Quote:
|
Originally Posted by Aguila Blanca
...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...
|
Isn't it enough that doing so is illegal (violation of 18 USC 922(d), conspiracy to violate 18 USC 922(g), violation of 18 USC 922(h))? Does it have to be called a straw purchase? Can you cite some authority for classifying that particular crime as a straw purchase?
It appears from the ATF's
Federal Firearms Regulations Reference Guide I cited earlier, the ATF considers only a violation of 18 USC(a)(6), and only with regard to the first question of the 4473, to be a straw purchase. Nonetheless, I suspect that ATF would still prosecute violations of 18 USC 922(d), conspiracies to violate 18 USC 922(g) or violations of 18 USC 922(h), even it ATF wouldn't call those crimes "straw purchases."