Case of straw purchase even though there was an FFL involved?

False. You CAN buy a gun you intend to give as a gift. The ATF has been very clear on this point. I mean VERY clear, especially for them. You also CAN buy a gun you intend to try and flip for a profit.

The ONLY thing you CAN NOT do is buy a gun with a specific BUYER lined up. It doesn't matter if it's your buddy Joe LEO, who you KNOW isn't a PP. If Joe said, "Oh you're going to go get gun X? Cool here's the money get me one too." or "Get me one and I'll pay you back." etc... That would be a straw purchase.

As long as you are giving it as a gift, or buying it as an investment with no prearranged buyer, it is perfectly legal.

FTR, I have filed well north of 1K 4473s in the few yrs I sold guns for a living, including hundreds of gift guns for dad, son, whatever, and have been involved in straw purchase investigations.

I've often wondered about this because I have a friend who said she went to the gun store and plopped down the credit card and said to them "Have my husband come in and choose whatever gun he wants".....and I was like damn, that's cool, I wish my wife would do th......err wait, isn't that a straw purchase?? happened many years ago, I just kept my mouth shut about it.
 
I've often wondered about this because I have a friend who said she went to the gun store and plopped down the credit card and said to them "Have my husband come in and choose whatever gun he wants".....and I was like damn, that's cool, I wish my wife would do th...err wait, isn't that a straw purchase?? happened many years ago, I just kept my mouth shut ab out it.
Who would GAS? You're not a PP. Jack.
 
I've often wondered about this because I have a friend who said she went to the gun store and plopped down the credit card and said to them "Have my husband come in and choose whatever gun he wants".....and I was like damn, that's cool, I wish my wife would do th......err wait, isn't that a straw purchase?? happened many years ago, I just kept my mouth shut about it.

That's not a "prearranged buyer" thats someone buying a gift for someone else. Easily argued as- Gift, exempt, not a straw, absent any other indicators.

Now if she comes prancing up to the counter and says she's going to have her husband come in and buy the gun with her money because she doesn't want her name on it" or anything
hinky like that, that goes full retard into the wheelhouse of what a straw actually is.
 
Who would GAS? You're not a PP. Jack.

Jack, you probably already know this, but you don't need a PP to make a straw purchase indictment. Michael Lara, Abramski, and probably a whole bunch of other cases have shown
the feds will move to indict based on the flimsiest of shit. Of course one of the huge takeaways from even both of those cases was how the accused basically screwed themselves by literally documenting the straw-like action. In Lara's case there was a 4473 copy with the gun with his info on it, found in his friends house (for starters, other than an FFL, who keeps a 4473 copy anywhere in their records?) in Abramski, it was literally a check that said "Glock 19" on the memo field. Absent those two pieces of paper neither one of those cases would have "left the
airport" because there was otherwise no glue to hold the indictments together.

This is another reason I tell people to never store things like FA-10s purchase receipts, or anything like that with or near their guns. Keep records, but store them offsite, secure or lock them up from prying eyes, etc. Your personal (I say personal, because procedures for an FFL are likely different!) gun records are nobody eleses business except you and your attorneys. People should make someone work to obtain them or only release them with their consent. Gun records randomly falling out of the air into the hands of authorities do not help anyone.

FWIW Lara did get acquitted based on what I would think was a "Reasonable Person" defense seen by the jury. EG, the law is so f***ing retarded that the jurors realized that any one of them
could have accidentally done what he did. It still basically ruined the poor guys life, though. Cost him 6 figures plus lost him career opportunities as a LEO by holding back his career advancement by probably a decade.

With Abramski the supreme court got it and f***ed it up. I would have thought that Abramski would have never made it as far as it did. Unsure if they went bench trial or jury (or how that works with the feds, etc. )
 
I've often wondered about this because I have a friend who said she went to the gun store and plopped down the credit card and said to them "Have my husband come in and choose whatever gun he wants".....and I was like damn, that's cool, I wish my wife would do th......err wait, isn't that a straw purchase?? happened many years ago, I just kept my mouth shut about it.

Your example is an explicit gift, so that's fine.

But even if it wasn't, it still would be OK because she didn't fill out a 4473 and take possession of a gun.

For instance: Say Rita saw on a website that Jo-Anne Guns had the exact CZ she wanted, but couldn't make it down to the shop. I believe it would be perfectly legal for Rita to hand her friend Janet a whack of cash, and for Janet to go to Jo-Anne Guns and pay for the gun, *IF*, and only if, Jo-Anne held onto it until Rita could get there and do the 4473.

Without a 4473, there is no transfer, or attempt to transfer, and nobody has certified that she is the actual buyer.

Another example: Say Jo-Anne is having a sale on gift certificates: There's nothing that says anyone can't buy one for anyone else, even if the money came from the someone else.
 
Another example: Say Jo-Anne is having a sale on gift certificates: There's nothing that says anyone can't buy one for anyone else, even if the money came from the someone else.
Hey, lets not give Biden* any NEW ideas for gun confiscation!
 
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