C&R to C&R sale legality

[joab]

There is no 4473 form with a C&R or FFL purchase.

Side conversation
Whether or not we have to fill one out or not as C&R licensees. unless we have nothing in our collection but relics , gifts and private purchases, we have all filled one out

And regardless of whether you have filled on out or not straw purchases are fully explained in non double speak third grade English on the back of one

The purpose of the law is not to keep a friend from doing some shopping for the priest.

I take it you have not bothered to actually read the passage I keep referencing, on the back of the form 4473.
It is fully explained there
If you can read it and logically draw any other conclusion please share I will gladly change my opinion

 

[Tim Burke]

My understanding matches joab's. For those that suggest that his interpretation doesn't make sense, there are 3 possible answers.

1. It's Federal law; no one says it has to make sense.
2. Perhaps the government wants to be able to find the original purchaser using the 4473.
3. Perhaps the government wants to take away the straw purchaser's ability to claim "I didn't know he was a prohibited person."

Part of the reason for the confusion may be explained by this, taken from the Google cache of this link.:

In 1980, the BATF published written guidelines for firearms dealers, detailing the meaning of "Straw Man Transaction." The BATF explained that it was all right for one person to purchase a gun on behalf of a second person, "as long as the ultimate recipient is not prohibited from receiving or possessing a firearm." In 1984 and 1988, BATF published similar guidelines.
In 1995, BATF changed the guidance, and instructed dealers that a straw purchase also includes sales in which both the initial buyer and the ultimate recipient could legally purchase and possess firearms.

I had to use the cached version because I couldn't connect to Dave Kopel's site.

 

[Rufus Pisanus]

I must admit that I don't see the problem. Let's look at it in the following way:

1. I buy three C&R rifles and I record them on my bound book when they arrive. This is clearly ok.

2. I sell two of them to other C&R holder who record them on their bound books. This must be ok. Nowhere I have seen a minimum time between buying and selling. Just to make sure I'll sell the two in worse shape ...
Note also that the two guns have a traceable record. This wouldn't be true for a straw purchase (regardless of whether the ultimate recipient is legal or not).

3. I make sure that I don't make money out of it. That's the easy part.

Now admittedly I am not a lawyer ...

P.S. when an FFL01 buys firearms he does so with the intent of selling them...one way of doing it legally
is by filling the 4473 and doing a NICS check. Another for C&R eligible firearms is to just sell it to a C&R FFL03
holder doing the proper reporting on the bound book. I don't think that the case we are discussing is different modulo the fact that the FFL03 cannot make money out of if