Is this a Straw purchase?

Rockrivr1

Rockrivr1

NES Member
Joined
Jun 22, 2005
Messages
20,960
Likes
21,287
Location
South Central Mass
Feedback: 66 / 0 / 0
So I'd like to get the NES opinion on this. I have a handgun for sale both here and on Armslist. I received an email yesterday from someone in MA who is wanting to buy it, but will not have his license for another month as he just turned 21. I told him I would hold the gun for him only if he paid a 50% non-refundable payment up front. So I didn't hear back from him for the rest of the day. I figured that was going to happen.

Fast forward to today and I get another email from a different guy in MA stating he will buy the handgun from me. I'm thinking great. Then I notice the email address. The guy's email is his first and last name. Them same as the guy from yesterday. They both have the same last name. Different first names but same last name. This has me thinking it's a father or a brother to the guy that wants my gun. To me I'm thinking Straw Purchase. Is that what everyone else thinks as well? To similar and to close to be a coincidence.

What is my legal requirement here? Technically it's a guy saying he's buying a gun. Quandry....
 
Rockrivr1 said:
So I'd like to get the NES opinion on this. I have a handgun for sale both here and on Armslist. I received an email yesterday from someone who is wanting to buy it, but will not have his license for another month as he just turned 21. I told him I would hold the gun for him only if he paid a 50% non-refundable payment up front. So I didn't hear back from him for the rest of the day. I figured that was going to happen.

Fast forward to today and I get another email from a different guy stating he will buy the handgun from me. I'm thinking great. Then I notice the email address. The guy's email is his first and last name. Them same as the guy from yesterday. They both have the same last name. Different first names but same last name. This has me thinking it's a father or a brother to the guy that wants my gun. To me I'm thinking Straw Purchase. Is that what everyone else thinks as well? To similar and to close to be a coincidence.

What is my legal requirement here? Technically it's a guy saying he's buying a gun. Quandry....
Click to expand...

It's not worth ruminating about legally (you can't have a straw unless an FFL is involved) it's more like, "a stay the f*** away from that cauldron of bullshit" kind of thing. [laugh]
 
Greg said:
If the guy has a valid LTC sell it to him.
Click to expand...

This is the right answer, legally. Your obligation in an FTF is to do your due diligence and figure out whether the guy you're selling to is able to buy, by verifying his LTC. What he does with it after that is his business.

Ethically? Well. That's entirely up to you.
 
A guy with an LTC says he wants to buy the gun. Did he say it was for someone else? Did he hint it was for someone else? How do we know the original person who wanted it wasn't going to buy it for this person, instead of the other way around, or that they just both have the same last name coincidentally? Whatever makes you comfortable, but the whole licensing thing is BS anyway, I don't know why anyone would willingly support or condone it any more than we already have to.
 
hillman said:
A guy with an LTC says he wants to buy the gun. Did he say it was for someone else? Did he hint it was for someone else? How do we know the original person who wanted it wasn't going to buy it for this person, instead of the other way around, or that they just both have the same last name coincidentally? Whatever makes you comfortable, but the whole licensing thing is BS anyway, I don't know why anyone would willingly support or condone it any more than we already have to.
Click to expand...

It's not "supporting or condoning" anything, it's keeping the kopsch away from you if something bad happens. Engaging in your own terms regardless of "license" bullshit
etc is smart business. The OP has to decide what he's comfortable with, this isn't a paper-legal issue at all.
 
What's the worst that happens: Guy who originally wanted it doesn't trust you to hold 50% of his $ for a month. So you get 100% of your money and in a month he gets his gun.

Unless he's a PP somehow and the whole license thing is a ruse. THEN you are selling it to his buddy/relative/homeboy who has an LTC and then THEY can deal with being F'd by this whole thing later.

I'm not seeing downside on this. We are too fearful in mASS. It's shocking how gun transactions go down in other states. Shocking, I say!
 
robjax said:
for me I would have told him to contact me when he gets his LTC and if still available I would sell it to him. Otherwise, first one with a valid MA LTC and the cash takes it away.
Click to expand...

This was my other thought.

OP, you could always tell the kid you're willing to give him right of refusal in the event a full-price offer comes in; that way, if someone else chimes in as the second response, you could email the kid back and tell him to give you the 50% NOW or he's lost the gun.

There are a million ways to handle this. Me, I'd have sold by now.
 
Dennis in MA said:
I'm not seeing downside on this. We are too fearful in mASS. It's shocking how gun transactions go down in other states. Shocking, I say!
Click to expand...

There is nearly always a downside if your brain is telling you "don't do it" and you do it anyways. This is true regardless of MA bullshit or otherwise.
 
Assuming the emails came from armslist? That place is the most wretched hive of scum and villianry. You must be careful

Anyway... who's to say they are related or know each other. What's the last name?

Legally, if the purchaser has their LTC and individually doesn't make you feel sketchy, then go for it.

When selling - especially on armslist - I've refused or ignored people after they give me a bad vibe.
 
Last edited:
Sell the gun to the LTC holder. It is not your problem or concern with what he does after the purchase. You do not have the ability to read minds or foretell the future. This is a out and out sale from one LTC holder to another.
 
I wouldn’t sell it to either as well. While it is perfectly legal to sell it to another instate LTC holder and it isn’t your problem what the buyer does with the firearm it Is always wise to follow your gut.

While I rarely sell a firearm I always reserve the right to sell it to whom I choose and my add says so.

Bob
 
Anytime I am confronted by a decision I always think about the pros and cons. I see more cons, or possible cons, than pros, especially given what Len said.
 
Based upon Abramski v. US, the intermediary is the most likely party to face federal straw purchase charges. However, the basis of Abramski's charge was how he completed his 4473. That would make this a different case, if one at all. But, since you've now publicly documented a potential issue, you've not done yourself any favors.

The prudent move would be to nicely call out the intermediary, explain straw purchase concerns and reiterate your original offer.
 
If you are getting asking price from someone with a valid LTC then you should sell it. Your two different inquiries are unrelated events. There’s no reason for you to link them together.
 
Are we really getting panties in a bunch about a father/brother buying a gun for use by someone else in the family? Maura has trained you well... If you're uncomfortable, do the x-der at an FFL and call it a day. Because at the end of the day, they could just go to an FFL and buy new... So what are you really accomplishing other than losing the sale yourself? If he's got a valid LTC and passes a not so instant check at the FFL, I would sling it.
 

Similar threads

Is this a new term? Zombie guns.
Replies
9
Views
360
hminsky
H
Is there a reason.......
2 3
Replies
66
Views
2K
CMEBoston
CMEBoston
Can you guys tell me what this is?
Replies
7
Views
485
LittleCalm
L
Where is a Signal 9 Reliant???
Replies
11
Views
211
Mountain
Mountain
Kennedy is a no vote.
2 3 4
Replies
98
Views
2K
HARRYM
H
Back
Top Bottom