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-   -   Straw Purchase? (http://www.firearmstalk.com/forums/f97/straw-purchase-66600/)

Inkster 06-18-2012 03:52 AM

Straw Purchase?
 
Long story short my address was not current on my drivers lisenes after trying to pick up a SigSauer 716. They asked if i could still get mail at the listed location, i had them hols on while i went out side to ask my mom (my gf and mom were in the car waiting... the address listed was my mom's ex bf) She said no and not to worry about it. My birthday is coming up and she wanted to buy it for me for my birthday. we went back in there and they asked if we knew what a straw purchase was if i knew i could face 10 years in jail. Okay...

I am a combat veteran, earning my CMB years ago... Have my CPL and even have my car registration with my current address with my states stamp on it. What gives... i looked up what it means to be a ' prohibited person ' when buying a rifle :
. You have been convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
b. You are a person who has been convicted of a felony offense.
c. You are a fugitive from justice. (Have an active Arrest Warrant)
d. You are an unlawful user of certain depressant, narcotic, or stimulant drugs.
e. You were adjudicated as mentally defective or incompetent, of committed to any mental institution.
f. You are an illegal alien.
g. You have renounced your U.S. citizenship.
h. You were convicted in any court of a misdemeanor crime of domestic violence.
i. You are subject to a court order that restrains you from harassing, stalking, or threatening an intimate partner. (Restraining order, T.R.O, etc.)

no, no, and NO! I thought we lived in America ? I guess maybe i should had just lied? am i out of line here? thanks all

ScottA 06-18-2012 03:56 AM

I think this ventures into the arena of asking for a legal opinion in an online forum. I'd call an attorney in the morning.

JonM 06-18-2012 11:33 AM

Look at it from their perspective. A guy comes in wanting someone else to pay for a gun the guy is signing for. He claims the payor is his mother. He has dodgy mismatched info on address line. He claims to be an ex military getting a bday present.

The seller doesnt know you. All he has are the redlight signs of a strawbuy. If he sells to you and it turns out to be a straw buy his ffl and freedom are at risk if he knowingly conducts a straw sale...

So what he did was reasonable. Sucks for you but he was following the law. Anyway better to wait till your home life settles and you get yourdriver license fixed

NativH 06-18-2012 12:08 PM

If you were in Texas with a CPL/CHL and it has a different address than your drivers license, you have also committed an infraction and could lose your CHL for awhile. Whenever you have a license to carry, make sure it matches your drivers license. Just a friendly warning that a cop may not make, so friendly.

mountainman13 06-18-2012 12:33 PM

I would make a run to the dmv as soon as you have something to show your address. Get the sticker on your license and head back for the gun before they make a report to cover their a$$es.

therewolf 06-18-2012 04:17 PM

Another FFL perspective is they have to

hold the line rigidly.

Once they start cutting slack, it gets

sloppier and sloppier, until very serious

problems arise.

Yes, this is America. Unfortunately, a

bunch of schmucks out there are always

screwing it up for the rest of us.

Axxe55 06-18-2012 04:31 PM

first of all the gun dealer was just doing the right thing in asking if the address is correct and current. they ask me everytime i purchase, even when they know me and i was in there the week before buying one.

second, get your DL's address updated ASAP! most states you have 30 days to update your DL if you change addresses. if you are stopped by a LEO on a traffic stop, he can issue a fine for it.

third, if the gun is one that might not be there later when you get this cleared up, then see if you can put something down on it like a layaway. you don't have to fill out the 4473 form until you pay for it in full and it's ownership is tranfered to you. this will give you time to get your DL in order.

kytowboater 06-18-2012 04:49 PM

It's a no big thing to me. Went to buy a gun for the wife, we had moved, had mismatched info. Buds sold me a gun with that info week earlier, dicks sporting goods didn't. Not an issue as I was getting corrected licenses anyhow. Still a small hastle.

wjnfirearms 06-19-2012 12:47 PM

It's important for us to get current and correct info. Not only is the right thing to do from our perspective, but it covers our collective butts. Still, to potentially accuse you of attempting to straw purchase is a bit over the top IMHO. It's not an uncommon thing for many to procrastinate on getting corrected info on licenses, registration cards, etc. It is illegal to do that in most all states, but it usually is not pursued as a crime, per se, when it happens because it's understood that most have busy lives and some just plain forget to do it in a timely fashion.

Without trying to insult your intelligence, do you understand what a straw purchase is? It usually involves prohibted persons, but not always. It simply is attempting to purchase a firearm for someone other than yourself. The main crux of the push to recognize it by delaers is to combat the sales with intent to deliver to prohibited persons. Unfortuantely, it covers any sales to those other than the buyer him/herself. Thus, why the question on the 4473 which asks if the person filling out the form is the actual buyer of the firearm. If you get down to the nuts & bolts, technically if anyone buys a gun and admits to the FFL that it is a gift for someone else, under the letter of the law, it is a straw purchase. The only times it wouldn't pertain under the letter of the law is under approved no transfer loopholes like parent to child or spouse to spouse or under willed estate transfers.

Now, would any dealer accuse someone of straw purchasing when they buy a gun with intent of it being a present for, say, a grandson who is under age? Of course not, or at least I'd hope so. I've done this on several occassions and there is no real illegality about it. To accuse someone of this just because he forgot to correct his license info, especially if there is other forms of ID that state the change, is over the top. This guy has taken caution to a whole other level. I don't blame you for being insulted.

Ranger-6 06-19-2012 01:20 PM

Just report to the local jail. Some states, if not all states, requires all driver license and identification card holders to report any change of address to MVD within 10 days.

http://www.azdot.gov/mvd/driver/driverservices.asp


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