Unless it is a gift.
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A friend of a friend got a call from BATF regarding his off-list purchase
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Unless it is a gift.
The clause is exclusive of the gift issue. They are asking you if you are the intended buyer, or are you acting as an agent of someone else. Buying for a friend w/o their knowledge does not create an agency relationship, it is not a straw purchase. Now, if your intent is to circumvent the law and sell to a PP, that is against the law.
KBCraig
NES Member
Yes, really. Try applying critical reading skills.
You may never knowingly transfer a firearm to a prohibited person. You may also never legally answer "yes" on question 11.a if you are not the "actual transferee/buyer", no matter if the actual buyer is a prohibited person or not.
Another example of why not to answer the question is this:
Say you did purchase X at Z -- it is well used by you and you know you got it at Z.
The ATF could set a perjury trap for you by quoting the wrong date -- off by a day or two that was perhaps six months or months ago.
If you said yes, you lied to a Federal officer -- and then it's up to the US Attorney whether to prosecute you.
--jcr
LTCRN
NES Member
OJ ?
rep308
NES Member
What are my legal obligations to answer? Can I just say "I chose not to talk with you"?
Yes!
namedpipes
NES Member
Yes, but the nail that does NOT stick out has obviously been hammered harder than the one sticking out.
Or it was shorter, or found softer wood?
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
There is an old Chinese saying:
A well crafted sentence described as ancient wisdom tells you only what you already know or want to hear.
namedpipes
NES Member
Or it was shorter, or found softer wood?
There is an old Chinese saying:
A well crafted sentence described as ancient wisdom tells you only what you already know or want to hear.
I thought sure somebody would say "But the one sticking out gets hammered twice" but that works too.
You have no legal obligation to answer. Personally, I would probably say "I'll be glad to answer all of your questions and I respect the importance of your investigation. But I'll have to have my attorney present. Give me your card and I'll have him call you."
Then my lawyer will ask them what's up and politely tell them to pound sand. This way it is the lawyer being a lawyer, not me being a jerk. And yes, I'll pay a few bucks for that.
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This - and those will be a couple well spent bucks. (not like you can spend them on ammo now-a-days.
namedpipes
NES Member
More of a mallet than a hammer.
Because this is the niche that BATFE has carved for itself. When the .gov has an asset it uses it. Now about those MRAPs that the .gov just sent to the states.....
Because it's easier than finding real criminals.
And it may let them catch their Great White Defendant
Federal Laws require FFL's to abide by the state laws. So essentially and law that MA makes for a dealer the feds say "Me too".
Thank you for a logical and reasoned response to my question. But, "the list" is merely a regulation instituted by a government official rather than legislation voted on by the senate/reps and signed into law by the Governor. Or, is there some law on the books that says all MA businesses must abide by consumer safety regulations instituted by the AG? And therefore the FFL would be guilty of Federal firearm law for not obeying a non-firearm related State law?
Was it an assault bike-stand?
I think so. Word on the street is that it had 8 spots for bikes
Also legally only BATFE can look at the Bound Books and 4473s, at least that is what I've been told many times by many FFLs. So they dig the info and turn it over to the DA for local prosecution and the Feds and state are both happy.
icyclefar
NES Member
BINGO!
Sorry you have this situation backwards. When you have time, read the entire thread and perhaps it will become clearer.
In short, the EOPS List is per MGL and violations by MA Dealers are Felonies!
The AG Regs (CMR) are regulations that have $$ penalties attached to them. The requirements are above and beyond the "List" and the AG will never "approve" any handgun, so MA Dealers are always at risk here.
In both cases, the burden falls only on the MA Dealer, not the buyer. It is not our responsibility to know what a dealer can transfer.
Mike is being charged with violating MGL, selling guns not on the EOPS List.
