Straw purchase info

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  • mybreathyourlung

    Active Member
    Aug 16, 2010
    125
    Hagerstown
    I recently purchased a long gun that I no longer have an interest in. A friend has expressed buying it from me but since it was a recent purchase I'd like to avoid anything that looks like a straw sale.

    How much time needs to elapse before you can sell a gun you just bought to someone else? If I bought a gun and sold it a day later, that certainly seems like an illegal sale. But is a week okay? A month? I couldn't find any info online.
     

    rj1974

    Ultimate Member
    Jan 31, 2011
    11,207
    Edgemere , md.
    As long as your friend can legally own it then its not a straw purchase . I have had people pick up firearms for me that were deals that I couldn't get to in time and have done the same for friends . Just be sure he is legal to own it and all is well.
     

    chale127

    Ultimate Member
    Nov 5, 2008
    2,616
    Brooklyn, MD
    No time defined by law. Just do it and keep a bill of sale.
    +1

    I think the INTENT of the straw purchase clause is to prevent someone from handing you money and purchasing a weapon then just handing it over to said person that could not purchase it legally
     

    lx1x

    Peanut Gallery
    Apr 19, 2009
    26,992
    Maryland
    And what are we selling ?????:D:innocent0

    ^^the most important question... ^^

    handgun/regulated firearms? if it is, you go via msp barracks.. its not considered straw purchase.. your friend still need to apply for regulated purchase.
     

    davsco

    Ultimate Member
    Oct 21, 2010
    8,607
    Loudoun, VA
    yeah i'd consider ffl (or in md, msp) doing their check/paperwork/transfer and paying the fee just so no even appearance of impropriety.
     

    Biggie313

    Molon Labe
    Feb 23, 2010
    1,223
    Essex
    ^^the most important question... ^^

    handgun/regulated firearms? if it is, you go via msp barracks.. its not considered straw purchase.. your friend still need to apply for regulated purchase.

    He said long gun in the first post. Assumed its non-regulated.
     

    mybreathyourlung

    Active Member
    Aug 16, 2010
    125
    Hagerstown
    Thanks everyone! Yes, he can legally own it in every way, so that's fine.

    Even though the odds of having to explain the sale are slim, I wanted to check and make sure anyway.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    As long as your friend can legally own it then its not a straw purchase . I have had people pick up firearms for me that were deals that I couldn't get to in time and have done the same for friends . Just be sure he is legal to own it and all is well.

    That's not true, straw sales can happen between parties who are all legal to own the firearm. I would also question the legality of your and your friends' actions if the purchases were made at FFLs. How can the person filling out the 4473 not be lying when they answer "yes" to the actual purchaser question?
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    Holy Moly..........OP if you bought the gun, don't like it, want to sell it, and your buddy can own it legally.........sell it.

    The regulated vs non-regulated is a different beast but if you know the difference then your good. Take your cash and buy a new gun.

    Keep a bill of sale. You will be fine and won't have to explain it.

    Guys I'm well aware we want to provide the best info possible but darn we get confusing.
     

    BenL

    John Galt Speaking.
    As long as your friend can legally own it then its not a straw purchase.

    I don't think that's correct; there's no correlation as to the eligibility of the second party. If you buy a gun for someone else, it's a straw purchase.

    In the context of United States federal gun laws, a straw purchase is defined as any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is acting as a proxy for another person. The law does not distinguish between someone who is purchasing on behalf of a person who legally cannot purchase or possess a firearm, and one who is not.

    That being said, I'm sure you're fine so long as it's unregulated and you get a bill of sale.
     

    rj1974

    Ultimate Member
    Jan 31, 2011
    11,207
    Edgemere , md.
    That's not true, straw sales can happen between parties who are all legal to own the firearm. I would also question the legality of your and your friends' actions if the purchases were made at FFLs. How can the person filling out the 4473 not be lying when they answer "yes" to the actual purchaser question?

    In his case; he bought it and didn't like it. He was the original buyer.

    The ATF also considers gifts not to be straw purchases; assuming everything is legit.

    http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf


    Yep they were all gifts :innocent0


    Nate I see you point and cant argue against it :thumbsup:
     

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