sell to my brother - laws?

Discussion in 'Legal and Activism' started by Nyforandring, Jan 14, 2011.

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  1. Nyforandring

    Nyforandring New Member

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    My brother wants me to buy him a handgun from a local dealer because I get a discount there, then sell it to him. What do I need to do to keep the whole transaction nice and legal?
     
  2. spittinfire

    spittinfire New Member Supporter

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    It's illegal to buy a handgun for someone else. I don't know about colorado but here in NC face to face transactions are legal so here if you buy it and then sell it to him you would be within the law.

    I should mentione I failed the bar exam.
     

  3. Yunus

    Yunus New Member

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    I'm no lawyer either but it seems to me that if you are buying a gun with the intent of selling it that you are in fact NOT the "actual buyer".

    Any chance you can talk to the gun shop and ask them to pass your discount to your friend for the sale? That IMO would be the best way to ensure you are 100% legal.
     
  4. NGIB

    NGIB New Member

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    Do a little research on what constitutes a "Straw Purchase" and act accordingly. Legal information from the internet is worth as much as it costs - nothing...
     
  5. corrinavatan

    corrinavatan New Member

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    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.

    Do what was suggested earlier: bring your brother into the shop, and ask if the shop can pass the discount to your brother.

    Or, some stores will allow you to pay for a "gun voucher" which can be redeemed for a gun at a later point. It's basically a "gun gift certificate", where you pay for it, give it to someone else, and they can "trade it in" for the gun, and THEY count as the person buying it (as it is THEY who get checked, not you).
     
  6. corrinavatan

    corrinavatan New Member

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    That being said, what he's talking about doing pretty much smacks of a "Straw Purchase".
     
  7. c3shooter

    c3shooter Administrator Staff Member

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    What he said up there
     
  8. M14sRock

    M14sRock New Member

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    When buying a gun one of the questions you are asked is "Are you the actual purchaser of the gun?"
     
  9. willfully armed

    willfully armed New Member

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    That's the first question.

    I believe there is an exclusion, in respect to gifting, for immediate family members. Look into it.
     
    Last edited: Jan 15, 2011
  10. DrumJunkie

    DrumJunkie New Member

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    If you check the box I am buying this me then turn around and sell i to another person that is the definition of a straw purchase. Now I don't know if your state allows a purchase for a lift. I'm sure states have laws for this action as I'm sure it comes up pretty often.

    If it was me I would want to talk to maybe local LEO or call a gun shop and ask the dealer.
     
  11. danf_fl

    danf_fl Retired Supporter

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    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.)
     
  12. c3shooter

    c3shooter Administrator Staff Member

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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."
     
  13. danf_fl

    danf_fl Retired Supporter

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    C3, thanks for clarification.
     
  14. IGETEVEN

    IGETEVEN New Member

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    Somebodies knocking, should I let him in?

    [​IMG]
     
  15. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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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.
     
  16. easterner123

    easterner123 New Member

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    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.
     
  17. CA357

    CA357 New Member Supporter

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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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