CMP question

[Tonymin]

So, I have this friend...
He is not a citizen but a legal resident. CMP won't sell to a non citizen. What if another friend was to buy two Garands. Receive them properly through an FLL and then transfer one over to the buddy that is not a citizen. Again, using an FFL.
This sounds like a legal transfer to me. Just circumventing the CMP citizenship requirement? Which is not a legal requirement, but a CMP policy?
I guess friend #1 should send the $19 fee and then after a week could sell it to friend #2?
Everybody involved is legally eligible to own the guns and all transfers are to be made through FFL's.
It is either that or the non citizen friend needs to talk his wife into some marksmanship match so she can purchase it for him as a gift and do the spousal transfer.
Thanks

[bigbossman]

I think that if you legally buy them though an 01 FFL and then later legally transfer them though an 01 FFL you don't have an issue.

Once you buy a gun from the CMP following their rules, they no longer have a say on the subject of who it goes to thereafter.

The "For Sale" sub-forum was full of Garands towards year end that folks bought from the CMP with the intent to flip/sell for a profit. Same deal, IMO.

[highpower790]

friend is still going to need a green card.

[Mustang]

You know, I see these kinds of questions posed in this forum often. The problem is that these transactions are questionable. You are asking stranger's opinions on legal matters, the outcome of which, if they go wrong, can have devastating effects on your ability to keep and possess firearms.

Why would you do that?

If the ATF does question the transaction, you have now publicly posted your intent, beforehand, to buy a firearm for another individual. Many people refer to that as a straw purchase.

Tell your buddy to find one on GB, pay a bit more for it, and then both of you can sleep better at night.

[Tonymin]

friend is still going to need a green card.

Legal resident = green card

[Tonymin]

You know, I see these kinds of questions posed in this forum often. The problem is that these transactions are questionable. You are asking stranger's opinions on legal matters, the outcome of which, if they go wrong, can have devastating effects on your ability to keep and possess firearms.

Why would you do that?

If the ATF does question the transaction, you have now publicly posted your intent, beforehand, to buy a firearm for another individual. Many people refer to that as a straw purchase.

Tell your buddy to find one on GB, pay a bit more for it, and then both of you can sleep better at night.

Nope, not me. It is just two friends of mine. And I didn't know the ATF cared about CMP rules. Both friends are legal gun owners already. And the transfer would be through an FFL, so proper DROS would be done.

[Mustang]

Read this and then decide how much risk you are willing to take so that your friend can save a few hundred bucks...

http://www.washingtontimes.com/news/2013/oct/15/miller-supreme-court-decide-if-buying-gun-lawful-p/

[2761377]

... intent, beforehand, to buy a firearm for a prohibited person. Many people refer to that as a straw purchase.
.

FIFY

[Tonymin]

Neither friend is a prohibited person. Friend #1 just doesn't fulfill all CMP requirements. But he fulfills all legal and DOJ requirements.

[Mustang]

FIFY

No, please allow me to fix it for you...

RTFA

" MILLER: Supreme Court to decide if buying a gun for a lawful person is a ‘straw purchase’ "

This is the problem with accepting legal opinions from people who really don't know the subject matter.

The ATF considers buying a weapon for another person to be a "straw purchase", whether the ultimate buyer is legal or not.

[Mustang]

Nope, not me. It is just two friends of mine. And I didn't know the ATF cared about CMP rules. Both friends are legal gun owners already. And the transfer would be through an FFL, so proper DROS would be done.

Apparently you do not understand that buying a gun for a nother person is considered a "straw purchase" by the ATF whether or not the ultimate buyer is legal or not.

It has nothing to do with the CMP purchase rules.

But please, feel free to get your legal advice from the anonymous posters on this website.

[Tonymin]

Interesting, and nuts. I guess friend #1 better have his wife get him an early Birthday present.

[M1NM]

Neither friend is a prohibited person. Friend #1 just doesn't fulfill all CMP requirements. But he fulfills all legal and DOJ requirements.

Then let him buy his own gun from a source that will sell to him. With your intent to resell to him one of your M1s upon receipt you have made a straw purchase.

[Mustang]

Interesting, and nuts. I guess friend #1 better have his wife get him an early Birthday present.

I would, at a minimum, wait for the SC to decide that matter before I engaged in the transaction that you described in your first post.

[dyson]

"Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.

In both instances, the straw purchaser violates Federal law by making
false statements on Form 4473 to the licensee with respect to the identity of
the actual purchaser of the firearm, as well as the actual purchaser's residence address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms from the licensee.

An example of an illegal straw purchase is as follows: Mr. Smith asks Mr.
Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the
money for the firearm. If Mr. Jones fills out Form 4473, he violates the law by
falsely stating that he is the actual buyer of the firearm. Mr. Smith also violates the law because he has unlawfully aided and abetted or caused the making of false statements on the form."

https://www.atf.gov/files/publications/download/p/atf-p-5300-4.pdf

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