Strawman Purchases

[ahenry]

Recently I was discussing firearm purchases with a friend of mine and we disagreed on something. In order to resolve the issue I figured the bright minds at TFL would be willing to help.


Is it a “strawman” purchase (and consequently illegal) to purchase a firearm for another individual who is not prohibited from owning or purchasing firearms? In other words, is it illegal for me (legal firearms owner) to go buy a 1911 with the intent of giving it to my friend (also a legal firearms owner)? My contention is that it is not illegal, his contention is that I should technically make him (the gift recipient in the hypothetical situation) fill out a 4473. Any legal scholars out there that can clear this up?

 

[shootist2121]

Most ATF and dealers would conclude that what you are doing IS A STRAW PURCHASE. Hence ILLEGAL.

It is even considered by some that even purchasing for a gift like you son or daughter is also illegal..Though Sarah Brady did it for her son.

Just my opinion.

I wouldn't do it for a friend. Just imediate family like my son or daughter..

 

[Goet]

I always thought gifts were exempt.

 

[Zander]

Disclaimer: Not a lawyer nor do I play one on TV.

It's not a strawman purchase where a gift is involved.

You could buy that 1911 and give it to your 13-year old daughter [if you have one], for instance. She can't buy it from a dealer but she can legally own it.

But you have the key...if you have no knowledge that the giftee is prohibited, you're good to go.

 

[bastiat]

research the sarah brady fiasco. She bought a gun for her son, who was in no way prohibited from buying the gun on his own.

If the person you are buying the gun for is not restricted from buying or owning the gun, you should be good to go. Of course, occupied states will probably have some bizarre laws that prohibit it.

 

[EOD Guy]

As long as it is a true gift, the purchase is legal and is not a straw purchase. That situation is covered in the instruction sheet for the 4473.

 

[Halffast]

An interesting side note. Grandma wants to buy her grandson, who just graduated the police academy, a new Glock. She calls the gun shop and asks them to put it on her credit card and he will come pick it up and fill out all the paperwork. Guess what?? That is a straw purchase because the grandson is not the "actual purchaser"! So what does the gun store do? They sell Granny a gift cercificate over the phone for the exact amount, including tax, of a new Glock that sonnyboy can pick up and use to buy whatever he wants. He comes in, gets the GC and buys, suprise, suprise, a brand new Glock.

 

[Hkmp5sd]

While under 18 and 21, I bought myself several 'gifts' through my parents. Go to the gun shop, pick out what I want, give my accompanying parent the money, let them do the paperwork, then they would give me my new present. Nice of them, I think. Back in those days, with paperwork on bullet purchases, they had to do that too. Guess I was a lot of trouble as a teenager.

 

[Vladimir_Berkov]

Halffast, not exactly.

If "Grandma," buys a Glock with her own funds, even if she anticipates giving it as a gift to her grandson the very next minute, it is not a strawman purchase.

In this case "Grandma," is the "actual purchaser of the firearm," or so the form goes. She is paying for it, she does the NICS check, etc. What she does with her purchase after it is in her hands is her business.

Here is an example of a strawman purchase.

Grandson, who is a convicted felon, asks his Grandma to go to the gunstore and buy that Glock 17 he wants. He hands her several hundred in cash to make the purchase. Grandma goes to the store, lies on the form, does the NICS check, and then later gives the Glock to Grandson.

In this second case, Grandma is not the actual purchaser of the handgun, Grandson is. Grandma is an intermediary whose is solely involved because Grandson is unwilling (or unable) to go to the gunstore and have the background check run and form filled out.

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