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Author Topic: Gun buying question.... to avoid a straw purchase  (Read 1009 times)

TAB

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Gun buying question.... to avoid a straw purchase
« on: November 05, 2023, 12:36:40 AM »
Let's say you have a friend that lives in another state that has been looking for a gun for years.   You find one in a local pawn shop.
 The pawn shop refuses to do a sale where he buys it and then ships it to his ffl.

How can you legally get this gun to him?

Buying it for him is technically  illegal.  Both live in free states.

Is there a way to do this legally?
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billt

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Re: Gun buying question.... to avoid a straw purchase
« Reply #1 on: November 05, 2023, 02:28:11 AM »
I'm not a lawyer, but I think you could purchase it, then gift it to him. This assuming he can legally own a firearm where he resides, and you don't make it a regular thing by buying firearms for all your "friends" on a regular basis.

But a one shot deal I think is permissible. He can send you a check because the ATF doesn't govern money, or amounts paid. Just the guns it can buy.

A "straw purchase" is defined as knowingly purchasing a firearm for someone who you know cannot legally own one. That is not the case here.
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Big Frank

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Re: Gun buying question.... to avoid a straw purchase
« Reply #2 on: November 05, 2023, 05:18:08 AM »
Quote from: billt on November 05, 2023, 02:28:11 AM
I'm not a lawyer, but I think you could purchase it, then gift it to him. This assuming he can legally own a firearm where he resides, and you don't make it a regular thing by buying firearms for all your "friends" on a regular basis.

But a one shot deal I think is permissible. He can send you a check because the ATF doesn't govern money, or amounts paid. Just the guns it can buy.

A "straw purchase" is defined as knowingly purchasing a firearm for someone who you know cannot legally own one. That is not the case here.

Bingo. Maybe it's time to visit a friend, and avoid the FFL in his state.

Also, you could buy it and find a reasonable FFL in your state to do a transfer to his FFL. I think I only paid $15 for the transfer when I bought my firearm online.
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""It may be laid down as a primary position, and the basis of our system, that every Citizen who enjoys the protection of a free Government, owes not only a proportion of his property, but even his personal services to the defence of it, and consequently that the Citizens of America (with a few legal and official exceptions) from 18 to 50 Years of Age should be borne on the Militia Rolls, provided with uniform Arms, and so far accustomed to the use of them, that the Total strength of the Country might be called forth at a Short Notice on any very interesting Emergency." - George Washington. Letter to Alexander Hamilton, Friday, May 02, 1783

THE RIGHT TO BUY WEAPONS IS THE RIGHT TO BE FREE - A. E. van Vogt, The Weapon Shops of Isher

Rastus

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Re: Gun buying question.... to avoid a straw purchase
« Reply #3 on: November 05, 2023, 06:59:56 AM »
Just to be safe I would check and see if you can gift a firearm to a non-family member.

I like Frank's idea of buying it and finding an FFL who would transfer it.
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Big Frank

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Re: Gun buying question.... to avoid a straw purchase
« Reply #4 on: November 05, 2023, 07:06:51 AM »
That way you know it's legal. No ifs, ands, or buts about it.
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""It may be laid down as a primary position, and the basis of our system, that every Citizen who enjoys the protection of a free Government, owes not only a proportion of his property, but even his personal services to the defence of it, and consequently that the Citizens of America (with a few legal and official exceptions) from 18 to 50 Years of Age should be borne on the Militia Rolls, provided with uniform Arms, and so far accustomed to the use of them, that the Total strength of the Country might be called forth at a Short Notice on any very interesting Emergency." - George Washington. Letter to Alexander Hamilton, Friday, May 02, 1783

THE RIGHT TO BUY WEAPONS IS THE RIGHT TO BE FREE - A. E. van Vogt, The Weapon Shops of Isher

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Re: Gun buying question.... to avoid a straw purchase
« Reply #5 on: Today at 11:39:40 PM »
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TAB

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Re: Gun buying question.... to avoid a straw purchase
« Reply #5 on: November 05, 2023, 11:33:52 AM »
It's across  state lines so has to goto a ffl for him.  Even if they would let him buy it...

The real funny thing about this is he is a federal Marshall.

If he was closer I would say hop in your truck and I would meet up with him.... he is 2300 miles each way.
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alfsauve

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Re: Gun buying question.... to avoid a straw purchase
« Reply #6 on: November 05, 2023, 11:55:11 AM »
I assume he's going to reimburse you for it, then it's technically not a gift.

Buy it.  Find a reasonable FFL who will transfer it to his FFL.  That simple, though costly.

Shipping is WAYYYYYY cheaper if a FedEx/UPS commercial customer does the shipping. 


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Big Frank

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Re: Gun buying question.... to avoid a straw purchase
« Reply #7 on: November 05, 2023, 07:58:03 PM »
Quote from: alfsauve on November 05, 2023, 11:55:11 AM
I assume he's going to reimburse you for it, then it's technically not a gift.

Buy it.  Find a reasonable FFL who will transfer it to his FFL.  That simple, though costly.

Shipping is WAYYYYYY cheaper if a FedEx/UPS commercial customer does the shipping.

I like the way you think.  ;D
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""It may be laid down as a primary position, and the basis of our system, that every Citizen who enjoys the protection of a free Government, owes not only a proportion of his property, but even his personal services to the defence of it, and consequently that the Citizens of America (with a few legal and official exceptions) from 18 to 50 Years of Age should be borne on the Militia Rolls, provided with uniform Arms, and so far accustomed to the use of them, that the Total strength of the Country might be called forth at a Short Notice on any very interesting Emergency." - George Washington. Letter to Alexander Hamilton, Friday, May 02, 1783

THE RIGHT TO BUY WEAPONS IS THE RIGHT TO BE FREE - A. E. van Vogt, The Weapon Shops of Isher

MikeBjerum

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Re: Gun buying question.... to avoid a straw purchase
« Reply #8 on: November 05, 2023, 08:25:03 PM »
Whether you are going to gift it or sell it to your friend, the only way to avoid a straw purchase charge is to send it to his ffl for the transfer.
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TAB

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Re: Gun buying question.... to avoid a straw purchase
« Reply #9 on: November 06, 2023, 06:24:42 AM »
He will pay me back


It is so stupid that we have laws that make it so you could become a felon over nothing.
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