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The Water Cooler
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Gun Show Situation, we need a ruling
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<blockquote data-quote="Buzzgun" data-source="post: 2061350" data-attributes="member: 4715"><p>If the deal seemed hinky, you made the right call, however, buying a firearm with the intent to resell it is not a straw purchase according to the legal definition, and it is NOT illegal to purchase a firearm with intent to resell it. </p><p></p><p>The 4473 says: </p><p></p><p>Instructions for 11a: </p><p></p><p>If you purchase a firearm, using your own funds, with the intent to resell it, you are, in fact, the actual buyer, so no straw purchase occurs. </p><p></p><p></p><p>From the original post: "One of my private sellers came up and asked my opinion about a sale. He had five long guns on his table, one of them was an AR15. A woman approached him and offered to buy all of his guns for $5000, then continued to say that she new some people that she could sell them to and make some money. With the intention getting the AR15 free and clear."</p><p></p><p>How is what she intended to do any different than what your "private seller" was already doing?? Unless your "private seller" was actually selling a "personally owned collection", and not selling firearms that he had actually purchased with intent to resell, her intent was to do the same thing that the original seller was doing!!</p><p></p><p>Notice, according to the original post, the woman never said she wanted to buy the guns on behalf of "some people", she never suggested she was buying for someone else, she simply stated she knew some people she could sell the guns to. Unless she was buying on behalf of someone else, generally because those people can't legally purchase or possess a firearm, then it was NOT a straw purchase.</p><p></p><p></p><p>At worst, she would have been guilty of dealing without a license, and even that is a stretch unless she does it on a regular basis!</p><p></p><p></p><p></p><p>Another question, since it was a private seller and not an FFL, is a "straw purchase" even illegal?? The law says a private seller cannot knowingly sell to a person prohibited from buying a firearm. </p><p></p><p>From the BATF FAQ:</p><p></p><p></p><p></p><p>A person who can legally purchase and possess a firearm is NOT a prohibited person.</p></blockquote><p></p>
[QUOTE="Buzzgun, post: 2061350, member: 4715"] If the deal seemed hinky, you made the right call, however, buying a firearm with the intent to resell it is not a straw purchase according to the legal definition, and it is NOT illegal to purchase a firearm with intent to resell it. The 4473 says: Instructions for 11a: If you purchase a firearm, using your own funds, with the intent to resell it, you are, in fact, the actual buyer, so no straw purchase occurs. From the original post: "One of my private sellers came up and asked my opinion about a sale. He had five long guns on his table, one of them was an AR15. A woman approached him and offered to buy all of his guns for $5000, then continued to say that she new some people that she could sell them to and make some money. With the intention getting the AR15 free and clear." How is what she intended to do any different than what your "private seller" was already doing?? Unless your "private seller" was actually selling a "personally owned collection", and not selling firearms that he had actually purchased with intent to resell, her intent was to do the same thing that the original seller was doing!! Notice, according to the original post, the woman never said she wanted to buy the guns on behalf of "some people", she never suggested she was buying for someone else, she simply stated she knew some people she could sell the guns to. Unless she was buying on behalf of someone else, generally because those people can't legally purchase or possess a firearm, then it was NOT a straw purchase. At worst, she would have been guilty of dealing without a license, and even that is a stretch unless she does it on a regular basis! Another question, since it was a private seller and not an FFL, is a "straw purchase" even illegal?? The law says a private seller cannot knowingly sell to a person prohibited from buying a firearm. From the BATF FAQ: A person who can legally purchase and possess a firearm is NOT a prohibited person. [/QUOTE]
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