Is this a Straw purchase?

The only way I would even consider selling that to them is thru a FFL.

But when in doubt, don't !

I would tell the one waiting for the LTC that if the gun is still available when he gets his license a FFL transfer will be required.

I would tell the second person the gun is sold pending funds

I would then sell it to someone else.
 
ThePreBanMan said:
Maura has trained you well...
Click to expand...

In this state it pays to be prudent. Hence why I asked the question. It seems dodgy to me. While legally I may have no problem but with this state you never know. I take my ownership seriously and I wouldn't want to do anything to jeopardize that.
 
Rockrivr1 said:
In this state it pays to be prudent. Hence why I asked the question. It seems dodgy to me. While legally I may have no problem but with this state you never know. I take my ownership seriously and I wouldn't want to do anything to jeopardize that.
Click to expand...

Then why are you even asking if your mind is already made up? But seriously - a family member? Come on man. Do you mean to tell me your pops never let you shoot one of his? You would deny the same to a legit LTC holding family member, but then sell it to some other jamoke off the interWebz absent you having ANY knowledge of said jamoke? I'm not sure you're accomplishing anything with that line of thought my friend.
 
I let my gut guide me. My gut is never wrong.
No sale or thru FFL only.
If the buyer don't like the FFL idea then tough cookies. He can find another gun elsewhere.
 
I'd just sell it to him through an FFL with a background check. If he wants your gun and is clearly not a prohibited person, you covered your ass. If he then gives his new gun to a prohibited person I'm pretty sure that's totally on him. Not legal advise (especially for MA) but I'm under the impression you just need to make sure your part is clearly above board.
 
At the end of the day, as long as the buyer has a valid LTC license and you do everything by the book during the transfer process, what kind of trouble could you get into post transaction??? On the flip side, if your gut is telling you something, listen to it. If it's a popular gun, another buyer will come along eventually.
 
Knuckle Dragger 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.
Click to expand...

This can't really be a straw though since it doesn't involve an FFL as the origin of the gun. The OP has probably owned the original gun for years so any fed link there is dead. Hell the OP
could have even bought it off another private sale, which would move any fed context there from "dust" to "absolutely nothing".

-Mike
 
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 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....
Click to expand...
kind of sketchy, but if the person buying it has a valid LTC then kind of who gives a shit? You're not really responsible beyond validating the license of the person you're selling it to. Maybe dad is buying it with the intent to transfer it to his son later, but if you're not explicitly told that then you have plausible deniability.

If your gut is telling you don't do it, then probably don't do it...but I think the chances of getting jammed up over it are slim.
 
ThePreBanMan said:
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.
Click to expand...

No, more like people too stupid to responsibly talk to a seller? Has nothing to do with maura, or MA bullshit, communism, or even guns. I don't care if it's a gun or a set of golf clubs, if I catch someone "trying to drive around me", they will get told to f*** off. People do this shit at work and I just smile at them when they go down the hall, try to wallhack my authority- and then my boss tells them to f*** off, too. Now if the guy said "Hey my son so and so contacted you about buying the pistol, but he doesn't have his LTC yet. I have an LTC and would like to buy it instead, and when the license comes I want to give it to him after his birthday. " Or if the kid said "hey I am going to wait this one out, but my brother / dad is interested in this same gun and may be contacting you shortly" then NBD.... but the fart-dropping act the OP described, stinks. There's no reason to even entertain
that circus.

Also, there are enough buyers that every seller can afford to throw three or four buyers in the woods and still sell the gun in short order, so why would you choose the one that
stinks? Doesn't make much sense, unless you're selling junk or something nobody wants. If I have a choice between the guy who is like 'I got 600 cash now I can meet you at the dunks at so and so we can do the EFA10 on my phone or yours, I can meet you tonight after 6" and "Swan song shuffle complicated sale involving two people who smell like theyre trying to pull something f***ey" the former is going to win out, every time. Someone else can deal with that other crap, I'm usually already hating the fact that I have to sell a gun, anything that even introduces a c-hair of annoyance is not worth my time.
 
All this hot air
forgetaboutit

SO..
ARE YOU GOING TO SELL ME THE PIECE, OR HOLD IT FOR MY SON?

by the way, Maura enjoyed the shit out of this post
and when she comes for you, she will say, “ I read where you had some doubt.......”

.
 
ddraper said:
if you are really uncomfortable pop the $25 - $40 and have an FFL do to the xfer otherwise validate his LTC on the MA portal and if good sell away.
Click to expand...
  1. Do you propose that OP tell the FFL what's going on?
  2. How much will the FFL love the OP if it turns out to be a straw?
 
Fixxah said:
Wanna buy a long, threaded fuel filter with no element?
Click to expand...
How well does a My Pillow muffle a report?
Asking for a friend.
1_cUwsyAawEb6qiKOjDREAGA.jpeg
 
drgrant said:
No, more like people too stupid to responsibly talk to a seller? Has nothing to do with maura, or MA bullshit, communism, or even guns. I don't care if it's a gun or a set of golf clubs, if I catch someone "trying to drive around me", they will get told to f*** off. People do this shit at work and I just smile at them when they go down the hall, try to wallhack my authority- and then my boss tells them to f*** off, too. Now if the guy said "Hey my son so and so contacted you about buying the pistol, but he doesn't have his LTC yet. I have an LTC and would like to buy it instead, and when the license comes I want to give it to him after his birthday. " Or if the kid said "hey I am going to wait this one out, but my brother / dad is interested in this same gun and may be contacting you shortly" then NBD.... but the fart-dropping act the OP described, stinks. There's no reason to even entertain
that circus.

Also, there are enough buyers that every seller can afford to throw three or four buyers in the woods and still sell the gun in short order, so why would you choose the one that
stinks? Doesn't make much sense, unless you're selling junk or something nobody wants. If I have a choice between the guy who is like 'I got 600 cash now I can meet you at the dunks at so and so we can do the EFA10 on my phone or yours, I can meet you tonight after 6" and "Swan song shuffle complicated sale involving two people who smell like theyre trying to pull something f***ey" the former is going to win out, every time. Someone else can deal with that other crap, I'm usually already hating the fact that I have to sell a gun, anything that even introduces a c-hair of annoyance is not worth my time.
Click to expand...

That right there - why the relative LTC holder doesn't just come out and state "I'm buying this to hold for my son/nephew/brother". Possibly just too stupid. To me that explanation would qualify as reasonable/acceptable/morally-ok.

What would have bugged me from the get go is the person initially going dark. If I want something I am going to at least qualify any communication from the seller with a quick response, same if I want to sell.. In my eyes, either side of a deal, people who go dark for more than half a day are dysfunctional or not serious.
 
Were you picking up the fee? If he‘s not willing to do via FFL and you’re paying the fee then I agree... find another buyer
 
ThePreBanMan said:
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.
Click to expand...

This! Their is no such thing as a straw purchase in a private sale.
 

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