Interesting problem-straw purchase?

[Sir William]

A long time friend asked me about a straw purchase. The situation was explained to me in the following manner. A buys a Winchester LA rifle. A dies. As widow has the LA rifle. B is As close friend and As widows sisters live-in. B is a convicted felon from a violent crime involving firearms, a mental health court commit, a convicted spouse abuser and ATM fraud convict. B is barred from owning firearms. As widows sister and B live together. They need some money. They suggest As widow pawn the LA rifle and give them the money. She does pawn the rifle and gives them the money. B is now wanting the LA rifle to shoot coyotes on their property. I say if As widow pays the LA rifle out of hock and turns it over to B, it is a straw purchase, felonies all the way around and even the pawn shop owner could be charged if he is aware of the situation. What are your thoughts?

 

[perception]

My take on the situation is that it is still illegal to hand over the gun to a felon, but this does not qualify as a straw purchase as no purchase was made. If the gun had been outright bought from the pawn shop it would have been a straw purchase, but it was never bought, just collected.

 

[blackmind]

It sounds as though we need a repeat of the "pawn-shop clerk hands over loaded firearm to would-be customer and it goes off, killing would-be customer."

"B" sounds like a real scumbag, and if a happy accident just had to happen with that rifle, he's a real good candidate for it.


Why anyone would hang around that guy, much less have him for a "live-in," is beyond me.

...It ain't like he's got money that she's after.

Is he packin' a roll of silver dollars in his pocket or something? I mean really!

The idea that anyone's considering giving this guy a rifle... :barf:


-blackmind

 

[Hal]

What are your thoughts?

If this were 1967, this wouldn't even be a topic of discussion....
That's my thought...

 

[joab]

No straw purchase at all if

Widow A uses her own money to get the rifle out of hock and then gifts it to Felon Scumbag B

Straw purchase has nothing to do with whether the receiver is qualified to have the gun, it is only interested in who's money is used to get it.

But I imagine that, depending on the state ,there are a few other laws being broken

 

[zejs1]

I suggest you check with the ATF over this situation. As far as I know, a background check and a 4473 form are now required to redeem your gun from pawn. I suspect chances are very good this does qualify as a straw man purchase. She is effectively buying the gun for someone prohibited from owning it.

 

[joab]

She is effectively buying the gun for someone prohibited from owning it.

As long as she is using her own money and gifting it to the guy then it is not a straw purchase whether the guy is a felon or not

If he gives her the money to make the purchase it is then a straw purchase whether the guy is a felon or not