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Legalities of this situation
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<blockquote data-quote="henschman" data-source="post: 1847360" data-attributes="member: 4235"><p>An illegal "straw purchase" is buying a gun in your name as a proxy for someone else who is the true buyer. That is not the case in this situation, because MrShooter apparently bought a gun and immediately posted it for re-sale. He would have no way to know who would actually buy it from him in his re-sale. For a straw purchase, you have to be buying it for a specific person, who you know you are buying for beforehand. No matter how systematically somebody does what MrShooter did, it can never be said that they are engaging in a straw purchase. Even if you buy a gun purely with the intent of re-selling it as quick as you can, you are still buying it for yourself and it cannot be said that it is an illegal straw sale. The fact is, a true buyer can dispose of his property however he wants, including selling it. </p><p></p><p>However, if he doesn't have an FFL and this is done repeatedly, there may be a possible legal issue with engaging in the business of selling firearms without a FFL.</p><p></p><p>As in any criminal prosecution, the state would have the burden of proving every element of the crime beyond a reasonable doubt in order to convict someone... you do not have to prove that you DIDN'T intend to buy something for another person. Both of these laws are federal felonies with hefty prison sentences and fines if convicted. </p><p>Also, both of these laws are B.S. unconstitutional violations of people's natural rights, so I would never make an issue of it, call someone out on it, or inform law enforcement. The most I would do, as I did here, is tell people what the law is so they can make their own choices with complete and accurate information.</p></blockquote><p></p>
[QUOTE="henschman, post: 1847360, member: 4235"] An illegal "straw purchase" is buying a gun in your name as a proxy for someone else who is the true buyer. That is not the case in this situation, because MrShooter apparently bought a gun and immediately posted it for re-sale. He would have no way to know who would actually buy it from him in his re-sale. For a straw purchase, you have to be buying it for a specific person, who you know you are buying for beforehand. No matter how systematically somebody does what MrShooter did, it can never be said that they are engaging in a straw purchase. Even if you buy a gun purely with the intent of re-selling it as quick as you can, you are still buying it for yourself and it cannot be said that it is an illegal straw sale. The fact is, a true buyer can dispose of his property however he wants, including selling it. However, if he doesn't have an FFL and this is done repeatedly, there may be a possible legal issue with engaging in the business of selling firearms without a FFL. As in any criminal prosecution, the state would have the burden of proving every element of the crime beyond a reasonable doubt in order to convict someone... you do not have to prove that you DIDN'T intend to buy something for another person. Both of these laws are federal felonies with hefty prison sentences and fines if convicted. Also, both of these laws are B.S. unconstitutional violations of people's natural rights, so I would never make an issue of it, call someone out on it, or inform law enforcement. The most I would do, as I did here, is tell people what the law is so they can make their own choices with complete and accurate information. [/QUOTE]
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