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Straw Purchase Question
MD_
Member Posts: 7 ✭✭
Is it a straw purchase if I buy a rifle from one state through an FFL dealer (with all the necessary paper work and checks) and then transfer it to a parent in another state, also through an FFL dealer, again with all the proper paperwork and background checks? Does it matter if it is a gift or just a transfer?
Comments
Is it a straw purchase if I buy a rifle from one state through an FFL dealer (with all the necessary paper work and checks) and then transfer it to a parent in another state, also through an FFL dealer, again with all the proper paperwork and background checks? Does it matter if it is a gift or just a transfer?
A "straw" purchase is, by definition, when one person buys a gun intended for someone else, with the idea that the ultimate recipient is skirting the legal paperwork to get the gun (usually because they can't legally have the gun otherwise, but this doesn't have to be true).
Where the money comes from (eg person A, B, or "other") is irrelevant. What matters is the legality of the individual transfers involved.
Gifting guns is perfectly allowed, again so long as the recipient is legally allowed to have the gun and all rules are followed with respect to legal transfer.
In this particular case, if the person who ends up with the gun gets it via transfer through an FFL, then by definition that is NOT a straw purchase.
Now, I don't know the particulars of the situation here, but if you want to gift a gun to a parent out of state, there may not be a need to do two separate background checks.
For example: You pay for the gun in State A from an FFL-dealer, but instead of taking legal possession of the gun, you have the FFL send it directly to an FFL in State B. You parent goes to FFL B, and does the background check and then legally obtains the gun, after paying a small transfer fee to FFL B.
Since at no point during this transaction would you ever actually possess the gun, there would be no need for you to do paperwork on it. In fact, since you don't really want to own it, its probably preferable that you do NOT do paperwork here.
Basically, the transaction is just like your parent buying the gun out of State from dealer A, only you're providing the funds.
Yes, it is my money and I intended to own the gun myself, but then my girlfriend went nuts when I told her so now I have to figure out what to do with it, and the last thing I want is to have ATF breaking into my or my parents' home in the middle of the night. What about just keeping it in my parents' house (different state from the one I live in), in a locked hard case with a trigger lock on it without them being able to access it?
Whoa.
What do you mean you "intended" to own it yourself?
Do you legally possess this gun or don't you?
Assuming you legally possess it, the BATFE isn't going anywhere.
If so, my suggestion is to get a nice trigger lock, put it on the gun, put the gun in a safe, show your girlfriend that it can't go off by itself, and give her a valium. (Or better yet, find a new girlfriend who doesn't panic over inanimate objects).
If your parent actually WANTS the gun, then you could bring it to an FFL, then have it legally transferred to them out of state, as above.
If you literally just bought it, and its still in like new condition unshot with all the packaging and sales receipt, perhaps you can bring it back to the store where you bought it? If you explain to the owner exactly what happened, he might be sympathetic and give you a full refund, or maybe one minus a small "restocking" fee. Maybe you could return it for store credit instead of a refund, which might be more palatable to the owner.
Or maybe you could just sell it locally. If its really like new, it should fetch nearly the exact same price as a new one.
I really don't think bringing it across state lines and leaving it with your parents is a good idea. In practice, its highly unlikely that anyone would ever find out about it if you did, but I think doing that would be illegal, and there is really no reason to mess around here.
Even if the gun were in a locked container, your parents would still legally possess it, since its on their property and they're aware of it. If the gun were stolen or lost, etc, they could get in trouble.
EDITquote: Originally posted by MD_
I already did the paperwork. My FFL dealer still has it since I have to wait for state paperwork to get processed but it is too late to avoid that.
OK. So you don't even have the gun yet.
Despite the pending paperwork, it may still be possible to cancel the sale since you didn't take possession of the gun. Obviously the gun is still in its original condition and unused so that can't be an issue.
If you paid via credit card, I think you could cancel payment whether the dealer liked it or not, and so he might be a bit more amenable to taking it back knowing this was on the table.
Have you asked the dealer about this? Its worth asking, I think. He might be sympathetic and be able to help you.
Edit #2, responding to below.
quote:Originally posted by MD_
I really overpaid it so it will be difficult to sell it for any price reasonably close to what I paid for it. I am still in the process of getting my state paperwork done, but since I have a clean record I should be good, so I do legally own the gun. My only concern was whether gifting/transferring it right after I buy it would be considered a straw purchase even if I go through an FFL dealer on both ends of the transaction.
Answer: Once you have the gun legally, there is no reason you can't transfer it to anyone you like, again, so long as THEY are allowed to have it and the rules are followed in the transfer.
On the other thing, if you really overpaid, that's even more reason not to take possession in the first place.
But ultimately, how much you paid is irrelevant too. If the gun is worth $800 and you paid $1000, then you're still out that $200 whether you keep the gun or resell it at a loss. The loss is still there whether its "realized" or "paper", just that if its "realized" at least you'll have some money in your pocket instead of a gun your girlfriend won't let you keep.
Yes, it is my money and I intended to own the gun myself, but then my girlfriend went nuts when I told her so now I have to figure out what to do with it, and the last thing I want is to have ATF breaking into my or my parents' home in the middle of the night. What about just keeping it in my parents' house (different state from the one I live in), in a locked hard case with a trigger lock on it without them being able to access it?
First thing to do, is send her packing. He Dog is onto something there. They make better ones than her, every day.
Next, as long as you buy it with all the checks, you can store it in what ever state you want. You don't have to transfer ownership. If you do transfer it by means of another FFL, then it is still not a straw purchase, as your father would be the last one to fill out the 4473 for it.
Best
Keep the gun, ditch the girl, they are a dime a dozen. Or you could let her rule you the rest of your life.
Now that is expert advice[^]
Couldn't have said it any better.[;)]