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Originally Posted by sixgun67
Aguila, I have no real knowledge here, so I'll ask this question. Isn't it stated in the laws that a seller, FFL or private, must HAVE KNOWLEDGE that it is a straw purchase, in order for their actions to be illegal?
Otherwise, in this example, this seller is satisfied with proof, that the buyer is a legal person. Dealer/seller is totally legal. Is that not correct? I would interpret this as once the gun transfers from legal seller to legal buyer, seller is covered, and buyer's actions afterwards, are purely their own. The intent of the party/parties is important here.
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You are correct, insofar as the seller's culpability. That's exactly why I threw in the bit about the seller verifying the buyer's status. Remember, this is an example of a face-to-face purchase without an FFL or a Form 4473. The fact that the
seller has no reason to believe that the buyer is a prohibited person (and, in fact, she is not) does not mean that the transaction is not a straw purchase. It
only means that the seller
should not be held liable or culpable.
The fact that the legal girlfriend buys the firearm
for the prohibited person boyfriend makes it a straw purchase, irrespective of whether or not the seller was a willing and knowing participant in the
overall transaction.
Even if there was no 4473 for her to lie on.