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Old October 16, 2010, 11:02 PM   #46
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 18,460
Quote:
Originally Posted by fiddletown
Quote:
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...
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)?
That's the problem. I can't find any law that prohibits it, but I know for a fact that any FFL who sees Person A looking at a gun with great interest, then Person B reaches into his pocket/her purse for a roll of cash and says "We'll take it" will end the transaction right there. The BATFE has certainly convinced the FFLs that it's illegal.

There have been multiple instances reported on various gun boards wherein husbands and wives have been tossed out of gun shops because the hubby, as the resident expert, did most of the tire kicking in picking out a gun for the wife, then when the wife wanted to buy it the FFL decided it was a straw purchase (there's that term again) and refused to deal with them.
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