Straw purchase
Firearm & Gun Forum - FireArmsTalk.com > General Firearms Forums > Legal and Activism > Straw purchase

Reply
 
LinkBack Thread Tools Display Modes
Old 11-19-2013, 04:29 AM   #1
F4U
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
F4U's Avatar
 
Join Date: Nov 2012
Posts: 1,325
Liked 1009 Times on 600 Posts
Likes Given: 1

Default Straw purchase

I was at a gun show sunday and a guy that had a bunch of mosins was selling them 2 for $259. My friend and I thought this would be a good deal to go halves on but neither one of us had the cash on us then. This guy is at every show so we figured next month we look into this closer.

On the way home it occurred to me that if I hand him my half of the price or he hands me his half of the price and one or the other of us buys a pair this would technically be a straw purchase on the second rifle.

To be legal we would both have to fill out the form and do the background check.

Am I right about this or am I overthinking it?

__________________
F4U is offline  
 
Reply With Quote

Join FirearmsTalk.com Today - It's Free!

Are you a firearms enthusiast? Then we hope you will join the community. You will gain access to post, create threads, private message, upload images, join groups and more.

Firearms Talk is owned and operated by fellow firearms enthusiasts. We strive to offer a non-commercial community to learn and share information.

Join FirearmsTalk.com Today! - Click Here


Old 11-19-2013, 04:44 AM   #2
Feedback Score: 0 reviews
 
bige91603's Avatar
 
Join Date: Mar 2012
Posts: 842
Liked 84 Times on 61 Posts

Default

one person could purchase both rifles and then sell your friend the second one with a bill of sale. But I would recommend that you both feel out the transfer form

__________________
bige91603 is offline  
 
Reply With Quote
Old 11-19-2013, 06:31 AM   #3
Feedback Score: 0 reviews
 
DrumJunkie's Avatar
 
Join Date: Feb 2010
Location: Here in the holler....
Posts: 4,823
Liked 1616 Times on 944 Posts
Likes Given: 1894

Default

Quote:
Originally Posted by F4U View Post
I was at a gun show sunday and a guy that had a bunch of mosins was selling them 2 for $259. My friend and I thought this would be a good deal to go halves on but neither one of us had the cash on us then. This guy is at every show so we figured next month we look into this closer.

On the way home it occurred to me that if I hand him my half of the price or he hands me his half of the price and one or the other of us buys a pair this would technically be a straw purchase on the second rifle.

To be legal we would both have to fill out the form and do the background check.

Am I right about this or am I overthinking it?

As long as your state allows private sales without paperwork I can't see an issue there with one of you buying them both then selling one to you.


Quote:
Originally Posted by bige91603 View Post
one person could purchase both rifles and then sell your friend the second one with a bill of sale. But I would recommend that you both feel out the transfer form
A bill of sale would be a good idea.
__________________

The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.
Thomas Jefferson

DrumJunkie is offline  
 
Reply With Quote
Old 11-19-2013, 06:37 AM   #4
FTF_SUPPORTER.png
Feedback Score: 3 reviews
 
okdonk's Avatar
 
Join Date: Nov 2011
Location: Las Vegas,Nevada
Posts: 2,762
Liked 231 Times on 199 Posts
Likes Given: 65

Default

A bill of sale dated at least 24 hours later.

__________________
okdonk is offline  
DrumJunkie Likes This 
Reply With Quote
Old 11-19-2013, 10:15 AM   #5
Feedback Score: 0 reviews
 
austin92's Avatar
 
Join Date: Jan 2013
Location: Indiana
Posts: 825
Liked 181 Times on 134 Posts

Default

Indiana requires no bill of sale for any rifle

__________________
austin92 is offline  
 
Reply With Quote
Old 11-19-2013, 10:46 AM   #6
Feedback Score: 0 reviews
 
clr8ter's Avatar
 
Join Date: Jan 2011
Location: South Central NH
Posts: 3,415
Liked 1029 Times on 686 Posts
Likes Given: 677

Default

Why couldn't you simply tell him what the thing is, and he could do 2 different checks? On a deal like that, it must happen all the time…...

__________________
clr8ter is offline  
Rick1967 Likes This 
Reply With Quote
Old 11-19-2013, 11:02 AM   #7
Big TOW
FTF_SUPPORTER.png
Feedback Score: 0 reviews
 
WebleyFosbery38's Avatar
 
Join Date: May 2012
Location: Irish Settlement CNY
Posts: 5,671
Liked 6323 Times on 3155 Posts
Likes Given: 6803

Default

In NY, the situation your describing is a conundrum in the making! What makes sense and what you can do are two subjects all together. I suspect we wont be seeing an BOGO's in NY for that reason alone. Cant sell without a transfer through a FFL except in a very few family situations. Even then, its encouraged that it be done through an FFL.

The whole notion that Intent has been subjugated by the possibility of bad things happening when considering a straw purchase is confusing as hell to me. I really cant have my buddy pick me up a couple boxes of shotgun shells when hes at the store, thats a straw purchase in NY! Hell, my Dad died when I was 6, Mom didnt go to gun stores often or ever but my best friends Dad and my Brother in Law taught me how to shoot and hunt. They took me to the store and I bought my own damn ammo when I was 12, I would be phucked today if I was a kid, "No Bullets or Guns for You Son, sorry your Dad died!", Thanks allot MFer...

__________________
WebleyFosbery38 is offline  
 
Reply With Quote
Old 11-19-2013, 12:16 PM   #8
Feedback Score: 0 reviews
 
Join Date: Feb 2011
Location: West, by God, Funroe,Louisiana
Posts: 18,707
Liked 9204 Times on 5058 Posts
Likes Given: 74

Default

Quote:
Originally Posted by F4U View Post
I was at a gun show sunday and a guy that had a bunch of mosins was selling them 2 for $259. My friend and I thought this would be a good deal to go halves on but neither one of us had the cash on us then. This guy is at every show so we figured next month we look into this closer.

On the way home it occurred to me that if I hand him my half of the price or he hands me his half of the price and one or the other of us buys a pair this would technically be a straw purchase on the second rifle.

To be legal we would both have to fill out the form and do the background check.

Am I right about this or am I overthinking it?
Considering it's a gun show, meaning I'm sure it's pretty informal, just talk to the seller. He'd have to be a dick to not work something out with you and your buddy.

Explain your concerns and that you're friends, and offer to do two background checks for the packaged deal price, or for maybe just a few dollars more. Some places charge a transfer fee of about 20 bucks for private sales that need a transfer, so maybe offer a couple bucks extra for his time?. He'd probably be okay with it unless he suspects you're just two random guys that met each other there.

Other than that, the BATF essentially is supposed to be more concerned with those "engaging in the business" without a license. So if you buy two, then on the ride to the house you agree to sell one to your friend for what you bought it for, you should have nothing on your conscience.

Straw purchase laws are more to keep those who've had their gun rights taken away, from getting guns. They're not really intended to keep two buddies from getting a good deal on old milsurp rifles. BUT, enforcing that is open to interpretation.

I would buy the pair, then sell one to my buddy right in the parking lot.
__________________
trip286 is offline  
 
Reply With Quote
Old 11-19-2013, 12:25 PM   #9
Feedback Score: 0 reviews
 
Rick1967's Avatar
 
Join Date: Feb 2010
Location: Clifton,Colorado
Posts: 4,258
Liked 1905 Times on 1060 Posts
Likes Given: 1256

Default

If it were me I would be up front with the seller. In Colorado the buyer must pay $10 for the background check. I would offer to pay the extra $10 for the second check. But the way I read the law...if you don't have enough of your own money to purchase both rifles, and you use your friend's money combined with your money...that is the definition of a strawman sale.

__________________

Romans 1:16 I am not ashamed of the gospel, because it is the power of God for the salvation of everyone who believes: first for the Jew, then for the Gentile.

Rick1967 is online now  
 
Reply With Quote
Old 11-19-2013, 12:29 PM   #10
Feedback Score: 0 reviews
 
Join Date: Sep 2012
Location: The Great North Woods
Posts: 2,574
Liked 2049 Times on 1072 Posts
Likes Given: 392

Default

are you able to purchase a firearm on your own? (I am supposing yes, of course). You are not planning on re-selling this to a gangster in Chicago? (supposing you are not. A hood rat with a Mosin is in itself a funny sight to imagine). If your state allows private sales as was said, I think you are well within the letter and intent of the law.

__________________
chloeshooter is offline  
 
Reply With Quote
Reply

Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Firearms Forum Replies Last Post
A Punished Straw Purchase Daoust_Nat Legal and Activism 13 08-21-2013 10:30 AM
Straw purchase witnessed today Renegade44 The Club House 46 01-23-2013 08:21 PM
Straw Purchase? Inkster Legal and Activism 9 06-19-2012 01:20 PM
Is this a straw purchase? MichaelBarton General Handgun Discussion 20 02-01-2012 04:56 AM