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sell to my brother - laws?


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Old 01-15-2011, 09:43 AM   #11
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Quote:
Originally Posted by willfully armed View Post
That's the first question.

I believe there is an exclusion, in respect to gifting, for immediate family members. Look into it.
It is best to stay away from that. Gifting is still an area of "straw purchase" (Sarah Brady buying her son a rifle is one of the best examples.)
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Old 01-15-2011, 10:01 AM   #12
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What is the difference between a straw purchase and a gift?

A straw purchase, I made the purchase for you, with your money.

Gift= I bought the gun. My money. I am the ACTUAL PURCHASER. I am GIVING the gun to a person I do not believe is prohibited from owning a gun.

Run a google for BATF straw purchase. cut & paste from their training video-

"Keep in mind that a straw purchase is a purchase in which the actual purchaser uses someone else — a.k.a. the “straw person” — to purchase the firearm and complete the paperwork. Generally, the straw purchaser is used because the actual purchaser is not eligible to conduct a transaction because he or she is a felon or other prohibited person. However, a straw purchase occurs even when the actual purchaser is not a prohibited person. The crime committed is knowingly making a false statement on the Form 4473 indicating that the straw purchaser is the actual purchaser, when this is not the case. Additionally make sure you familiarize yourself and anyone who purchases a firearm as a gift with the rules associated with the ATF I 5300.2 pamphlet."
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Old 01-15-2011, 10:33 AM   #13
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C3, thanks for clarification.
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Old 01-15-2011, 01:52 PM   #14
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Quote:
Originally Posted by corrinavatan View Post
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.

Somebodies knocking, should I let him in?

sell to my brother - laws? - Legal and Activism
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Old 01-15-2011, 02:45 PM   #15
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I am not an employee of the ATF or US Attorney's Office, but I believe a "straw purchase" is only illegal if the person who is the intended final possessor is somehow prohibited or restricted from purchasing/owning such a weapon.
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Old 01-15-2011, 05:07 PM   #16
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Default well...

In CT, interfamily deals require no paperwork. So if you bought it in CT, and he then paid you for it, nothing is wrong. If he does something with it, and can prove you sold it to him with a witness or something, then you are released from liability.

However, since you're from NY I'm assuming, be EXTRA careful. The handgun laws there are strict. Go into the store and tell the clerk what you want to do, more often than not the clerk or a guy in the back will know if its right or not.
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Old 01-15-2011, 06:31 PM   #17
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A Straw Purchase is illegal. Period. If your BIL want a gun let him buy it for himself.
This forum doesn't condone anything illegal or that even remotely skirts the law.
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