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Straw purchase?

fastcarsgofastfastcarsgofast Member Posts: 7,179
edited February 2009 in Ask the Experts
I went to a gun-show yesterday to get a .22 pistol for my Pop. When the dealer heard me say that "Pop will like this like one" he asked who the gun was for. I told him it for my Pop and he tore up my paper work saying it was illegal straw purchase. I asked him how many guns he sold at Christmas time to wives for their husbands. Of course he did not have an answer for me, just said have a nice day and I left his table.

Now, I have been to other dealers who have told me that a straw purchase is when you buy a gun for someone that you know cannot legally posses it.

So which one is the correct interpretation of the law?
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Comments

  • crisisbillcrisisbill Member Posts: 487 ✭✭✭
    edited November -1
    That was not a "Straw Purchase" the guy was just an idiot.
    You hit the nail right on the head, only a straw purchase if your father could not cannot legally buy it himself.
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  • 1022man1022man Member Posts: 512 ✭✭✭
    edited November -1
    A straw purphase is when you are "buying" a gun for anyone else, that being if they can or can not buy one themselves. That being said "buying" translates into that some one else is paying/going to be paying for the gun. If it is a gift nothing wrong or illegal about that. Gundealers are having to be over cautious on the 4473, between ATF undercover/inspections, and news crews showing how easy it is to 'illegaly' buy guns at shows.
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  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    From ATF P5300.4, page 166:

    "Where a person purchases a firearm
    with the intent of making a gift of the
    firearm to another person, the person
    making the purchase is indeed the true
    purchaser. There is no straw purchaser
    in these instances."

    Neal
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  • He DogHe Dog Member Posts: 51,593 ✭✭✭✭
    edited November -1
    Fastcars, I am thinking you just look like an outlaw. [}:)]
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  • jhimcojhimco Member Posts: 2,075 ✭✭✭✭✭
    edited November -1
    Obama will make it illegal.
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  • 11b6r11b6r Member Posts: 16,584 ✭✭✭
    edited November -1
    As the guys have said- Dad gives you $200, says "Please pick me up a gun if you see one I'd like." THAT is a straw purchase. You see a gun Dad would like, and you reach into YOUR wallet, take out the money, and buy it as a bona fide present for Dad. That is NOT a straw purchase- but a very nice Father's Day. [:p]
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  • OakieOakie Member Posts: 40,565 ✭✭✭✭
    edited November -1
    are you looking for any more fathers[}:)]? I would love a new 22 hornet[:D][:D]. All kidding aside, Dealers at gun shows are being very cautious and for a very good reason. This was not a straw purchase and I hope you find that gun somewhere else for you dad. Your a good son[;)]. God Bless. Oak
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  • badhabithobbybadhabithobby Member Posts: 216 ✭✭✭
    edited November -1
    I tried to buy a 410 shotgun at a gun show last year as a gift to my father in law (since he did give me a beautiful wife I figured a good trade off). The dealer heard me say to my friend that it was a gift and I was still denied. I tried to explain to the dealer that he was not paying me for the gun and I was giving it to him with no expectations of anything in return but he would not hear it. He was rude and just kept interupting everything I tried to explain. I really wanted to get him the gun as the price was great but the dealer turned me down. I now believe that the dealer was either a complete moron or he realized the gun was worth more and needed a quick reason to not sell it.

    Just to test him out I sent a friend over to the table later in the day and had him inquire about the gun. It had been marked double the price, which was still an alright deal. That confirmed that the dealer was a moron.
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  • tr foxtr fox Member Posts: 13,856
    edited November -1
    quote:Originally posted by nmyers
    From ATF P5300.4, page 166:

    "Where a person purchases a firearm
    with the intent of making a gift of the
    firearm to another person, the person
    making the purchase is indeed the true
    purchaser. There is no straw purchaser
    in these instances."

    Neal


    I'm not trying to stick up for the BATFE by any means, but how can the seller know what the real and true intent of the buyer is? Or how can the seller know if the person to whom the firearm will be gifted to can legally own a firearm? I mean the seller would not even know the name or much of anything about the person to whom the firearm was going to be gifted to. If I was a FFL holder I am wondering if I might also, just to be super careful, never, ever sell a firearm to anyone who mentioned it was not for them personally.
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  • bustinstainlessbustinstainless Member Posts: 451 ✭✭✭
    edited November -1
    in what state did this happen?
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  • fastcarsgofastfastcarsgofast Member Posts: 7,179
    edited November -1
    quote:Originally posted by bustinstainless
    in what state did this happen?
    Georgia

    And BTW, I did not shave yesterday morning so I probably did look like and outlaw.[:D]
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