They go way beyond if the final posessor is a prohibited person. Don't believe me? Next time your at a shop whip out your cell phone and call a friend that's a gun owner and not a pp.........start talking about the price and if he likes the gun or not....mention you could pick it up for him.......within earshot of the clerk......come back to nes and let us know how that works out for you.
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Methuen Man Charged with Straw Purchase of Glock Firearms
- Thread starter bgoum
- Start date
I had almost this same scenario play out recently.
Was at a shop with a friend, he saw a new shotgun he wanted.
Said he didn't have the space for it/budget, since the shop didn't give him what he was looking for on a trade.
I offered to buy the Mossberg he was looking to sell and the clerk got all squirrelly. Seems me handing him cash for the shotgun he walked in there looking to sell, then him using those funds to buy a different shotgun was too close to the line for the clerk.
Sounds more like a misapplication of law- Bob is acting as a unlicensed dealer, not a straw purchaser, but the other half of the straw purchase rules have to go with wanting to not appear on the paperwork for having the gun- I ignored this aspect as this is Massachusetts and all transactions are logged through the MIRCS system.
Maybe I need to be more clear.
He and I went to a shop, he wanted to trade/sell a Mossberg towards a well engraved 1930's A-5.
They were only offering about 50% of what they had discussed originally, which left him short.
I offered to buy it from him for what he expected, he agreed, I handed him cash with the expectation that the shop would do the transfer.
The clerk was uncomfortable with me handing the cash to my friend, transferring his shotgun to me, and having him use what was my cash as part of his payment for the new shotgun.
(This was in PA, near my office)
What qualifies as a "straw" purchase isn't all that complication.
1. it's only sales from dealer (it's lying on the 4473).
2. it's buying a gun that will not be a "gift" to someone else.
3. it's intending to not keep the gun yourself.
It's all about you Intentions, that why it's hard to prosecute, they need to establish what you intended at the time of the purchase. Talking about it, sending a text, accepting a check with a note saying its for the gun (this happened).
The status of the final recipient of the gun does not matter.
Sworn LEO, Fed, State, Municipal, County (not civil process div)
No
No
Yes
1. it's only sales from dealer (it's lying on the 4473).
2. it's buying a gun that will not be a "gift" to someone else.
3. it's intending to not keep the gun yourself.
It's all about you Intentions, that why it's hard to prosecute, they need to establish what you intended at the time of the purchase. Talking about it, sending a text, accepting a check with a note saying its for the gun (this happened).
The status of the final recipient of the gun does not matter.
Sworn LEO, Fed, State, Municipal, County (not civil process div)
No
No
Yes
Dennis in MA
NES Member
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Back in the day, I talked with a guy online who was a Special deputy or something in another county. That was good enough to get a Glock from some dealer or other.
And it was posted by someone that a dealer was selling P365 in MA, but that's not lawful either. Some dealers are willing to take a risk. There was one that got caught selling Glocks, now he's the AG's bi@#$#$ch. It's all about what someone considers an acceptable risk. There are plenty of less risky, even unquestionably legal, ways of buying a Glock.
I remember a few years ago when Deval Patrick was screaming about gun show loopholes and etc.
GOAL cited the fact that there had never been a single prosecution for a straw purchase in the Commonwealth. Apparently we can't say that anymore.
silversquirrel
NES Member
Charged is not prosecuted. Update?
D
Deleted member 12999
I've sold a few Glocks that I bought on the badge. It was never short turnaround though, and they were all purchased/used often. I've never gotten a call or visit from anyone. I generally sell mine off and upgrade if there are generation changes that I'm interested in.
silversquirrel
NES Member
In any case, there is a prosecution for a straw purchase occurring in Massachusetts. The purchase happened at a Massachusetts gun store and it appears the illegal transfer took place via the Massachusetts FA 10 portal.
This should lead to an investigation of all law-enforcement personal transfers.
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