Is this legal?

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JadeOK

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I'm 19 years old and I've moved out so I'm looking to get a handgun. I know to buy from an FFL, you must be 21 and that I can only buy from a private seller without an FFL. I was wondering if there was any law that prohibited someone over 21 from buying from a dealer then selling to me. I feel like buying with the intention of selling is where it might get messy, maybe I just made this up. I was just wondering if there were any legal issues with that.
 

FrankNmac

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There are indeed legal issues with doing that. What you are describing is referred to as a "straw purchase."

PS Medical marijuana is mentioned in 21. e. for those who had a question about that.

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JadeOK

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There are indeed legal issues with doing that. What you are describing is referred to as a "straw purchase."

PS Medical marijuana is mentioned in 21. c for those who had a question about that.

View attachment 226197
perfect. i figured that it wasn't, but i couldnt find that exact question anywhere on the internet. thank you! and i will NOT be asking someone to do that then lol
 

JadeOK

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well i also have a
There are indeed legal issues with doing that. What you are describing is referred to as a "straw purchase."

PS Medical marijuana is mentioned in 21. e. for those who had a question about that.

View attachment 226197
well i also have another question then. my concern isn't the background check, just the age thing. i'm still willing to undergo a background check for the private sale. is that still considered a straw purchase?
 

rickm

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Firearms[edit]​

In the United States, a straw purchaser of a firearm at a federally licensed firearm dealership who lies about the identity of the ultimate possessor of the gun can be charged with making false statements on a federal Firearms Transaction Record. Note that in this case, purchasing the item for another person is ipso facto illegal, regardless of that person's status as a legal possessor. If a firearm is purchased as a gift, the transaction is not a straw purchase, and the person buying the gift is considered the end user. It is illegal for any person not in possession of a Federal Firearms License to purchase a firearm with the intention of resale. Private purchases in lawful sales made outside of federally regulated dealerships are not subject to such rules and are federally legal unless the gun is used in a crime with the prior knowledge of the straw purchaser.[2]

Got that from here Straw purchase - Wikipedia
 

dlbleak

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Jade, welcome. I’m glad you are looking at legalities concerning the purchase of a handgun. We (OSA) have a vested interest in staying above the law. You can purchase from an individual if you are under 21. The problem sometimes lays with the seller because most of us like to deal with a person over 21 when it comes to handguns. Whatever you do, DON’T get someone to buy it for you.
https://www.atf.gov/questions-and-a...8-and-21-years-age-acquire-handgun-unlicensed
 
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JadeOK

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Jade, welcome. I’m glad you are looking at legalities concerning the purchase of a handgun. We (OSA) have a vested interest in staying above the law. You can purchase from an individual if you are under 21. The problem sometimes lays with the seller because most of us like to deal with a person over 21 when it comes to handguns. Whatever you do, DON’T get someone to buy it for you.
https://www.atf.gov/questions-and-a...8-and-21-years-age-acquire-handgun-unlicensed
yeah i definitely wasn't planning on doing it. just wondering what the laws surrounding it were as I couldn't find precise answers online. Thank you!
 

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