so what if

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amlevin wrote:

Right Wing Wacko wrote:

If MOM is paying for the gun, it's a straw purchase and both of them are in trouble. If the purchase is a gift for Mom, it should be ok.

At least thats the way I understand it.

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If both parties can legally posses a firearm it doesn't make any difference who pays or who buys it is not a "Straw Purchase". If one is not able to legally posses then it is a Straw Purchase. It is really rather simple.

BTW, if MOM is prohibited from owning a firearm for any reason then even a "gift" would be illegal.

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Unfortuatly thats not true.

From the BATF web site:

Keep in mind that a straw purchase is a purchase in which the actual purchaser uses someone else—a.k.a. the “straw person”—to purchase the firearm and complete the paperwork. Generally, the straw purchaser is used because the actual purchaser is not eligible to conduct a transaction because he or she is a felon or other prohibited person. However, a straw purchase occurs even when the actual purchaser is not a prohibited person. The crime committed is knowingly making a false statement on the Form 4473 indicating that the straw purchaser is the actual purchaser, when this is not the case. Additionally make sure you familiarize yourself and anyone who purchases a firearm as a gift with the rules associated with the ATF I 5300.2 pamphlet.

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Right Wing Wacko wrote:

If MOM is paying for the gun, it's a straw purchase and both of them are in trouble. If the purchase is a gift for Mom, it should be ok.

At least thats the way I understand it.

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IIRC Sarah Brady bought a 30.06 rifle as a Christmas present for her son. Lots of people screamed "straw purchase" at her, but was legal as both parties could legally own a gun.

Steve

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sv_libertarian wrote:

Right Wing Wacko wrote:

If MOM is paying for the gun, it's a straw purchase and both of them are in trouble. If the purchase is a gift for Mom, it should be ok.

At least thats the way I understand it.

Click to expand...

IIRC Sarah Brady bought a 30.06 rifle as a Christmas present for her son. Lots of people screamed "straw purchase" at her, but was legal as both parties could legally own a gun.

Steve

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IIRC A gift is a gift as long as the person can legally own the gun. However, it is a straw purchase, no matter what, if person A gives person B money to go buy a gun from C (C can be a shop or another person). This is NOT the same as B buying a gun from C with his own money, keeping it for a while, deciding he doesn't like it or needs money, and then selling it to A.

The whole point is that there is no logic in having person B buy the gun for you unless you are ineligible. If B wants to buy A a gift, that is fine... but A should have no logical/lawful purpose in having B buy him a gun with his own money.


Just think about this one logically; the law, IIRC, makes logical sense in this instance.

IANAL, I could be wrong as I don't have time to look it up right now, but that is how I remember it.

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joshmmm wrote:

The whole point is that there is no logic in having person B buy the gun for you unless you are ineligible. If B wants to buy A a gift, that is fine... but A should have no logical/lawful purpose in having B buy him a gun with his own money.

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Unless, of course, person A decides that whole bit about "the government deletes all information about a gun purchaser's identity as soon as the NICS is completed" is a bunch of malarkey.....

So...how many of YOU believe?

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Phssthpok wrote:

joshmmm wrote:

The whole point is that there is no logic in having person B buy the gun for you unless you are ineligible. If B wants to buy A a gift, that is fine... but A should have no logical/lawful purpose in having B buy him a gun with his own money.

Click to expand...

Unless, of course, person A decides that whole bit about "the government deletes all information about a gun purchaser's identity as soon as the NICS is completed" is a bunch of malarkey.....

So...how many of YOU believe?

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If you don't believe them I honestly don't know what to tell you other than to go buy a gun from a private seller...

That aside, the GAO performs audits, whistleblowers win when the expose a breach of the law, etc. I personally believe them 100% on this... and look at the thread about the voluntary appeal thread to see evidence of this deletion working...

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ohhh... yeah

my mommy likes her gun