Illegal Interstate Transfer of a Handgun. Will anyone actually do anything?

[henschman]

Not to be a jerk (well maybe), but when I read this it makes me think of those who scream "we just new to enforce the gun laws we already have". Unless the son is giving dad a gun to so dad can murder somebody why is it illegal to give him the stinkin gun? For that matter, why is it anybody's business? Again, unless somebody's life is in danger leave it alone. Conditioned minds. There I said it!

x2. If you think there is a threat to someone's life, you might report THAT to the local Sheriff or PD -- but I'd leave the gun situation alone. As was already said, I wouldn't call the ATF on my worst enemy.

 

[SMS]

Hate to disagree and get off topic, but that is not what a straw purchase is.
It is perfectly legal for me to purchase a firearm for my dad, mom, friend, etc as long as I have no knowledge that they are a prohibited person and I am doing it to circumvent the 4473.
A Straw Purchase comes into play when the purchaser has reason to believe that the person that they are buying the firearm for cannot legal purchase the firearm themselves.

Dave

Sorry Dave, but you are incorrect. A Straw Purchase is not strictly defined by one of the parties being a prohibited person, it is defined by who the actual purchaser is.

You can purchase a firearm for someone as a gift but you can not purchase it for them on their behalf (they give you money to buy the gun for them) regardless of whether or not they may be a prohibited person...that IS a straw purchase according to the BATFE. In many cases the actual buyer is a prohibited person, but not exclusively so.

So if dad tells son to buy a gun for him and bring it to him then it could very easily be considered a straw purchase by the BATFE (and in this case, throw in transferring across state lines), but I would imagine they would have to prove some money changed hands.

 

[uncle money bags]

Actually it is an illegal transfer. The only person who can accomplish this is an FFL. An FFL has to be involved on the recipient's end and paperwork has to be filled out. A non-FFL can send a handgun to and out of state FFL. The FFL has to log it into his book as received and then log it out of his book and have the 4473 paperwork to show where it went.

Giving a handgun to someone in the SAME state is not an issue. That changes when you cross state lines.

Dave

You didnt read post # 33 or the attached PDF did you?

 

[ratski]

Not to be a jerk (well maybe), but when I read this it makes me think of those who scream "we just new to enforce the gun laws we already have". Unless the son is giving dad a gun to so dad can murder somebody why is it illegal to give him the stinkin gun? For that matter, why is it anybody's business? Again, unless somebody's life is in danger leave it alone. Conditioned minds. There I said it!

I would refer you to line 7 of the original post.

In addition, I know that the intended recipient of the transaction has stated on more than one occasion that he could get away with killing a certain LEO because he would claim the LEO threatened him.

I know of at least two if not three people that this guy has threatened.

Dave

 

[reddog1]

I would refer you to line 7 of the original post.

In addition, I know that the intended recipient of the transaction has stated on more than one occasion that he could get away with killing a certain LEO because he would claim the LEO threatened him.

I know of at least two if not three people that this guy has threatened.

Dave

And you have not reported this behavior because.......????

You wanted our opinions first?

 

[uncle money bags]

I would refer you to line 7 of the original post.

In addition, I know that the intended recipient of the transaction has stated on more than one occasion that he could get away with killing a certain LEO because he would claim the LEO threatened him.

I know of at least two if not three people that this guy has threatened.

Dave

That right there is enough to warrant you doing something irregardless of the firearm transfer issue. what have you done up to this point?

Yeah, Dog beat me to it.

 

[cktad]

A serious threat should be reported. However, odds are if you report something to the BATF they will also look at you to see if you are violating any laws. Most people who report others usually have their own dirty laundry.

 

[mugsy]

Hate to disagree and get off topic, but that is not what a straw purchase is.
It is perfectly legal for me to purchase a firearm for my dad, mom, friend, etc as long as I have no knowledge that they are a prohibited person and I am doing it to circumvent the 4473.
A Straw Purchase comes into play when the purchaser has reason to believe that the person that they are buying the firearm for cannot legal purchase the firearm themselves.

Dave

Dave,

I think that the instructions for Form 4473, Question 11a, as mentioned earlier (and pasted in here) have a couple of clear examples that indicate that, while what you described is a straw purchase, so is merely being given the money by another to buy a gun for someone else, regardless of that person's ability to buy one for himself legally. Read:

View attachment 34463

I suspect the answer to your question ultimately is "what is the interest level of the US attorney in the area where any such offense might be committed?".

 

[Johnny]

Sooooooo... Has anyone mailed a link of this thread to the ATF?

Anyone, Anyone, Bueller, Bueller.....

Cmon people show of hands.

 

[ratski]

And you have not reported this behavior because.......????

You wanted our opinions first?

Because at this point it is strictly hearsay.
There isn't a LEO around that will/would/or could do anything to this guy if I call up and say "I heard that he threatened to kill someone."

Now, if he commits the act of receiving an handgun across state lines illegally and we add the threats to it, THEN they might be able to do something.

Dave