cking Posted May 22, 2006 Share Posted May 22, 2006 I listed a gun a few weeks ago and I got an email from somebody in another state wanted to buy the gun, but was going to have his brother buy it for him in my state. Didn't think much of it because it was already sold. So watch out, I read in American handgunner about BATF doing stings on dealers buy having the female purchase the gun for the male. Then calling it a straw purchase. Link to comment Share on other sites More sharing options...
mpolans Posted May 22, 2006 Share Posted May 22, 2006 From my understanding, it's not an illegal sale unless the person the purchaser is buying for is ineligible to buy the gun. However, it is illegal to lie on the Form 4473. Of course, try convincing your average FFL dealer of the above and they'll look at you like you're from another planet. DISCLAIMER: Not legal advice. Get a lawyer licensed to practice in your state for the real deal. Link to comment Share on other sites More sharing options...
Genghis Posted May 22, 2006 Share Posted May 22, 2006 One of the questions on the 4473 is, "Are you the actual buyer of the firearm(s) listed on this form?" If you check, "No," the dealer can't sell it to you. If you check, "Yes" when you aren't the real buyer, you just committed a separate offense. You're guilty of two separate and independent offenses if you 1) make a false statement on the 4473, and 2) deliver a gun to someone who isn't supposed to have one. That person would be guilty of illegally possessing a gun. The Feds DO prosecute people for this. Not legal advice. Link to comment Share on other sites More sharing options...
EricW Posted May 23, 2006 Share Posted May 23, 2006 (edited) I had people asking me to perform illegal transfers *all the time* when I was selling off guns on GunsAmerica to finance my lower education. I finally started putting "Do not even ASK me to perform an illegal transfer!" at the bottom of the ad, which pretty much put an end to it. Edited May 23, 2006 by EricW Link to comment Share on other sites More sharing options...
walangkatapat Posted May 23, 2006 Share Posted May 23, 2006 How's the dealer supposed to know the girl isn't the actual buyer unless she puts no? Link to comment Share on other sites More sharing options...
Bigbadaboom Posted May 23, 2006 Share Posted May 23, 2006 How's the dealer supposed to know the girl isn't the actual buyer unless she puts no? The Dealer can't know unless she voices it but "They" have to blame someone besides the person who is actually breaking the law. Link to comment Share on other sites More sharing options...
blackdragon Posted May 23, 2006 Share Posted May 23, 2006 Having been involved with a straw purchase, ( Stripper for her Ex Felon Pimp) The ATF is ok as long as you co operate with them! I really don't think they want to be the enemy! It sucks any way you look at it! Ivan Link to comment Share on other sites More sharing options...
MikeFoley Posted May 24, 2006 Share Posted May 24, 2006 Ivan, Were you the stripper or the pimp? Link to comment Share on other sites More sharing options...
blackdragon Posted May 24, 2006 Share Posted May 24, 2006 Ivan Nope the dumb ass salesman! I Link to comment Share on other sites More sharing options...
SinistralRifleman Posted May 24, 2006 Share Posted May 24, 2006 It is illegal for a resident of one state to privately transfer or sell a gun to a resident of another state. This is interstate commerce and must go through a dealer in the recipient's state. The buyer may not have been unqualified, but it was an attempt to circumvent the legal procedure for selling a gun out of state. Link to comment Share on other sites More sharing options...
Ted Murphy Posted May 27, 2006 Share Posted May 27, 2006 I know a guy caught up in such a sting. They first sent in a couple who looked at the gun. The guy said, "that one", and the girl bought it. Then another couple came in, the guy said, "I want that one", and the girl bought it. Then two guys came in, they looked at guns, went outside (but within view of the dealer) guy #1 gave him cash, and guy#2 bought the gun. Then two other guys came in, guy#1 handed a stack of bills to guy#2 and guy#2 bought the gun. Each time the FFL didn't even question what was going on or verbally ask them if it was a straw purchase. IIRC FFL got probation and a 25k fine in the plea bargain. He was LE too so he lost his job as well. Link to comment Share on other sites More sharing options...
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