If the cop was a NH State Trooper, and sold privately directly to a MA resident, then that's a Straw Purchase as well. Because they didn't go through a FFL.
That would not be prosecuted as a "straw purchase" however, it would
be under whatever part of the GCA that prohibits sales across state lines
by non licensees. A completely different law. (edit: I suppose they could
try to get them on BOTH charges, but the interstate thing would be far
more likely to "stick". )
A straw purchase is (usually) when someone buys a gun from an FFL for
someone else that can't legally buy it, because the end recipient of the
firearm is a prohibited person.
It can also be any other "direct" third party acquisition of a
firearm from an FFL. EG, joe and jack are not prohibited persons, but
jack pays joe $500 to get him a glock from the local store, and joe gives
the gun to jack. That's still a straw.
The more degrees of separation, however, the harder it gets
to prove a straw. If joe buys that glock with his own money, and
then decides to sell it to jack a month later, in another, wholly separate,
transaction, then it gets a LOT more difficult for someone to say that
it was indeed a "straw purchase." (Then it becomes an issue of
"intent" which gets murky, at best. )
A good case to look at about these 2nd type of straw purchases is
the Michael Lara case. The ATF put him through hell for an indirect
transfer. This case will give you an idea of the extremes the ATF
will go to... but it also gives you an idea of what constitutes a huge
red flag. In this case, the lady that ended up with the gun, had a copy
of Lara's 4473 with his name on it, with the gun! So the ATF instantly
thought "This guy strawed her this gun!". I believe he was acquitted,
but it is important to realize the mistakes both of them made so none of
us end up in the same type of scenario. (Despite his acquittal, I believe
his LE career was essentially ruined and had to pay all kinds of money).
Link to Lara's ATF oversight testimony about his case:
http://judiciary.house.gov/OversightTestimony.aspx?ID=582
-Mike
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