Could this be considered straw purchase?

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  • seawalker

    Member
    Apr 11, 2021
    13
    City GTTF
    Hey all,

    I just sold a handgun on gunbroker. This is my first time using the platform.

    The buyer emailed me that there might be a delay with his background check, and that if so, asked if I could change the name of the recipient to his wife, and she would under go the background check.

    So, the question is, would I be potentially aiding in a straw purchase or other legal issues OR, would it be ok since I am shipping it to his FFL, and that’s is their responsibility, I’m just the “supplier” I get the feeling I could be liable here

    Thoughts?
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,412
    If a buyer is sketchy, there will be other buyers. You're always free to pull the ripcord. I'd stick to if he is buying it, he's the one doing the paperwork. Online gun sales are a big target right now, I wouldn't put it past the current administration or one of the idiots in NY to launch multiple stings online to try to nab people on online auction sites.
     

    mpollan1

    Foxtrot Juliet Bravo
    MDS Supporter
    Sep 26, 2012
    6,535
    Мэриленд
    Hey all,

    I just sold a handgun on gunbroker. This is my first time using the platform.

    The buyer emailed me that there might be a delay with his background check, and that if so, asked if I could change the name of the recipient to his wife, and she would under go the background check.

    So, the question is, would I be potentially aiding in a straw purchase or other legal issues OR, would it be ok since I am shipping it to his FFL, and that’s is their responsibility, I’m just the “supplier” I get the feeling I could be liable here

    Thoughts?

    Oh hell no.
     

    MattTheGunslinger

    Ultimate Member
    Jul 26, 2010
    1,373
    Baltimore county
    I wouldnt do it. The buyer will most likely be mad. DO NOT LET HIM BULLY YOU INTO SELLING!!! I canceled a sale on gunbroker once. Super sketchy dude. The buyer was furious and threatened to get the ATF involved. I told him thats cool. Ill just forward all the emails to them so they can take a look for themselves. That was the end of that. lol.
     

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    His name wouldn’t be G. Gordon Liddy by any chance? I hear his wife has a nice gun collection.

    Yes. I know he passed, but he used to talk about his wife’s Guns.
    he used to talk about his show assistant's "guns" a lot also...:innocent0
     

    ericoak

    don't drop Aboma on me
    Feb 20, 2010
    6,806
    Howard County
    As far as I am aware, straw purchase laws are related to sales by FFLs, but I’m not a lawyer and it may be a potential headache to avoid.

    Edit: MD law says be part of a straw purchase. I could see a prosecutor trying to include the seller in that. Beat to avoid.
     

    Mightydog

    Ultimate Member
    MDS Supporter
    So he’s doing the paperwork and she’s doing the background check? I would thing the FFL would ensure the same person whose signature is on the paperwork is also the one put in the system. Name isn’t Hunter is it? Run don’t walk!!!
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,501
    DE
    The OP should just ignore the email from the purchaser. Once he has been paid, shipped to the FFL and it is in their hands, the transaction has been completed. The FFL can do whatever he feels is legal and comfortable.
     

    85MikeTPI

    Ultimate Member
    Jul 19, 2014
    2,699
    Ceciltucky
    IANAL. I'm going against the grain and say anything illegal the buyer would be doing is between them and the FFL. There's no "paperwork", only
    a shipping label being created between the seller and the FFL. Whomever picks up the firearm and fills out the paperwork and background checks
    would be answering the questions.

    I could see situations where someone buys a firearm because their friend/family doesn't have a gunbroker account, and has it shipped to an FFL
    in the name of the friend/family. I don't believe any laws would be broken?

    But it's your ultimate right to walk away from any buyer you feel doesn't give a legit good feeling.

    again, IANAL
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,592
    Glen Burnie
    I'm with everyone else who says they'd bail on it. There's no way in hell I'd continue with that deal.
     

    Glaron

    Camp pureblood 13R
    BANNED!!!
    MDS Supporter
    Mar 20, 2013
    12,752
    Virginia
    I would be concerned. You cant say you didn't know. You have a digital trail here now.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,154
    There are brick and mortar gun stores that won't sell if the husband is standing next to the wife and advising her on a gun purchase if he gives too much advise even if she is doing the paperwork and he never touches the gun.
     

    Trigger Time

    Amazed
    MDS Supporter
    Feb 23, 2013
    1,231
    For one thing, there would be no "delay" until the buyer went to pick-up the gun from the FFL anyway.
     

    bigmancrisler

    2A Preacher
    Jun 4, 2020
    1,263
    Martinsburg, WV
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