Firearm & Gun Forum - FireArmsTalk.com > General Firearms Forums > Legal and Activism > sell to my brother - laws?

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Old 01-14-2011, 05:21 PM   #1
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Default sell to my brother - laws?

My brother wants me to buy him a handgun from a local dealer because I get a discount there, then sell it to him. What do I need to do to keep the whole transaction nice and legal?

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Old 01-14-2011, 05:25 PM   #2
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It's illegal to buy a handgun for someone else. I don't know about colorado but here in NC face to face transactions are legal so here if you buy it and then sell it to him you would be within the law.

I should mentione I failed the bar exam.

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Old 01-14-2011, 05:32 PM   #3
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I'm no lawyer either but it seems to me that if you are buying a gun with the intent of selling it that you are in fact NOT the "actual buyer".

Any chance you can talk to the gun shop and ask them to pass your discount to your friend for the sale? That IMO would be the best way to ensure you are 100% legal.

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Old 01-14-2011, 05:34 PM   #4
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Do a little research on what constitutes a "Straw Purchase" and act accordingly. Legal information from the internet is worth as much as it costs - nothing...

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Old 01-14-2011, 09:05 PM   #5
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Here's your biggest problem:

You've just posted on the internet that you plan on purchasing the gun to hand over to your brother.

You've pretty much stated "I'm going to be a straw purchaser"

Now, if your brother does ANYTHING with that gun, you can be implicated.

Do what was suggested earlier: bring your brother into the shop, and ask if the shop can pass the discount to your brother.

Or, some stores will allow you to pay for a "gun voucher" which can be redeemed for a gun at a later point. It's basically a "gun gift certificate", where you pay for it, give it to someone else, and they can "trade it in" for the gun, and THEY count as the person buying it (as it is THEY who get checked, not you).

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Old 01-14-2011, 09:06 PM   #6
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Quote:
Originally Posted by NGIB View Post
Do a little research on what constitutes a "Straw Purchase" and act accordingly. Legal information from the internet is worth as much as it costs - nothing...
That being said, what he's talking about doing pretty much smacks of a "Straw Purchase".
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Old 01-14-2011, 11:08 PM   #7
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What he said up there

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Old 01-15-2011, 03:33 AM   #8
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When buying a gun one of the questions you are asked is "Are you the actual purchaser of the gun?"

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Old 01-15-2011, 05:16 AM   #9
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Quote:
Originally Posted by M14sRock View Post
When buying a gun one of the questions you are asked is "Are you the actual purchaser of the gun?"
That's the first question.

I believe there is an exclusion, in respect to gifting, for immediate family members. Look into it.
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Old 01-15-2011, 09:16 AM   #10
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If you check the box I am buying this me then turn around and sell i to another person that is the definition of a straw purchase. Now I don't know if your state allows a purchase for a lift. I'm sure states have laws for this action as I'm sure it comes up pretty often.

If it was me I would want to talk to maybe local LEO or call a gun shop and ask the dealer.

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