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View Full Version : Parents buying handgun for kid is not straw purchase (?)


safewaysecurity
04-22-2011, 1:42 AM
So I was reading through a recent reply brief for a motion to dismiss or summary judgement in the case of Jennings v BATFE ( formerly known as D'Cruz v BATFE ) and I saw the AG right this as a defense of why the ban on FFLs selling to 18-20 year olds was constitutional

(“There is no
2
reported case in which a minor’s parent has been deemed an illegal ‘straw’ purchaser for the minor.
[ATF’s] interpretations of the [Gun Control Act, 18 U.S.C. 921 et seq. (“1968 Act”)] have always
acknowledged parental purchases as an exception to the ban on sales to minors.”); ATF Chief
Counsel Op. 23362 (Dec. 5, 1983), App. 3-5. Indeed, none of the individual plaintiffs maintain


Apparently the ATF interprets the Gun Control Act of 1968 to exempt parents from the straw purchase language in order for them to buy guns for their 18-20 year old children. Did I dicover something new? Because I was told that if the parent bought the gun with the INTENT of giving it to their kid then it was considered a straw purchase but this apparently says otherwise.

I've been following this case quite closely because it interests me and I think it's important. YOu can read the motion here http://patrickjcharles.files.wordpress.com/2011/04/jennings-v-atf-msj-reply-brief1.pdf

Librarian
04-22-2011, 2:09 AM
I don't think that's new. Parents have been buying gifts for their children for a long time.

Federally, the law is just an obligation on FFLs. In California, the law is an obligation on everyone - except parents/grandparents may use the intrafamilial route to give handguns to their 18-19-20 year old children or grandchildren.

Look at this BATF fact sheet (http://www.atf.gov/publications/factsheets/factsheet-dont-lie-campaign.html):The Department of Justice’s Project Safe Neighborhoods initiative has enhanced the program by providing funding to raise public awareness of the criminality involved in purchasing a firearm for a prohibited person. Seems like BATF chooses to enforce the law relatively sensibly.

Joe
04-22-2011, 2:13 AM
I don't think that's new. Parents have been buying gifts for their children for a long time.

Federally, the law is just an obligation on FFLs. In California, the law is an obligation on everyone - except parents/grandparents may use the intrafamilial route to give handguns to their 18-19-20 year old children or grandchildren.

Look at this BATF fact sheet (http://www.atf.gov/publications/factsheets/factsheet-dont-lie-campaign.html): Seems like BATF chooses to enforce the law relatively sensibly.

Good info here.

Joe
04-22-2011, 2:15 AM
OP, lots of people have had their parents buy them guns as gifts. I got my glock19 as my first handgun when I was 19. My dad bought it new, brought it home, and we filled out the paperwork and sent it in.