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The Range
Law & Order
Gun Used to Kill Officer Gained by Straw Purchase
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<blockquote data-quote="Rod Snell" data-source="post: 2768140" data-attributes="member: 796"><p>There are some exceptions, as stated in an earlier post.</p><p>1. If the person who is actually the final possessor of the gun fills out the 4473, it is legal for another person to pay the store for the gun. Obviously, if the final possession is a lie, then it is an illegal straw purchase. </p><p>2. If I buy the gun and present it as a bona fide gift to another person (not a sale or trade), then I am buying the gun for my use as a gift, and it is not a straw purchase. An example is wrapping it up and putting it under the Christmas tree as my gift to them.</p><p></p><p></p><p>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. </p><p></p><p>As an aside, I find these rules to be not unlike the military rules on buying from the BX and Commissary. I can buy items and give them as bone fide gifts, but buying 20 pairs of hosiery and selling or bartering them downtown is black marketing. Don't really have to be a rocket scientist to recognize when somebody is playing fast and loose and rationalizing they're "not really breaking the law."</p><p>Listening to the people who buy guns and parts and assemble them for sale "but aren't engaging in business" sounds much like the rationalizing I heard as a military magistrate.</p><p>For me, I'll stick to the letter of the law, whether I agree with it or not, being a libertarian, not a revolutionary.</p><p></p><p>IANAL</p></blockquote><p></p>
[QUOTE="Rod Snell, post: 2768140, member: 796"] There are some exceptions, as stated in an earlier post. 1. If the person who is actually the final possessor of the gun fills out the 4473, it is legal for another person to pay the store for the gun. Obviously, if the final possession is a lie, then it is an illegal straw purchase. 2. If I buy the gun and present it as a bona fide gift to another person (not a sale or trade), then I am buying the gun for my use as a gift, and it is not a straw purchase. An example is wrapping it up and putting it under the Christmas tree as my gift to them. 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. As an aside, I find these rules to be not unlike the military rules on buying from the BX and Commissary. I can buy items and give them as bone fide gifts, but buying 20 pairs of hosiery and selling or bartering them downtown is black marketing. Don't really have to be a rocket scientist to recognize when somebody is playing fast and loose and rationalizing they're "not really breaking the law." Listening to the people who buy guns and parts and assemble them for sale "but aren't engaging in business" sounds much like the rationalizing I heard as a military magistrate. For me, I'll stick to the letter of the law, whether I agree with it or not, being a libertarian, not a revolutionary. IANAL [/QUOTE]
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