Purchasing firearms online question

[rcm192]

I always make sure when doing transfers that the names match up. Hopefully i dont encounter anything like this anytime soon or at all.

 

[Dranrab]

Intention can be hard to know.

Let's take the online piece out of the equation.

You and I walk into a LGS, we look at several guns and pick one out for you. As you start filling out the 4473 I pull out my wallet and get the cash to pay for the gun.
If you are the intended recipient of the gun we are legal, but the clerk/owner of the LGS doesn't know if I am just paying for the gun for you, or if you are just filling out the 4473 for me. The clerk/owner may then not sell the gun because it looks like it may be a straw purchase.

The same is true of the original scenario, while legal as described, it could look suspect and cause the FFL dealer to not go through with the transaction.

It may look like a straw purchase, but it isn't. There is nothing in the law that precludes someone from giving a someone who can legally own a firearm the money to buy it. What if I take a gift card into the store and buy a gun with it? Most people don't buy gift cards for themselves, so it's obvious that the money came from someone else. The source of the money isn't brought into question in federal law. Well, I suppose if the money was in some way the fruit of a crime and the person receiving the money knew it, that could be an issue. In the OPs scenario it is perfectly legal.

 

[whitsend]

It may look like a straw purchase, but it isn't. There is nothing in the law that precludes someone from giving a someone who can legally own a firearm the money to buy it. What if I take a gift card into the store and buy a gun with it? Most people don't buy gift cards for themselves, so it's obvious that the money came from someone else. The source of the money isn't brought into question in federal law. Well, I suppose if the money was in some way the fruit of a crime and the person receiving the money knew it, that could be an issue. In the OPs scenario it is perfectly legal.

You must have misread my post. I agree it is legal, but if it looks possibly suspect the dealer can, and should, not do the transfer.

The scenario given just has the potential to get complicated. If there is no other way to do the deal, make sure you talk to the FFL dealer first to make sure they understand the situation.

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[Dranrab]

You must have misread my post. I agree it is legal, but if it looks possibly suspect the dealer can, and should, not do the transfer.

The scenario given just has the potential to get complicated. If there is no other way to do the deal, make sure you talk to the FFL dealer first to make sure they understand the situation.

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It's only complicated to people who don't understand the law. There are plenty of those people who sell guns. And yes, an FFL holder should deny a sale if they don't understand how the law relates to a given situation.

 

[SpeedRacer]

You must have misread my post. I agree it is legal, but if it looks possibly suspect the dealer can, and should, not do the transfer.

The scenario given just has the potential to get complicated. If there is no other way to do the deal, make sure you talk to the FFL dealer first to make sure they understand the situation.

Sent from my SM-G900V using Tapatalk

This. Another way to look at it, two guys come into the store. A guy says "I'll take that one" and starts filling out the paperwork. Then they head to the register and the other guy slips the dealer the cash. Even though there are tons of reasons that may be totally logical, it would just look shady as hell. As with anything ATF, it's all grey area and I think it would really be a judgement call on the FFL's part at that point. Like whit said, just talk to them beforehand and let them decide.

 

[Suburbazine]

I once denied a transaction like the one described by the OP. It's just plain fishy and very much a BAIT-T-F-E move.