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

ratski · Dec 15, 2013

OK, this has NOT happened as of yet, but it is my understanding that it will happen in the near future.

Here is what I know:

Guy who lives in Texas asks his son to buy him a handgun.
Son lives in Oklahoma.
Son has Oklahoma CC permit.
Son buys handgun and gives it to father in Texas.

Text messages between father and son relate to handgun acquisition and possible future threats to specific person with the handgun.

Im not sure why the guy in Texas doesnt just buy one himself in Texas unless he is a prohibited person, but I dont know that for sure.

Once the handgun is given to the guy in Texas, will ATF actually DO anything about it?

It is my understanding that this constitutes multiple offences.

The Interstate transfer of a hangun without the use of an FFL would come back and affect both of the individuals involved, correct?

Dave

Boehlertaught · Dec 16, 2013

A couple of thoughts. A straw purchase is against the law, but is this a straw purchase if the gun is a gift? I thought you could give one of your guns to anyone and they can keep it where they live as long as their location does not prohibit the ownership of the gun. If the handgun is special in some way and is only available in OK for some reason and if the gift thing will not work. The son may be able to purchase the handgun and transfer it through an FFL in Texas to his father.

ratski · Dec 16, 2013

Boehlertaught said:
A couple of thoughts. A straw purchase is against the law, but is this a straw purchase if the gun is a gift? I thought you could give one of your guns to anyone and they can keep it where they live as long as their location does not prohibit the ownership of the gun. If the handgun is special in some way and is only available in OK for some reason and if the gift thing will not work. The son may be able to purchase the handgun and transfer it through an FFL in Texas to his father.

1. It is a straw purchase if the recipient is a prohibited person and the buyer knows this. That is NOT what I am talking about here. Although that could in fact be the case, I am not aware of it.

2. The purchase of a handgun and subsequent transfer through an FFL in Oklahoma and in Texas is NOT what I am talking about here.

What I am talking about here is one person in one state purchasing a handgun and driving across state lines with the handgun and giving it to someone else.

No dealers involved.

Dave

Kyle78 · Dec 16, 2013

Too many rules for the ATF to use against both parties imho. I would just have the dad buy it in texas, if he can't afford it, the son should just send him money. Problem solved.

Honeybee · Dec 16, 2013

Actually nothing would happen. Transfers - gifts or purchases between family members would be exempt from straw purchase law also a single gun being carried over state line doesn't even raise a hair on the back of the neck of the ATF.

ratski · Dec 16, 2013

Kyle78 said:
Too many rules for the ATF to use against both parties imho. I would just have the dad buy it in texas, if he can't afford it, the son should just send him money. Problem solved.

I don't think you are seeing the issue here.

This is a blatant illegal Interstate transfer of a handgun.

It is obviously aimed at avoiding a paperwork trail.

It is NOT an innocent "hey Dad, what do you want for Christmas" thing.
It is an "OK, I got the thing you wanted so you can threaten your wife" thing.
It is an "I'll buy it in Oklahoma and drive down to Texas and give it" to you kind of thing.

I know it is an illegal transfer.
What I want to know if if ATF and the Local authorities will actually DO anything once the transfer has occurred and they are alerted to the fact.

Let me say this again:
This IS NOT a money problem.
This is NOT a oops I didn't know problem.
This IS an illegal transfer of a handgun ACROSS state lines.

Dave

tRidiot · Dec 16, 2013

Will they do anything about it? I am assuming you are debating reporting this incident.... presumably on the premise that you may be protecting the well-being of the third-party being threatened? Dunno... I seriously doubt they will, unless it is something they think can be easily proven if reported by you, AND/OR it is something they will get some publicity from, meaning they can point to it in the papers and say, "Hey, look, we kept this dangerous person from getting/keeping a gun purchased and transferred illegally.

I wouldn't hold my breath unless you've got some solid proof AND one of the above conditions applies.

Just a totally uneducated layperson's guess.

AKguy1985 · Dec 16, 2013

I'm not sure if they will do anything.

BikerHT · Dec 16, 2013

If you see something...say something. :patriot:

Hump66 · Dec 16, 2013

Report it to the ATF and see what they do. I'll wait here :popcorn:

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

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