Straw purchase info

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  • zombiehunter

    Ultimate Member
    Jul 8, 2008
    6,505
    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.

    Straw purchase requires you to buy a gun for someone who isn't allowed to own a gun.
     

    co26666

    Member
    Sep 23, 2011
    31
    Ellicott City
    In maryland, i know you have to go to the msp to do a pistol transfer. Is this to make sure i'm not prohibited from owning one or because they are linking my name and address to that gun?
     

    Ieatpeople

    Active Member
    Dec 15, 2009
    209
    In maryland, i know you have to go to the msp to do a pistol transfer. Is this to make sure i'm not prohibited from owning one or because they are linking my name and address to that gun?

    you have to go to msp or an ffl to do a regulated firearm transfer. as for the rest of your question, yes they are checking if you are legal to own a firearm, and yes they most likely will link that firearm to you.
     

    mvee

    Ultimate Member
    MDS Supporter
    Dec 13, 2007
    2,491
    Crofton
    Straw purchase requires you to buy a gun for someone who isn't allowed to own a gun.
    According to theATF faq a straw purchase does not require one to be a prohibited person.

    http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf
    p165

    15. STRAW PURCHASES
    Questions have arisen concerning the
    lawfulness of firearms purchases from
    licensees by persons who use a "straw
    purchaser" (another person) to acquire
    the firearms. Specifically, the actual
    buyer uses the straw purchaser to execute
    the Form 4473 purporting to show
    that the straw purchaser is the actual
    purchaser of the firearm. In some instances,
    a straw purchaser is used because
    the actual purchaser is prohibited
    from acquiring the firearm. That is to
    say, the actual purchaser is a felon or is
    within one of the other prohibited categories
    of persons who may not lawfully
    acquire firearms or is a resident of a
    State other than that in which the licensee's
    business premises is located.
    Because of his or her disability, the person
    uses a straw purchaser who is not
    prohibited from purchasing a firearm
    from the licensee. In other instances,
    neither the straw purchaser nor the actual
    purchaser is prohibited from acquiring
    the firearm.
    In both instances, the straw purchaser
    violates Federal law by making
    false statements on Form 4473 to the
    licensee with respect to the identity of
    the actual purchaser of the firearm, as
    well as the actual purchaser's residence
    address and date of birth. The actual
    purchaser who utilized the straw purchaser
    to acquire a firearm has unlawfully
    aided and abetted or caused the
    making of the false statements. The
    licensee selling the firearm under these
    circumstances also violates Federal law
    if the licensee is aware of the false
    statements on the form. It is immaterial
    that the actual purchaser and the straw
    purchaser are residents of the State in
    which the licensee's business premises
    is located, are not prohibited from receiving
    or possessing firearms, and
    could have lawfully purchased firearms
    from the licensee.
    An example of an illegal straw purchase
    is as follows: Mr. Smith asks Mr.
    Jones to purchase a firearm for Mr.
    Smith. Mr. Smith gives Mr. Jones the
    money for the firearm. If Mr. Jones fills
    out Form 4473, he violates the law by
    falsely stating that he is the actual buyer
    of the firearm. Mr. Smith also violates
    the law because he has unlawfully aided
    and abetted or caused the making of
    false statements on the form.
    Where a person purchases a firearm
    with the intent of making a gift of the
    firearm to another person, the person
    making the purchase is indeed the true
    purchaser. There is no straw purchaser
    in these instances. In the above example,
    if Mr. Jones had bought a firearm
    with his own money to give to Mr. Smith
    as a birthday present, Mr. Jones could
    lawfully have completed Form 4473.
    The use of gift certificates would also
    not fall within the category of straw purchases.
    The person redeeming the gift
    certificate would be the actual purchaser
    of the firearm and would be properly
    reflected as such in the dealer's records.
     

    mopar92

    Official MDS Court Jester
    May 5, 2011
    9,513
    Taneytown
    Simple did you have to wait about seven days to pick up the firearm? If yes its regulated and has to go through an FFL. If not face to face is okay. No FFL is needed but I would recommend one just to be on the safe side.
     

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