involed in everything.
"Right is Right, even is everyone is against it, and wrong is wrong, even if everyone is for it"0 -
Mark, Thanks for clearing up the "straw man" issue. I looked through the Federal Firearms Reference Guide and could not find anything about strawman purchases. My pet peeve is those who attempt to answer a question when they can't answer with factual information. Now I have been guilty of that. Sorry. 0 -
There was nothing wrong with your answer Herschel as the case you mentioned is the most common for prosecution. Lots of these straw man purchases all revolve around just how hard the BATFE wants to push the issue. Here is another very common "straw purchase": Our friend Bob has been waiting all year for the BIG GUNSHOW at the Capital City Fairgrounds and at last the weekend of the show has arrived. SURPRISE! Bob's wife informs him that her parents and her brother are going to be in town from Des Moines and will be staying over at the house on that weekend and she expects him to BE THERE! DISASTER! Just the thought of listening to his father in law drone on about his slipped disk, hearing about his mother in laws hip replacement (again), and even seeing his brother in law Lester is enough to send poor Bob over the edge. Since he can't go to the gun show himself (doing so risks divorce or a year of sleeping on the sofa) he gives his friend Fred some money and instructions to pick him up a nice clean Winchester Model 12 if one is available for sale at a good price. FELONY! If Fred buys that shotgun for Bob it is clearly a straw purchase but I'll bet lots of folks reading this have done the same thing for their buddies and nothing ever came of it. Good luck Bob.
Mark T. Christian0 -
Thanks for the help guys...I looked threw my book and couldn't find it either.....thats why I asked you guys.Thalns again.Oro 0 -
Well, for a M.12....maybe!
Love them Pre-64's!!!!-Bob0
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