Did I witness a straw purchase?

V4Vendetta · December 18, 2006, 09:55 AM

I was at Dick's Sporting Goods recently to check their prices on 9mm ammunition*. While waiting for customer service, I saw a lady who was buying a shotgun for her husband. It was a Remington 870 12 gauge with 28" barrell**. She had never bought a gun before & had no idea which gun was the best one so I gave her my assurances that the 870 is a good gun. She then seemed relieved as the associate with her seemed to be just too eager to sell something. She got the gun & left.

My question is, is it legal to buy a gun as a gift for your spouse? I didn't ask her for her name so if ATF agents are reading this I have no idea where to find her so don't ask.

*It's $12 for 50 Winchester 115 grain JHP's. $9 for 50 Remington 115 grain FMJ rounds.

**I already checked & no, she doesn't have a sister

.

marlboroman84 · December 18, 2006, 10:31 AM

V,
Yea it's legal to buy for immediate family. I asked this awhile back because I wasn't sure either. I think the main thing with straw purchases would be if you KNEW someone couldn't get a gun legally and then you bought it for them anyway. That is where you'd have problems.

XLT · December 18, 2006, 10:41 AM

I believe it is legal to buy a gun as a gift for anybody who can legally own a firearm.

Where you might get into trouble is, at least outside of immediate family, do you really know anyone else that well? Could there be something you're not aware of that would make it illegal?

Clayfish · December 18, 2006, 10:53 AM

Quote:

*It's $12 for 50 Winchester 115 grain JHP's. $9 for 50 Remington 115 grain FMJ rounds.

Man! ammo prices are going up! It wasn't but a few months ago you could get 100 WWB boxes for $10. Makes me glad I reload. I can load up 50 .40s&w for just over $4.

Anyway, I wouldn't worry if you saw a straw purchase. More than likely it was a Christmas gift.

mikejonestkd · December 18, 2006, 10:55 AM

I am sure that others will chime in along similar thoughts on it but I believe that you can purchase a long arm for a family member as long as you are not aware that they are prohibited from owning a firearm. If you know that they can't legally purchase one on their own and you buy them one then you are in hot water....

FirstFreedom · December 18, 2006, 11:09 AM

I too witnessed a gal buying a gun for her hubby yesterday and also wondered the straw purchase thing. Seems to me like it's an ill-defined gray area. What, exactly, is "family" under that rule? 3rd cousins? And if someone is in fact prohibited from buying (say, under a domestic restraining order), but you don't know it, do you really think the feds are NOT going to harass you if they find out? I think they will look to charge you with straw purchase, and would claim that whether you KNEW about the DRO is irrelevant.

joab · December 18, 2006, 11:15 AM

Yes you can buy a gun as a gift for anyone using your own money.
It does not address the issue od whether the gun is going to a prohibitted person or family member
A straw purchase applies to where the money comes from not where the gun is going.

This is fully explained on the back of the federal document that you signed agreeing to the terms of purchase under penalty of law.

Eghad · December 18, 2006, 11:38 AM

If she purchased the firearm as a gift for her husband its legal. In fact you can buy a firearm for a gift for other pesons besides family.

Now if your friend says hey I want a rifle but im offshore and cant get it now here is the money will you get it for me..thats a straw man sale.

if you are purchasing the rifle with your funds as a gift for another person you are still considered the actual purchaser of the firearm.

gac009 · December 18, 2006, 11:38 AM

It is intent. Whomever "PAYS" for the firearm must fill out the paperwork. Someone cannot give you the money to buy the gun for them.

December 18, 2006, 09:55 AM	#1
V4Vendetta Senior Member Join Date: July 28, 2006 Location: NC, USA Posts: 605	Did I witness a straw purchase? I was at Dick's Sporting Goods recently to check their prices on 9mm ammunition. While waiting for customer service, I saw a lady who was buying a shotgun for her husband. It was a Remington 870 12 gauge with 28" barrell. She had never bought a gun before & had no idea which gun was the best one so I gave her my assurances that the 870 is a good gun. She then seemed relieved as the associate with her seemed to be just too eager to sell something. She got the gun & left. My question is, is it legal to buy a gun as a gift for your spouse? I didn't ask her for her name so if ATF agents are reading this I have no idea where to find her so don't ask. It's $12 for 50 Winchester 115 grain JHP's. $9 for 50 Remington 115 grain FMJ rounds. **I already checked & no, she doesn't have a sister . __________________ But I being poor, have only my dreams. Tread softly. Because you tread on my dreams. Within each one of us there is a inch of hope, of will, of integrity. We must never lose or give away that inch. For within it we are free.

December 18, 2006, 10:31 AM	#2
marlboroman84 Senior Member Join Date: March 20, 2006 Location: Memphis,TN Posts: 541	V, Yea it's legal to buy for immediate family. I asked this awhile back because I wasn't sure either. I think the main thing with straw purchases would be if you KNEW someone couldn't get a gun legally and then you bought it for them anyway. That is where you'd have problems. __________________ Ban Liberals, not guns! ΜΟΛΩΝ ΛΑΒE (mo-lone lah-veh)

December 18, 2006, 10:55 AM	#5
mikejonestkd Senior Member Join Date: January 3, 2006 Location: Brockport, NY Posts: 3,717	I am sure that others will chime in along similar thoughts on it but I believe that you can purchase a long arm for a family member as long as you are not aware that they are prohibited from owning a firearm. If you know that they can't legally purchase one on their own and you buy them one then you are in hot water.... __________________ You are the bows from which your children as living arrows are sent forth.

December 18, 2006, 11:15 AM	#7
joab Senior Member Join Date: November 17, 2002 Location: Orl Fla Posts: 3,254	Yes you can buy a gun as a gift for anyone using your own money. It does not address the issue od whether the gun is going to a prohibitted person or family member A straw purchase applies to where the money comes from not where the gun is going. This is fully explained on the back of the federal document that you signed agreeing to the terms of purchase under penalty of law. __________________ Joab the Bugman Founding member- Lords of Pomposity It's a Yankee Doodle thing

December 18, 2006, 11:38 AM	#8
Eghad Senior Member Join Date: May 28, 2005 Location: Texas Posts: 6,231	If she purchased the firearm as a gift for her husband its legal. In fact you can buy a firearm for a gift for other pesons besides family. Now if your friend says hey I want a rifle but im offshore and cant get it now here is the money will you get it for me..thats a straw man sale. if you are purchasing the rifle with your funds as a gift for another person you are still considered the actual purchaser of the firearm. __________________ Have a nice day at the range NRA Life Member

December 18, 2006, 10:41 AM	#3
XLT Senior Member Join Date: January 20, 2005 Location: El Paso, TX Posts: 207	I believe it is legal to buy a gun as a gift for anybody who can legally own a firearm. Where you might get into trouble is, at least outside of immediate family, do you really know anyone else that well? Could there be something you're not aware of that would make it illegal?

December 18, 2006, 11:09 AM	#6
FirstFreedom Junior member Join Date: May 31, 2004 Location: The Toll Road State, U.S.A. Posts: 12,451	I too witnessed a gal buying a gun for her hubby yesterday and also wondered the straw purchase thing. Seems to me like it's an ill-defined gray area. What, exactly, is "family" under that rule? 3rd cousins? And if someone is in fact prohibited from buying (say, under a domestic restraining order), but you don't know it, do you really think the feds are NOT going to harass you if they find out? I think they will look to charge you with straw purchase, and would claim that whether you KNEW about the DRO is irrelevant.

December 18, 2006, 11:38 AM	#9
gac009 Senior Member Join Date: January 19, 2006 Posts: 430	It is intent. Whomever "PAYS" for the firearm must fill out the paperwork. Someone cannot give you the money to buy the gun for them.