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Old November 25, 2008, 02:20 PM   #5
the_pragmaticist
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Join Date: April 29, 2008
Posts: 201
Antipitas,

At what point can an individual resell or gift a firearm then? I see folks selling guns face-to-face all the time, which they may or may not have purchased for that purpose alone. To enumerate my confusion:

1. Am I allowed to purchase a firearm for the sole purpose of reselling it to a private party, face-to-face?

2. If so, at what point is the sale no longer a straw sale? What criteria must be met?

3. If (as the above poster is asking) I wish to give a firearm to someone I know, what defines the straw purchase? Putting a bow on it won't change the court's mind - there has to be a clearer definition.


Based on the NSSF quote you provided, it looks to me like it would be the burden of the prosecutor to demonstrate that the final recipient had intent to hide their identity or otherwise circumvent the system. We all hear the stories of the BATFE going above and beyond the call of duty to make people's lives miserable, but it doesn't sound like the intent could be demonstrated based on the OP's circumstance regardless of where and how the purchase was made and ownership was transferred.
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