Quote:
Scenario:
Buyer and wife life in town X in Wyoming. Buyer is out of town. Seller lives in town Y, also in Wyoming. Buyer, wife, and seller all legal to own, purchase, etc.
Buyer wants to buy gun from Seller. Seller offers to deliver gun to buyer's home to buyers wife, on behalf of buyer.
1) Straw purchase? Or is a straw purchase only through an FFL?
See answer A.
2) Better for buyer to send funds through the mail to Seller, or to have wife pay Seller directly.
It makes no difference except I advise sending only a certified USPS money order.
3) Or better to have seller to sell to wife, and then wife can sell/gift to Buyer? It makes no difference. see answer A. Paragraph 3 in bold type. Also see answer B. (B1) & (B2)
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The OP asked some specific questions. These are specific answers. Source: Federal Firearms Regulations reference guide. ATF Pub. 5300.4
A. Questions have arisen concerning the lawfulness of firearms purchases from
licensees by persons who use a "straw purchaser" (another person) to acquire
the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances,
a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is
within one of the other prohibited categories of persons who may not lawfully
acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring
the firearm. In both instances, the straw purchaser
violates Federal law by making false statements on Form 4473 to the
licensee with respect to the identity of the actual purchaser of the firearm, as
well as the actual purchaser's residence address and date of birth. The actual
purchaser who utilized the straw purchaser to acquire a firearm has unlawfully
aided and abetted or caused the making of the false statements. The
licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms from the licensee.
An example of an illegal straw purchase is as follows: Mr. Smith asks Mr.
Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the
money for the firearm. If Mr. Jones fills out Form 4473, he violates the law byfalsely stating that he is the actual buyer of the firearm. Mr. Smith also violates the law because he has unlawfully aided and abetted or caused the making of false statements on the form.
Where a person purchases a firearm with the intent of making a gift of the
firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above example, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473. The use of gift certificates would also not fall within the category of straw purchases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealer's records.
The following pertains to is what is commonly known as a face to face transfer between two private parties and without an FFL.
B. UNLICENSED PERSONS
(B1) To whom may an unlicensed person transfer firearms under the
GCA?
A person may sell a firearm to an unlicensed resident of his State, if he
does not know or have reasonable cause to believe the person is prohibited
from receiving or possessing firearms under Federal law. A person
may loan or rent a firearm to a resident of any State for temporary use
for lawful sporting purposes, if he does not know or have reasonable
cause to believe the person is prohibited from receiving or possessing
firearms under Federal law. A person may sell or transfer a firearm to a
licensee in any State. However, a firearm other than a curio or relic may
not be transferred interstate to a licensed collector.
[18 U.S.C 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
(B2) From whom may an unlicensed person acquire a firearm
under the GCA?
A person may only acquire a firearm within the person’s own State,
except that he or she may purchase
or otherwise acquire a rifle or shotgun, in person, at a licensee's premises
in any State, provided the sale complies with State laws applicable in
by law or by official departmental policy. An officer subject to a disabling
restraining order would violate the law if the officer received or possessed
a firearm or ammunition for other than official use. (See Question
Q13 on officers’ receipt and possession of firearms and ammunition after
a conviction of a misdemeanor crime of domestic violence. The government
exception does not apply to such convictions.)
[18 U.S.C. 921(a)(32), 922(g)(8) and 925(a)(1)]