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Originally Posted by Aguila Blanca
...I can send my wife/mother/girlfriend/brother over to make the buy for me, using my money. As soon as my wife/mother/girlfriend/brother gets home with the firearm, he/she hands it to me. No 4473, no making of false statements under oath. The original purchase was illegal (I think) because my wife/mother/girlfriend/brother used MY money to make the buy, even though he/she isn't a prohibited person. Subsequently transferring the firearm to me is certainly illegal. Are you all SERIOUSLY saying this isn't a straw purchase?...
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It is not a straw purchase as BATF has defined a straw purchase for the public in material published by BATF for public information.
The original purchase might be a violation of 18 USC 922(h) if case law and/or the circumstances would support a finding that the wife/mother/girlfriend/brother was in the employ of the prohibited person for the purposes of acquiring the gun. If not, it's not clear that the original purchase would otherwise violate federal law, at least if everyone is a resident of the same State. In general, the GCA/Brady Bill does not regulate transactions between residents of the same State. If you think it does otherwise violate federal law, please specify the statute violated (don't just call it a straw purchase).
The transfer to the prohibited person would be a violation of federal law, specifically a violation of 18 USC 922(d) and possibly also conspiracy to violate 18 USC 922(g).
It may also violate state law, depending on the State. It doesn't have to be a straw purchase to be illegal.
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Originally Posted by Aguila Blanca
...And then we might have the exact same scenario as directly above, except that I am NOT a prohibited person. Maybe I'm ill, or busy, so I send my wife/mother/girlfriend/brother over with MY money to make the buy for me. Private seller, no 4473 involved. He/she isn't prohibited, I am not prohibited, but he/she used MY money to buy the firearm for me -- not as a gift to me, but acting in my stead using my money. I respectfully submit that if you call your local BATFE field office and ask, they'll tell you this is a straw purchase...
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Whatever some clerk at a BATF office might say on the telephone, the transaction would not be a straw purchase as BATF has defined a straw purchase for the public in material published by BATF for public information.
And do you contend that the described transaction would violate federal law? If so, exactly what provision of federal law has been violated (don't just call it a straw purchase)?