imported post
TFred wrote:
Hawkflyer wrote:
Peter is right, this has come up before.
There is no exception in the law for straw purchase of a firearm for a person NOT otherwise disallowed. Straw purchases for any reason are proscribed by the law.
That said, it seems to be legal to buy a gift for someone, but you better be careful in this area as well.
IANAL, your mileage may vary, following advice from internet forums can cause headache, diarrhea, death, hair loss or other undesirable side effects.
Regards
This is what I see all over the place. Assertions, but no cites to code.
The Form 4473 says it, but that is not code. And that is for dealers.
I would really like to see it in the code.
TFred
So, is your question "what makes it illegal for a licensed dealer to transfer a firearm to you if you are not the actual purchaser?" As in the example on the back of the form?:
"Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT the actual buyer of the firearm and must answer “no“ to question 12a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual buyer of the firearm and should answer “yes” to question 12a."
In trying to find where in the code that is illegal, I turned to the definitions and think I may have found the answer (USC Title 18, Chapter 44 §921(11)).
(11) The term “dealer” means
(A) any person engaged in the business of selling firearms at wholesale or retail,
(B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or
(C) any person who is a pawnbroker. The term “licensed dealer” means any dealer who is licensed under the provisions of this chapter.
If you are taking money or any form of compensation from someone for the purposes of furnishing them with a firearm from a licensed dealer, then you are engaged in the business of selling firearms at wholesale or retail, i.e. a dealer. If you are not licensed, then you are in violation of Title 18, Chapter 44 §923(a).
That's all I can figure, since a "straw purchase" is not explicitly forbidden in any other section of Title 18 Chapter 44.
And since there's nothing else in USC Title 18 Chapter 44 or VA Title 18.2 that prohibits giving a firearm to a non-prohibited person and purchasing the firearm with your own money means that the business transaction with the licensed dealer ends with you: Your gift of the firearm is not part of the business transaction and so it is legal.