The Down Range Forum

Member Section => Down Range Cafe => Topic started by: TAB on December 12, 2008, 10:26:40 PM

Title: Legal Q... 3rd party paying for a gun...
Post by: TAB on December 12, 2008, 10:26:40 PM
A freind of a relative has a gun I would like to buy, but he will only take cash. Its also just happend to be about 1500 miles from me.

Is it legal for my relative to pay for the gun + shipping to my FFL ( my relative never takes possession, just pays the guy and the ffl to ship it)then have me remburse him for what he put out?

If not would it be legal for me to wire him the money before had to do that?






its one of those gray areas I'm not completly sure if its legal.


For those wondering its a AH Fox Sterlingworth 16 ga


simlar to this.

http://www.cabelas.com/cabelas/en/content/community/gun_inventory/inventory/mitchell/american_sg/896180_fox_mit.jsp?hierarchyId=11657
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: ericire12 on December 12, 2008, 10:29:17 PM
It is only an illegal straw purchase if YOU were not legally allowed to buy a gun. They could even take possession of it if they really wanted to. It doesnt matter.

BTW.... you could always use PayPal
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: TAB on December 12, 2008, 10:31:50 PM
The guy will only take 100s.  Even tried the postal money order... no dice.  Its a good deal, but not good enough to hop on a plane to buy.
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: Hazcat on December 12, 2008, 10:33:04 PM
Perfectly legal TAB.  YOU still have to fill out the 4473.
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: tombogan03884 on December 12, 2008, 10:36:44 PM
Seems like it would be no different than if you bought it with a check or Credit card, in that case the BANK is providing the CASH based on your credit (same as your relative putting up the cash and your sending him/her a check to reimburse) you reimburse the bank with your payment, it's going through an FFL, YOU (the ACTUAL buyer) are doing the paper work, only possible glitch I see is if it's not a Ca. approved firearm.Otherwise it's perfectly legal.
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: TAB on December 12, 2008, 10:42:28 PM
its a old side by side as long as its over 18" they don't care.


This gun will complete my collection of american SXS in  16ga made from 1900-1950.

Title: Re: Legal Q... 3rd party paying for a gun...
Post by: Big Frank on December 12, 2008, 10:45:38 PM
I think some gun porn is due soon.
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: TAB on December 12, 2008, 10:48:08 PM
its over 2 weeks....


remember in ca we have the 10 24 hour incraments ( not 10 days, but 240 hours)  every one round that up to 11, just to be safe, giving a gun out 1 second earily will get your FFL yanked.

Title: Re: Legal Q... 3rd party paying for a gun...
Post by: PegLeg45 on December 12, 2008, 10:53:02 PM
I think some gun porn is due soon.

YES.

Not that I don't appreciate your 'other' postings, when you get it, let us see a nice side-by-side double-barrel without nipples.   ;)
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: TAB on December 12, 2008, 10:58:40 PM
YES.

Not that I don't appreciate your 'other' postings, when you get it, let us see a nice side-by-side double-barrel without nipples.   ;)


how do you feel about beads? (http://www.gawker.com/assets/resources/2008/02/SIcombo.jpeg)
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: PegLeg45 on December 12, 2008, 11:00:27 PM

how do you feel about beads? (http://www.gawker.com/assets/resources/2008/02/SIcombo.jpeg)

Pretty damn good, now. Thank you very much.   :D
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: tombogan03884 on December 12, 2008, 11:01:16 PM
Post the collection, I'm not big into shot gunning, but I DO admire fine workmanship, and clean lines. Post some comments to about why each was popular. Just give me an illustrated class online about American sxs 1900-1950  ;D
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: PegLeg45 on December 12, 2008, 11:08:34 PM
Post the collection, I'm not big into shot gunning, but I DO admire fine workmanship, and clean lines. Post some comments to about why each was popular. Just give me an illustrated class online about American sxs 1900-1950  ;D

Same here. I do love old side-by-sides. My father-in-law was a SxS fanatic. He loved the old 'rabbit-eared' doubles.
Some are still made today, but the companies have been bought and sold so many times that they just aren't like they once were when they were 'family made'.
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: TAB on December 12, 2008, 11:19:55 PM
I'm just finishing the collection started by a Cousin.    Don't have any non hard copy pics.   Those are in the safety deposit box next to the insurance docs.
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: DDMac on December 13, 2008, 05:41:22 AM
TAB, you are not actually paying an FFL to ship the gun to your FFL are you? Not necessary, you know.
Mac.
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: MikeBjerum on December 13, 2008, 06:43:50 AM
As long as you, the buyer, receive the gun from an FFL after doing the proper paperwork it is perfectly legal.  The terms "sale" and "purchase" are totally irrelevant in the transaction.  The concern comes with the person receiving the gun being the same one that completes the form and passing the background check.  Handing guns out for little or no payment is one of the things Clinton and Brady tried to attack but couldn't get done, so it is legal (at least in my experience).
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: 1776 Rebel on December 13, 2008, 07:32:05 AM
As a cya, I would make sure you get  a copy of drivers license and bill of sale as part of the package. Maybe not needed but I feel better knowing who I am dealing with and can later prove I did due diligence. I have some relatives that I wouldn't trust further than I could throw them no less their friends. Also don't like handing someone money and "trusting" they are going to ship it. How about COD?
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: Rastus on December 13, 2008, 10:32:13 AM
The guy will only take 100s.  Even tried the postal money order... no dice.  Its a good deal, but not good enough to hop on a plane to buy.
Private purchase?  I don't know that it matters, you send the money buying it, relative takes possession for storage.  Unless you have some other Kalifornian/New York/Chicago/Boston/liberal goofy laws which may exist.

One thing that does bother me...it seems like more than just tax avoidance issues looking at how the person doesn't want any paper at all other than cash (you could send the relative a money order to cash).  Does your relative know how long the seller has owned the gun or how the seller acquired it?  My concern is that the apparently excessive cloak and dagger may be due to the way the item was acquired.  If you are satisfied it's not stolen I'd send a money order to my relative (check, whatever....) and have them pick it up.
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: TAB on December 13, 2008, 01:53:41 PM
TAB, you are not actually paying an FFL to ship the gun to your FFL are you? Not necessary, you know.
Mac.


In CA it is...
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: DDMac on December 17, 2008, 04:14:23 PM

In CA it is...

Wow! They want everything on record they can I guess. Still. not Federally required. But you do need to receive it through an FFL in your home state. Sorry you are subject to all the extra regs.
Mac.
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: tt11758 on December 17, 2008, 05:42:23 PM

how do you feel about beads? (http://www.gawker.com/assets/resources/2008/02/SIcombo.jpeg)

Beads are fine, but those damn things are in the way!!  ;)
Title: Re: Legal Q... 3rd party paying for a gun...
Post by: Rastus on December 17, 2008, 07:20:45 PM
Wow! They want everything on record they can I guess. Still. not Federally required. But you do need to receive it through an FFL in your home state. Sorry you are subject to all the extra regs.
Mac.

TAB...we need to get you some work somewhere that's not "special" and you can live among normal guys.