That's not the way I read the law as written.
To what statute are you referring?
Hint, it's probably in 18 U.S.C.
That's not the way I read the law as written.
To what statute are you referring?
Hint, it's probably in 18 U.S.C.
I guess I have to admit to being caught in another poor choice of words. This may not be the actual statute but refer to my post #15 in this thread.
Quote doesn't say what you think it says.
The point is that if you buy it in an effort to conceal the "actual purchaser," that act could be criminal, whether or not he could have bought it himself.
If buying a firearm as a gift (and with the intent to gift it) is not a criminal act, then the state surely would have a rough time proving that your proposed facts are/were a crime.
The problem with discussing this is that a lot depends on mental state, which the state will have to prove to get a conviction. It's not like our society convicts people of felonies without a culpable state of mind.
Keep in mind that a straw purchase is a purchase in which the actual purchaser uses someone else — a.k.a. the “straw person” — to purchase the firearm and complete the paperwork. Generally, the straw purchaser is used because the actual purchaser is not eligible to conduct a transaction because he or she is a felon or other prohibited person. However, a straw purchase occurs even when the actual purchaser is not a prohibited person. The crime committed is knowingly making a false statement on the Form 4473 indicating that the straw purchaser is the actual purchaser, when this is not the case. Additionally make sure you familiarize yourself and anyone who purchases a firearm as a gift with the rules associated with the ATF I 5300.2 pamphlet.
he is buying to potentially sell to his freind. Quite a different story than the one you are postulating. If I know a collecter of Colts and I pick a rare one up at a gun show to potentially sell to him that is not a straw purchase. I am buying it for myself.
You may or may not be right about any agreement... but you cannot read it into the story from the OP. It is not there.
I disagree. If you purchase it intending to sell it, you are committing a straw purchase, and potentially conducting a transaction that could be construed as a business move, purchasing a firearm with intent to sell it for a profit. It sounds more like you are trying to carefully word it to suggest otherwise, which to me comes off as an attempt to justify it.
Im surprised the novel idea of covering ones butt hasnt come up. Why not just transfer it at the local FFL? To me that completely eliminates the possibility of the "dont lie for the other guy" scenario.
This may be a stupid question but it's not the first one I've asked and I'm sure it won't be the last.
Is it still legally considered a "straw purchase" if the person I intend to give the gun to is a "proper person"?
I ask because a friend of mine is interested in getting a handgun and won't be able to attend the 1500. If I find something that would work for him and buy it, then sell it to him the next day for the same price, am I breaking the law?
I know private sales are perfectly legal in Indiana but I've never seen any specific time set for how long you had to own it before you could sell it.
This may be a stupid question but it's not the <sn> a friend of mine is interested in getting a handgun and won't be able to attend the 1500. If I find something that would work for him and buy it, then sell it to him the next day for the same price, am I breaking the law? <sn>