Is this a straw purchase?

Discussion in 'General Handgun Discussion' started by MichaelBarton, Jan 31, 2012.

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  1. MichaelBarton

    MichaelBarton New Member

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    I let my sister(23) borrow $600 from me last year. She finally has it to give back but I want her to buy me(19) a Glock instead.
     
  2. danf_fl

    danf_fl Retired Supporter

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    Personally, I would take the money. There are too many "what ifs" there.
     

  3. JTJ

    JTJ Well-Known Member Supporter

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    Are you old enough to legally own a firearm?
     
  4. mkett39

    mkett39 New Member

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    if she buys it under her name and she gets the back ground check then gives it to you yes it can be considered a straw purchase. If she buys it then does a bill of sale showing she sold it to you then you would be legal as long as you can legally own firearms.
    Why not just get the money back and do your own purchase so you are 100% in the clear.
     
  5. MichaelBarton

    MichaelBarton New Member

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    In tx you can gift a handgun. Im 19 so i can legally own it
     
  6. trip286

    trip286 New Member

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    Then write up a bill of sale or put it in a gift box.
     
  7. trip286

    trip286 New Member

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    Our you could take the money and give it to one of your parents to make the purchase. That would look better.
     
  8. Yunus

    Yunus New Member

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    That would be the definition of a straw purchase!

    Your parents can buy the gun and give it to you if your state allows that. But it must be their money or they are not the "purchaser" and they have just committed a crime.

    As for OP's situation I believe if you are owed money and get a gun instead of money it would not be a "gift" and could be seen as a straw purchase.

    /Not a lawyer
     
  9. Jeepergeo

    Jeepergeo New Member

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    The plan sounds convoluted, flaky, and possibly illegal, and will lead to trouble for you and your sister in the long run, and maybe to society as well. Hopefully, you wise up before you go any further.

    The fact that you are asking the question makes me believe: 1) you already know it is flaky and possibly illegal or both; 2) you are not ready to go into a LGS and confidently and legally purchase your own firearm; and 3) you are trying to get posters to give you advice that might be contrary to law which could be used by the media to take shots at this forum.

    That's just me reading between the lines.
     
  10. Durangokid

    Durangokid New Member

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    This thing smells. The BATF are real no fun people to deal with. Think this out well before you do it. A firearms violation at 19 years and you can never own a legal firearm or a CCW. :eek:
     
  11. HOSSFLY

    HOSSFLY New Member

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    Technicly thats still a straw purchase- In fact the worse kind-
    Just get the money-
     
    Last edited: Jan 31, 2012
  12. HOSSFLY

    HOSSFLY New Member

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    If you can legally own it WHY dont you take the money & buy it yourself-
    Me smells something a bit funny :rolleyes:
     
  13. trip286

    trip286 New Member

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    It's the same here in MS, 18 to OWN a handgun, but 21 to BUY one from a dealer. 18 to buy one in a private sale.
     
  14. HOSSFLY

    HOSSFLY New Member

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    Well THAT makes a lotta sense :confused:
    Guess its been so long since i was 18 (or 21) that i never thought about the legal age :p
     
  15. Jstrong

    Jstrong New Member

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    Sadly common sense is something that's completely absent from our gun laws today.
     
  16. trip286

    trip286 New Member

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    You should hear some of the stories c3 tells. He was a company commander, yet wasn't allowed to buy pistol ammo because if his age.
     
  17. partdeux

    partdeux Well-Known Member

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    gift is not a straw purchase. If she gifts it to you... :)
     
  18. Rick1967

    Rick1967 Well-Known Member

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    Get the money from your sister. Then look through the newspaper for a private party selling the gun you want. Do not let your sister buy a gun with money that she owes you. That is clearly a straw purchase.
     
  19. willfully armed

    willfully armed New Member

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    It is not a gift. And why would you openly condone breaking the law?




    OP- there are 455 metric **** tons of used glocks for sale. Search the local forums, newspapers, WWW.midwestguntrader.com, WWW.armslist.com....



    And before anyone tries to continue that its not a straw purchase-

    She took money from him. She is giving money back. Its HIS money. Its not a gift.
     
  20. JonM

    JonM Moderator

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    a parent or legal guardian can buy a gun for a an adult under their care under 21 in texas. your sister is probably not your mother or legal guardian so no she cant. she cant gift it to you either until you turn 21. the law is the same for private party buys.

    my opinion is get the money put it away until you hit 21 then buy it yourself. that is unless you hate your sister and want to send her to prison. course you would prolly go too unless your a registered democrat and obama supporter. just yell "eric holder did it too!!" while they haul ya off :)

    a straw purchase has nothing to do with whose money it is or where the money came from. it is whether or not the person getting the gun could or could not legally buy one. since i can legally buy a gun anyone else that can legaly buy a gun can do so and give it to me. thats why private sales are generally legal to do as is gifting. if you buy a gun wait 15 years then gift it to a person who cannot legally buy a gun that is a straw sale.

    it is up to the seller to determine if the buyer is legal. its also why i dont do private sales without using a ffl.

    since the op cannot legally buy one his sister would be straw buying regardless of where the money came from.
     
    Last edited: Jan 31, 2012
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