Quote:
|
Originally Posted by jimpeel
If I buy it and give it to her at the counter, which is not my preferred method of delivery to her; would that be a straw purchase?
|
Yes. You bought the firearm and immediately gave it to another. You lied on question #1 of the 4473, committing a felony.
Quote:
|
If she fills out the forms, and wheels through the hoops, and I pay the bill; would that be a straw purchase?
|
Yes. She did not purchase the forearm, you did.
Quote:
|
If I give her the money at the counter, and she purchases it; would that be a straw purchase?
|
Yes. For the same reason immediately above.
Normally, the dealer (an FFL) will refuse the sale in any of the three conditions above. Add to this, that there is a form that the dealer will fill out and fax immediately to the ATF on any suspected straw purchases.
Quote:
|
Originally Posted by rsgraebert
It is my understanding (as a NON lawyer, of course) that a "straw purchase" is only applicable if there is some underlying reason that the individual receiving the firearm somehow cannot obtain the firearm on their own.
|
The law makes no such distinction. In 1995, the ATF changed its rules as to what is considered a straw purchase.
To quote the information at th
NSSF website: A straw purchase is when a buyer uses an intermediary (the "straw man") to purchase a firearm(s) from a licensed firearms dealer. The purpose is to hide the true identity of the actual purchaser of the firearm(s). Straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can be charged with lying on Federal Form 4473) and the actual possessor.
The ATF has a cartoon dealing with this subject:
http://www.atf.gov/firearms/ffrrg/theater/toon4.html
The simplest and easiest thing to do is to go buy the gun, take it home, put a ribbon on it and then gift the firearm to her.