Cert. Granted on Arbramski, Defining "Straw Buyers"

[kludge]

As I understand Indiana law, you can legally gift a handgun to your child [STRIKE]who is at least 18 years old[/STRIKE].
No paperwork required.

FIFY.

 

[cook4army]

Thanks for the info!!

 

[JettaKnight]

What if I wanted to purchase a pistol for my daughter after she was 18 to carry, how would i go about that after shes recieved her LTCH (even though I know she doesnt need a LTCH to actually own a pistol).

Like others said, gifting to a family member is OK. There are BATFE FAQs on this topic out there on the interwebz.

So, my buddy laments that he can't find a Raven 25 anywhere and I tell him they are plentiful around me and I'll get him one. I buy one from a dealer, filling out all the paperwork, and then sell it to him. He is not prohibited from owning it. Whether we go through a dealer or not, that would be a violation?

Yes. The correct way is to have your buddy call the dealer and buy it himself. He can then have to dealer ship to his local dealer for the F4473 to occur.

If so, how can one ever sell any firearm to any other individual without violating the law?

It's a bit of a straw man argument, but... It's simple, don't buy a gun with the intention of selling it.


In the words of Lloyd Dobler, "I don't want to sell anything, buy anything, or process anything as a career. I don't want to sell anything bought or processed, or buy anything sold or processed, or process anything sold, bought, or processed, or repair anything sold, bought, or processed. You know, as a career, I don't want to do that."

 

[Hotdoger]

'Fast and Furious' is Ok, But The Innocent Gun Buyer Goes to Prison

'Fast and Furious' is Ok, But The Innocent Gun Buyer Goes to Prison - Michael Schaus - Townhall Finance Conservative Columnists and Financial Commentary - Page 1

 

[Lebowski]

Interesting... I know someone who gets a discount because of his job, and he was going to get himself something new for his birthday. I told him if I have the cash at the time, I'd like something too... So, is this to say he can't purchase something for me? (Even though I am legal to own/possess/carry?)

What is the difference between that, and him 'having it for a week and deciding he wanted to sell it?' and me being the purchaser then?

 

[Doug]

Interesting... I know someone who gets a discount because of his job, and he was going to get himself something new for his birthday. I told him if I have the cash at the time, I'd like something too... So, is this to say he can't purchase something for me? (Even though I am legal to own/possess/carry?)

What is the difference between that, and him 'having it for a week and deciding he wanted to sell it?' and me being the purchaser then?

The difference is intent.
He is buying it intending to sell it to you. He is not intending to keep it. It may be different if he buys it intending to sell it to some unnamed individual in the future.
If he buys it intending to sell it to you, it is an illegal straw purchase, unless he is a dealer and does full paperwork as such.

 

[remauto1187]

Im wondering who that police officer ticked off. They are going after him!

 

[NathanJefferson]

So I get the 'intent' part of not buying it with the intent to sell to a person, or buying it 'for' a certain person.

But what about buying it with the intent to sell it for a profit, you do not have a 'person' you intend to sell it to, just a price?

I know that's kinda splitting hairs, but I'm curious...

 

[Doug]

So I get the 'intent' part of not buying it with the intent to sell to a person, or buying it 'for' a certain person.

But what about buying it with the intent to sell it for a profit, you do not have a 'person' you intend to sell it to, just a price?

I know that's kinda splitting hairs, but I'm curious...

As I understand it, the problem there is that if you're buying to resell, you're acting as a dealer and they want you to be licensed.
Maybe if you bought it for an investment?
That implies you're going to keep it longer.

 

[HoughMade]

Im wondering who that police officer ticked off. They are going after him!

Look up the whole story on this and you will get your answer....better yet, just read this:

http://www.ca4.uscourts.gov/opinions/Published/114992.p.pdf

 

[Phil502]

Look up the whole story on this and you will get your answer....better yet, just read this:

http://www.ca4.uscourts.gov/opinions/Published/114992.p.pdf

So they think he got away with bank robbery, now it makes sense, just charge him with anything you can, since you can't prove robbery....

 

[HoughMade]

So they think he got away with bank robbery, now it makes sense, just charge him with anything you can, since you can't prove robbery....

That seems to be the genesis of the prosecution.

 

[Lebowski]

Now, how would one go about proving intent? This seems like such a silly law to me. So, if I can get a good deal on a gun because I'm friends with the LGS owner (for example), I can't go in there and buy one for a buddy. I get that is illegal if my intent is to resell it to a particular person. But how could that be proven? How could someone prove someone's "intent"? (Assuming they didn't post about it publicly like here)

What is the punishment for a straw purchase? Would you lose your 2nd amendment rights? Would your LTCH be revoked? Would SWAT enter your house at 3AM, shoot your dog and throw you on the floor (I kid, I kid)? Or do you just get a fine or a warning?

What if I want to buy a gun for myself, knowing that I may not like it but I got a buddy who said he wanted one? Is it a straw purchase if I buy it, use it, decide I don't like it/it's not for me (grip doesn't feel good, I don't like the mag release, yadda yadda) and sell it to my buddy who had an interest in it?

Curious to learn more.

 

[Doug]

It seems to me that, for the most part, you have to convict yourself of this crime, unless your buddy turns you in.
I wanted every gun I ever bought. I got tired of some of them and sold them to other people who could legally buy them.

If asked, shut up.