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Old October 16, 2010, 01:47 PM   #35
brickeyee
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Join Date: December 29, 2004
Posts: 3,351
Other examples of 'strq purchases' are NOT germaine.

The BAYFE has defined the 'straw purchase' of a firearm as lying on the 4473 to question 1.

While in a more general sense bying a gun for someone else might be called a 'straw purchase,' that is not what BATFE is calling it.

They have defined it as lying on the 4473 to question 1.

While the law uses the 'normal meaning' of words, that is ONLY if the law has NOT defined a different meaning.

The National Firearms Act ("NFA") of '34 uses the language of 'firearms' repeatedly.
It is DEFINED in the act as meaning a machine gun.
For purposes of the NFA, a machine gun IS a firearm (and non-machine guns are NOT firearms).

Other pieces of law have other definitions of their terms.

Under GCA68 muzzle loading guns are also NOT 'firearms' and not subject to the GCA68 rules.


Buying for a prohibited person is a violation of GCA68 period.

Lying on the 4473 is illegal, and BATFE has defined a 'straw purchase' based on lying to question 1.

As far as BATFE, no 4473 means a 'straw purchase' cannot occur.
No one lied about who the 'actual buyer' was (under penalty of perjury no less).


There remain other illegal acts, like selling to a person you have reason to believe is prohibited, or selling to a resident of another state.

If you sell it to Billy and he then gives (sells, lends, etc.) it to Frank the felon , Billy is the one who made an illegal transfer.

Billy never signed anything saying he was the purchaser.
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