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Old 08-31-2010, 12:45 PM   #11
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Straw purchase is when someone who can not legally purchase a gun has someone else do it for them.

Purchasing a gun as a gift, however, is not the same...unless the recipient is not legally able to own one.

"Owning" and "purchasing" each have different legal aspects.

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Old 08-31-2010, 01:29 PM   #12
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Quote:
Originally Posted by jetgirl View Post
Straw purchase is when someone who can not legally purchase a gun has someone else do it for them.

Purchasing a gun as a gift, however, is not the same...unless the recipient is not legally able to own one.

"Owning" and "purchasing" each have different legal aspects.

..^^^ accurate.

IC 35-47-2.5-14

(b) A person who purchases a handgun with the intent to:
(1) resell or otherwise provide the handgun to another person who the person knows or has reason to believe is ineligible for any reason to purchase or otherwise receive from a dealer a handgun; or
(2) transport the handgun out of the state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm;
commits a Class D felony.
(c) If the violation of this section involves a transfer of more than one (1) handgun, the offense is a Class C felony.
As added by P.L.17-1997, SEC.8.

IC 35-47-2.5-15
Ineligible purchaser attempting to purchase handgun; violation
Sec. 15. (a) A person who is ineligible to purchase or otherwise receive or possess a handgun in Indiana who knowingly or intentionally solicits, employs, or assists any person in violating section 14 of this chapter commits a Class D felony.
(b) If the violation involves a transfer of more than one (1) handgun, the offense is a Class C felony.
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Old 08-31-2010, 02:16 PM   #13
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Originally Posted by Jay View Post
..^^^ accurate.
I love it when he thinks I'm right.
I'm all verklempt now.
I think I need a moment... and maybe a T-shirt that brags about it...

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Old 08-31-2010, 06:35 PM   #14
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This post shows no intention to break the law at all. I am simply asking a question regarding the law. I wanted to know if there was a specific amount of time the gun had to be held by the original purchaser and if so how long was that time period.

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Old 08-31-2010, 06:41 PM   #15
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Quote:
Originally Posted by jetgirl View Post
Straw purchase is when someone who can not legally purchase a gun has someone else do it for them.

Purchasing a gun as a gift, however, is not the same...unless the recipient is not legally able to own one.

"Owning" and "purchasing" each have different legal aspects.
So are you saying that a friend could purchase a firearm w/ their own money & immediately gift it to me legally? Keep in mind I'm 19, but hold an Indiana lifetime gun permit
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Old 08-31-2010, 06:45 PM   #16
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Quote:
Originally Posted by Jlinx91b View Post
This post shows no intention to break the law at all. I am simply asking a question regarding the law. I wanted to know if there was a specific amount of time the gun had to be held by the original purchaser and if so how long was that time period.
If you were to purchase the gun from your friend, this post could be used against you to show intent.

Remember the law is not about what actually happens, it's about what is perceived to have happened. For example, someone out there has probably purchased a gun and then realized they bought the wrong caliber and tried to sell it to someone else the same day. If that person can't legally own that gun is it a straw purchase? There was no intent to sell the gun to a criminal while purchasing, but try proving that in court when you sold a gun to a criminal the same day you bought it.
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Old 08-31-2010, 06:51 PM   #17
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Quote:
Originally Posted by Jlinx91b View Post
So are you saying that a friend could purchase a firearm w/ their own money & immediately gift it to me legally? Keep in mind I'm 19, but hold an Indiana lifetime gun permit
From the ATF
http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
Quote:
15. STRAW PURCHASES
Questions have arisen concerning the
lawfulness of firearms purchases from
licensees by persons who use a "straw
purchaser" (another person) to acquire
the firearms. Specifically, the actual
buyer uses the straw purchaser to execute
the Form 4473 purporting to show
that the straw purchaser is the actual
purchaser of the firearm. In some instances,
a straw purchaser is used because
the actual purchaser is prohibited
from acquiring the firearm. That is to
say, the actual purchaser is a felon or is
within one of the other prohibited categories
of persons who may not lawfully
acquire firearms or is a resident of a
State other than that in which the licensee's
business premises is located.
Because of his or her disability, the person
uses a straw purchaser who is not
prohibited from purchasing a firearm
from the licensee. In other instances,
neither the straw purchaser nor the actual
purchaser is prohibited from acquiring
the firearm.
In both instances, the straw purchaser
violates Federal law by making
false statements on Form 4473 to the
licensee with respect to the identity of
the actual purchaser of the firearm, as
well as the actual purchaser's residence
address and date of birth. The actual
purchaser who utilized the straw purchaser
to acquire a firearm has unlawfully
aided and abetted or caused the
making of the false statements. The
licensee selling the firearm under these
circumstances also violates Federal law
if the licensee is aware of the false
statements on the form. It is immaterial
that the actual purchaser and the straw
purchaser are residents of the State in
which the licensee's business premises
is located, are not prohibited from receiving
or possessing firearms, and
could have lawfully purchased firearms
from the licensee.
An example of an illegal straw purchase
is as follows: Mr. Smith asks Mr.
Jones to purchase a firearm for Mr.
Smith. Mr. Smith gives Mr. Jones the
money for the firearm. If Mr. Jones fills
out Form 4473, he violates the law by
falsely stating that he is the actual buyer
of the firearm. Mr. Smith also violates
the law because he has unlawfully aided
and abetted or caused the making of
false statements on the form.
Where a person purchases a firearm
with the intent of making a gift of the
firearm to another person, the person
making the purchase is indeed the true
purchaser. There is no straw purchaser
in these instances. In the above example,
if Mr. Jones had bought a firearm
with his own money to give to Mr. Smith
as a birthday present, Mr. Jones could
lawfully have completed Form 4473.
The use of gift certificates would also
not fall within the category of straw purchases.
The person redeeming the gift
certificate would be the actual purchaser
of the firearm and would be properly
reflected as such in the dealer's records.
I'm going to go on a limb here and say the official answer is.... Talk to a lawyer in your area. Internet, guns, and legal advice don't mix well.
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Old 08-31-2010, 06:52 PM   #18
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Quote:
Originally Posted by Jlinx91b View Post
So are you saying that a friend could purchase a firearm w/ their own money & immediately gift it to me legally? Keep in mind I'm 19, but hold an Indiana lifetime gun permit
That is lawful, unless you are a felon.

Edited to add Indiana Code as relates to firearms transfers and purchases:
http://www.in.gov/legislative/ic/code/title35/ar47/ch2.5.html
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Old 08-31-2010, 07:08 PM   #19
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Originally Posted by Yunus View Post
If you were to purchase the gun from your friend, this post could be used against you to show intent.
Yunus hit the nail on the head. The posts you've made in this thread clearly demonstrate your intent to participate in a straw purchase. Your buddy is buying a gun ONLY to give/sell to you at a later time. His answer to the first question on the 4473 would be a lie if they indicate "yes" as they ARE NOT buying the gun for themselves.

Simple question - would this friend be buying the gun if you were not involved? If "no" then this is a straw purchase.

Might be splitting hairs here but the ATF does indeed read these forums...
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Old 08-31-2010, 07:11 PM   #20
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Quote:
Originally Posted by NGIB View Post
Yunus hit the nail on the head. The posts you've made in this thread clearly demonstrate your intent to participate in a straw purchase. Your buddy is buying a gun ONLY to give/sell to you at a later time. His answer to the first question on the 4473 would be a lie if they indicate "yes" as they ARE NOT buying the gun for themselves.

Simple answer - would this friend be buying the gun if you were not involved?

Might be splitting hairs here but the ATF does indeed read these forums...
This ^ is also factual.
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