Getting delayed at gun shows.....

Status
Not open for further replies.
azrocks said:
I'm not a lawyer, but in my understanding, it isn't a straw purchase if you're not prohibited from possessing a firearm.
That is incorrect. A straw purchase is any time a person buys a gun on behalf of someone else, it's irrelevant whether or not the parties involved can possess firearms or not.

If you give your friend money to go buy you a firearm, that's a felony straw purchase. See the Supreme Court case "US v. Abramski".
 
That is incorrect. A straw purchase is any time a person buys a gun on behalf of someone else, it's irrelevant whether or not the parties involved can possess firearms or not.

If you give your friend money to go buy you a firearm, that's a felony straw purchase. See the Supreme Court case "US v. Abramski".


Not entirely correct. I can buy a gun for a non-prohibited person as a gift.
 
Yep, even if the intent is to do a second person to person transfer on a form 4473 (no attempt to avoid a check) it is still a straw purchase. That case involved a guy trying to let his friend get is law enforcement discount.

Mike
 

That's good info to know, and I appreciate it!

Interesting to see that buying a gun with the express intent to gift it to someone else is not considered a straw purchase, but doing so with their knowledge or at their request is not. Yet another example of gun-specific legislation that effectively doesn't make a lick of sense.

Guess the moral of the story is to choose an intuitive spouse who can anticipate your firearm needs without asking :rofl:
 
NOT LEGAL ADVICE:

I don't know how the Supreme Court would rule, but making a wish list known to your spouse is a little different than saying "Buy me an X and I will reimburse you for it." It's not customary to pay for gifts.
 
dranrab said:
Theohazard said:
That is incorrect. A straw purchase is any time a person buys a gun on behalf of someone else, it's irrelevant whether or not the parties involved can possess firearms or not.

If you give your friend money to go buy you a firearm, that's a felony straw purchase. See the Supreme Court case "US v. Abramski".

Not entirely correct. I can buy a gun for a non-prohibited person as a gift.
Yes, my post was entirely correct. I didn't mention gifts at all, which is a different thing.
 
dranrab said:
My point was to clear up that gift giving is allowed by law.
That's fine, but you wrote that my post wasn't entirely correct. However, everything in my post was correct and I cited the relevant SCOTUS case for reference.
 
Absurd. The idea that I can be told what I can and cannot buy for the people close to me. These regs should have clauses attatched to them stating: Unless.... (a) The gun is for your spouse (b) The gun is for a relative of blood or marriage (c) etc....... And so on. I mean it seems so cut and dry. Just a stupid reg
whose only purpose is to cut a clear path to get you in hot water if you somehow wound up on the wrong side of things with a firearm you purchased for someone else......
 
I use the wife option all the time. Not a straw purchase, just make sure she uses a credit card with her name on it. As in the previous post she must answer YES to first question!!!! As far as a UPIN goes the processing time is well over a year right now. Using the CCW as an alternative is not an option in VT see attached list for states that honor their CCW in lieu of calling in 4473. https://www.atf.gov/rules-and-regulations/permanent-brady-permit-chart
 
I have a C&R license, I only buy old guns and most of those are from a few FFLs that all know what a C&R is. Never have to wait, even with pistols. On the few occasions I buy a modern weapon, I get delayed EVERY TIME!! That's why I seldom but a newer gun.
 
Absurd. The idea that I can be told what I can and cannot buy for the people close to me. These regs should have clauses attatched to them stating: Unless.... (a) The gun is for your spouse (b) The gun is for a relative of blood or marriage (c) etc....... And so on. I mean it seems so cut and dry. Just a stupid reg
whose only purpose is to cut a clear path to get you in hot water if you somehow wound up on the wrong side of things with a firearm you purchased for someone else......
Amen. and that is why I quit the NRA they were for this boondoogle which created another legal swamp to bog down in. I would not tell any body to have another in any situation to purchase a gun for them. to confusing and you do not want it explained to you by a judge
 
Edster12 said:
I use the wife option all the time. Not a straw purchase, just make sure she uses a credit card with her name on it.
No, that could still be a straw purchase depending on the circumstances. Being married to each other doesn't automatically give you an exemption from straw purchase laws.
 
Absurd. The idea that I can be told what I can and cannot buy for the people close to me.......

It doesn't matter whether you think it's absurd. Bruce Abramski was convicted of a serious federal crime for buying a gun on behalf of his uncle (by prior arrangement and with the uncle providing the funding).

No one really knows how it would work between spouses because the issue has not, as far as I know, come up in court. Without an applicable, supporting court ruling it's a crapshoot and thus probably a lousy strategy.

That leaves the OP with the option of getting a UPIN.

Since no one has been able to come up with anything better for the OP then getting a UPIN (or possibly violating federal law) it looks like there's nothing left to discuss.

For a more complete discussion of straw purchase issues see here.
 
Status
Not open for further replies.
Back
Top