Straw Puchcase

[carlson1]

I tell a man I am going to buy his revolver. Because of health reason I cannot go, but my wife takes the money and meets him. He says he cannot sale because it would be illegal. He called it a straw purchase. Any help just to enlighten my little brain would be a help.
Thanks.

[shortysboy09]

Basically strawman purchases are where someone who is legal to buy a firearm goes out and purchases for a person who is unable to buy a firearm, usually that person cannot purchase due to legal reasons. Here's the definition of strawman purchases.
http://en.wikipedia.org/wiki/Straw_purchase

Your wife could have said it was a gift to you and it would have made it perfectly legal.

[seamusTX]

A spouse buying a firearm for the other spouse who is not a "prohibited person" is certainly not a straw purchase according to the intent of the law. I have bought all of my wife's growing assortment to avoid the typical gun store condescension and barnyard waste.

However, what you described falls into a gray area in terms of the wording.

BATFE used to have an online FAQ that stated that buying a firearm as a gift for a relative was not a violation of federal law. I can't find that particular item now.

(The FAQ is here: http://www.atf.gov/firearms/faq/" onclick="window.open(this.href);return false;)

This document discusses straw purchases on page 165: http://www.atf.gov/publications/downloa ... 5300-4.pdf" onclick="window.open(this.href);return false;

If the seller is not comfortable completing the sale on his terms, you're probably not going to persuade him to do otherwise.

- Jim

[JNMAR]

For the seller to worry about it seems rather silly to me. If I sell you a gun and it is legal for you to own it, I have no way of knowing what your ultimate purpose is with the gun nor is it my responsibility to see to it that you don't give it or sell it to someone else. Correct?

[seamusTX]

It depends upon whether the seller has an FFL or not.

A licensee is supposed to watch out for straw sales and other falsification.

An unlicensed individual has to avoid knowingly selling to a prohibited person, but is not required to perform anything like a background check (Texas PC 46.06).

IANAL, etc.

- Jim

[JNMAR]

You're right again Jim, I was assuming it to be a FTF sale with an unlicensed seller.

[seamusTX]

Thanks.

Some unlicensed individuals are cautious about selling to strangers. I can't blame them. I wouldn't do it. Who wants to sell something to someone and find the cops on their doorstep a month later because it was used in a robbery or murder?

- Jim

[Oldgringo]

I think question 12. a. on ATF Form 4473 is "...are you the purchasing the gun for yourself..." or something like that.

Your wife needs to fill out the form as if she is the purchaser of the gun for herself. Afterall, isn't everything you have together JTWROS? If so, she is the owner and you have 'fringe benefits'.

[gigag04]

Wonder if Texas common property law comes into play with this.

[carlson1]

Thanks for the help. Neither party is FFL. There are no forms or fees associated with this deal.

[KC5AV]

In that case, they seller was just being overly cautious.

[seamusTX]

Wonder if Texas common property law comes into play with this.

It's a mixed bag.

Community property is mostly relevant to divorce and ownership of real estate, maybe bankruptcy. The feds recognize it when they want to and refuse to recognize it when they don't want to.

- Jim

[Trele6]

Does the purchase of a gun as gift matter if the purchaser is a resident of a different state than the giftee? I live in Texas, but have family in Louisiana..

[seamusTX]

To legally transfer a handgun to a resident of another state, you either have to go through an FFL in that state or take the very inconvenient route of dying and leaving the weapon to the other person in your will.

Long guns also have to go through an FFL, but the transfer can take place in any state.

- Jim

[JNMAR]

To legally transfer a handgun to a resident of another state, you either have to go through an FFL in that state or take the very inconvenient route of dying and leaving the weapon to the other person in your will.

Long guns also have to go through an FFL, but the transfer can take place in any state.

- Jim

When you say "legally transfer" are you speaking of a sale? What about a gift if it's not shipped? Specifically let's say I go to Nebraska...no make it South Dakota Pheasant hunting and the land owner has been a been a very gracious host. He really likes one of my hand guns and/or shotguns and I decide I'll just give it to him. There's no transfer paperwork involved is there? Providing he can legally own a gun in his state what comes into play regarding the gift/s?