Indiana Private Sales Law

Discussion in 'Legal and Activism' started by Jlinx91b, Aug 30, 2010.

  1. Jlinx91b

    Jlinx91b New Member

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    I am a 19 yr old Indiana resident who holds a Lifetime permit to conceal & carry a handgun. I have a friend who is over 21 (the legal age to purchase handguns from a dealer). I know that my father can purchase the gun for me but I'm wondering if my buddy can purchase it & then I can legally buy it from him?
     
  2. dunerunner

    dunerunner New Member

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    Straw purchase...illegal! Have Dad buy the gun for you!
     

  3. Jlinx91b

    Jlinx91b New Member

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    I figured that. what defines a "straw purchase"?
     
  4. dunerunner

    dunerunner New Member

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    It's like you asking someone to buy alcohol for you. You the intended buyer, who for one reason or another cannot buy the weapon, ask someone else to purchase it for you. Whether they use their money to buy it and you buy it from them or you give them the money to buy it, it is a straw purchase. I am not certain what the laws are on private sales to persons not old enough to purchase a handgun, but I'm sure the seller would have some heavy explaining to do!

    When in doubt, call your local law enforcement office or look here gunlaws.com - Indiana Gun Law Links

    Have your Dad buy the gun for your birthday, unbirthday, Christmas, Easter or whatever present.
     
  5. Jlinx91b

    Jlinx91b New Member

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    This would be so much easier if our damn laws made sense ! I can purchase a permit on my own but cant purchase the gun to carry? Doesnt make too much sense to me
     
  6. c3shooter

    c3shooter Administrator Staff Member

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    If you start expecting laws and government regulations to make sense, you are destined to be dissappointed in many ways. :cool:

    Buying from a DEALER (who is licensed by the Federal Govt) Federal law governs. 21 to buy a handgun. In some states, you may own a handgun at 18, which means you can buy from a private seller in your state, but not a dealer. A family member can buy a gun from a dealer AS A GIFT to you - but if someone buys a gun FOR you with YOUR money- THAT is a strawman sale.

    And yes, you do have my sympathy. At the age of 20, I was an Army 1Lt, an infantry company commander, and could not buy a box of .45 ammo at the gun shop. Despite the fact that I was signed for enough mortars, recoiless rifles, and machineguns to level a small town.
     
  7. Jlinx91b

    Jlinx91b New Member

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    I just got enlisted ! But anyways, So if a friend who can legally purchase a gun, with his own money does purchase a gun & I just so happen to buy it from him with my own money, is that legal?
     
  8. Jlinx91b

    Jlinx91b New Member

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    How long does someone need to legally "own" a gun before they can sell it?
     
  9. danf_fl

    danf_fl Retired Supporter

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    If an FFL dealer takes one firearm out of the "For Sale" stock, annotates the books accordingly. They cannot do a private sale of the firearm for at least one year after it has been removed from stock.
     
  10. NGIB

    NGIB New Member

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    You want your buddy to buy a gun and sell it to you - that is a straw purchase plain & simple. Posting that here on a national open forum proves the intent to "break" the law. You asked...
     
  11. jetgirl

    jetgirl New Member

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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.
     
  12. Jay

    Jay New Member

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    ..^^^ 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.
     
  13. jetgirl

    jetgirl New Member

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    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...

    :D
     
  14. Jlinx91b

    Jlinx91b New Member

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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.
     
  15. Jlinx91b

    Jlinx91b New Member

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    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
     
  16. Yunus

    Yunus New Member

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    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.
     
  17. Yunus

    Yunus New Member

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    From the ATF
    http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
    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.
     
  18. jetgirl

    jetgirl New Member

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    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
     
    Last edited: Aug 31, 2010
  19. NGIB

    NGIB New Member

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    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...
     
    Last edited: Aug 31, 2010
  20. jetgirl

    jetgirl New Member

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    This ^ is also factual.