So given the ruling, it is illegal to purchase a gun for someone else period. Correct?
In some cases where the straw purchaser has been observed by undercover BATFE immediately after the purchase transferring the gun, sometimes in the store parking lot, intent has been considered proven beyond a reasonable doubt. The AZ cop who signed the 4473 as his gun to get the leo discount and then his girlfriend immediately gave him her money and took the gun at the store is one example of a conviction."Intent". Can't be proven
Buzzgun, you are correct. I was unaware of the ruling this past Monday. So given the ruling, it is illegal to purchase a gun for someone else period. Correct? Then buying a gun with intent to sell is the same as purchasing a gun for someone else. They just haven't given you the money yet. Semantics, but intent is still the key.
NO! Buying a gun for another person is legal if that gun is a gift, what is NOT legal, is buying that gun on their behalf. In other words you are buying it at their request.
Buying the gun to resell at a later date is NOT the same as purchasing on someone's behalf, PERIOD, no semantics involved.
It is perfectly legal to buy a firearm as an investment and resell it at a later date. If you intend to do so on a "regular basis", then you need an FFL. If I stumble across a Purdy shotgun at an estate sale at a dirt cheap price, it is perfectly legal for me to buy it with the intention to resell.
As far as the statutes, it is a federal violation to lie on the 4473. If you intend to sell it to another, you are not the buyer.
Again, WRONG! If you use your money to buy it, even if you KNOW you will resell it someday, you are not lying on the 4473. For instance, let's say I get invited to go elk hunting and the only rifle I have is a 243, so, I go buy a 300 win mag, with full intent to sell it after the hunt. There is nothing illegal about the purchase. On the other hand, if a buddy says pick up a couple of lowers for me at the next gunshow and I'll pay you back, the purchase would be illegal because you are buying on his behalf.
Would it have made any difference if she had purchased the gun a week ago with her own money and handed it over to him for cash? What is the established time frame that must be met in order for it to not be a straw purchase?
If she had bought the gun with her own money and given it to him, she would still be guilty of a felony because he was not a resident of her state. If she had bought the gun on his behalf, it would have been a straw purchase regardless of whether the time between the purchase and the transfer to him was minutes or months. As far as I know, there is no time element in a straw purchase.
I'll let this go. It can be fought over for centuries with no clear answers due to interpretation. My interpretation doesn't matter, only the BATFEs and the courts.
The statutes are pretty clear, it is your understanding of them that is flawed.
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