Straw Purchase??? Me buying a gun, not for me... 4 scenarios

The whole thing is about your intent when you buy it. That's why there are so few prosecutions, it's hard to prove intent when you can change your mind literally right after buying it. As you walk to the door of the gun shop you realise you should not have spent that money, so you decide to sell it. You intended to keep it when you bought it, but you changed your mind.
I'm not good at remembering case names, but the two I recall were one where the buyer actually took a check from the person he was buying for before buying the gun and the memo was something like for gun. The other was a guy who basically told everyone who would listen that the gun wasn't for himself, including the dealer, just plain stupid.
The case with the check is Abramski
 
The question is ... how long do you have to own the gun before you can sell it to a licensed friend and not be considered a straw purchase?
1 week?
1 month?
1 year?
...

Straws are usually prosecuted off money flow, and using that to show intent. If there is 2nd or 3rd party money directly linked to the 4473 purchase, that's usually how people get hosed. It's more complicated than that obviously but that's usually what I've seen.
 
Hmmm how about "I intended to keep it, but then my buddy offered me more than I paid for it on the way out the door of the gun shop"? That's when you changed your "intent". But I wouldn't try that too often, it would be tough to get a conviction if it happened once, but 10 times in a month will sound a bit different to the jury.
if it was ten times in a month you might have another problem, with regard to profit motive, and acting as a dealer without a license... it's far more likely than a straw issue. Straws nearly always involve weird money flows OR prohibited persons.
 
I like to see what is in the bounds of the law.

I don't do any off this stuff but enjoy the discussion of the legalities.

The solvent trap thread was educational.

The DD214 / Glock deal thread was educational.

Constructive intent threads are educational.

81% lower threads are educational.

This thread was educational.

So many people get jacked up over technicalities.

I for one have bent over backwards to satisfy the intent and the letter of the law.
At great monetary expense! (credit card debts have lowered my credit rating - but I enjoy 0% interest)

Nobody going to jail for having a discussion.

We are all legal scholars here and debate is healthy and intellectual.
There is absolutely nothing legally challenging about your original post I'm not sure what the intent of this thread was... about as close as you could get to a problem, is based off of profit motive, but that pretty much applies in nearly everything. Unwashed people flipping guns run the risk of that all the time but it depends on what the volume is, and it depends on what the ATF thinks which is this nebulous thing.
 
The case with the check is Abramski
This is why I never went into law, unlike other members of my family, I can remember the case concepts and a fair amount of the details, I can craft a good argument, and present it well, but NAMES! I suck at names. Sometimes I'm surprised I can remember my own name, forget about anyone else's. It's been a problem my whole life, it's a curse. [angry]
 
The question is ... how long do you have to own the gun before you can sell it to a licensed friend and not be considered a straw purchase?
1 week?
1 month?
1 year?
...
Bought it Saturday morning, took it to the range that morning, shot it. Hated the trigger, hated the way it shot. Sold it that afternoon....
 
Back
Top Bottom