Unconfigured Ad Widget

Collapse

Is this a thing?

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • IEatZ28
    Senior Member
    • Jan 2011
    • 2345

    Is this a thing?

    Is it a thing for someone with a C&R to buy in this case the romy Tokarov and register it and then sell it to someone else and they register it? Not really a straw purchase or whatever cause it's legally being bought and transferred? Or is it illegal?
    Looking for more Mosins
    sigpic
  • #2
    Armistice
    Veteran Member
    • May 2013
    • 2668

    Originally posted by nick9130White
    Is it a thing for someone with a C&R to buy in this case the romy Tokarov and register it and then sell it to someone else and they register it? Not really a straw purchase or whatever cause it's legally being bought and transferred? Or is it illegal?
    An 03 is not a business license. It's supposed to only be for collecting

    However, I dont see a problem with said situation, but why do that? Cut out the middle man and just buy it

    Or is the middleman buying from an 03 only dealer to sell to the end buyer? Still odd, but I see nothing illegal about it really
    March 29- April 5, 2019- The Million Mag March. Thank you, Judge Benitez and all the vendors

    Originally posted by ThemBastards
    Judging from the last shoot I think we are the wrong group to ask about sighting in Mosins haha.
    Originally posted by knucklehead0202
    I don't want dreamcatchers or AR crap, I want ugly old guns!

    Comment

    • #3
      ccandgc
      Senior Member
      • Jun 2008
      • 2142

      Just my $.02, personally would be too close to a straw purchase. I wouldn't do it. Others might.....
      -Chad

      Comment

      • #4
        IEatZ28
        Senior Member
        • Jan 2011
        • 2345

        I can't find one locally I want one so bad I just don't want to put any one out or get anyone in trouble
        Looking for more Mosins
        sigpic

        Comment

        • #5
          thenodnarb
          Veteran Member
          • May 2009
          • 2603

          buying with the intent to resell requires the right license. LAPD officers were doing something similar and the ATF busted them. Buying one and later deciding to sell it is a different story.

          How I Powder Coat Pistol Bullets
          How I Powder Coat Rifle Bullets

          Comment

          • #6
            Mssr. Eleganté
            Blue Blaze Irregular
            CGN Contributor - Lifetime
            • Oct 2005
            • 10401

            Originally posted by nick9130White
            I can't find one locally I want one so bad I just don't want to put any one out or get anyone in trouble
            Why don't you order one from the same place the C&R FFL was going to order it from and have it shipped to your local dealer?
            __________________

            "Knowledge is power... For REAL!" - Jack Austin

            Comment

            • #7
              thenodnarb
              Veteran Member
              • May 2009
              • 2603

              Originally posted by ccandgc
              Just my $.02, personally would be too close to a straw purchase. I wouldn't do it. Others might.....
              a straw purchase is buying a gun for someone who is prohibited from possessing a gun. Buying a gun for a family member as a gift,or for a friend as a gift, is ok, as long as the transfer is done legally. Its done all the time in other states. here it requires more FFL fees and wait times.

              How I Powder Coat Pistol Bullets
              How I Powder Coat Rifle Bullets

              Comment

              • #8
                Mssr. Eleganté
                Blue Blaze Irregular
                CGN Contributor - Lifetime
                • Oct 2005
                • 10401

                Originally posted by thenodnarb
                a straw purchase is buying a gun for someone who is prohibited from possessing a gun.
                ATF and the U.S. Supreme Court disagree with you on this.
                __________________

                "Knowledge is power... For REAL!" - Jack Austin

                Comment

                • #9
                  Armistice
                  Veteran Member
                  • May 2013
                  • 2668

                  Link the correct verbage please as what Nodnarb said is how I have been hearing it for the last few yrs I've been here
                  March 29- April 5, 2019- The Million Mag March. Thank you, Judge Benitez and all the vendors

                  Originally posted by ThemBastards
                  Judging from the last shoot I think we are the wrong group to ask about sighting in Mosins haha.
                  Originally posted by knucklehead0202
                  I don't want dreamcatchers or AR crap, I want ugly old guns!

                  Comment

                  • #10
                    thenodnarb
                    Veteran Member
                    • May 2009
                    • 2603

                    ATF and the U.S. Supreme Court disagree with you on this.
                    From the NSSF flyer which the ATF partnered with to advertise their "don't lie for the other guy" campaign:

                    "What is a straw purchase?
                    A straw purchase occurs when the
                    actual buyer of a firearm is unable to
                    pass the required federal background
                    check, or does not want his or her full
                    name associated with the purchase,
                    and has someone else who can pass
                    the required background check
                    purchase the
                    firearm for him
                    or her."

                    While the second part may seem like it could be broadly interpreted, it has to do with intent. Many people in other states only buy private party for this very reason(not to have any DROS records) yet they are not guilty of or party to a straw purchase, unless they are asking someone to make a purchase at a gun store specifically for them.

                    How I Powder Coat Pistol Bullets
                    How I Powder Coat Rifle Bullets

                    Comment

                    • #11
                      Mssr. Eleganté
                      Blue Blaze Irregular
                      CGN Contributor - Lifetime
                      • Oct 2005
                      • 10401

                      Originally posted by thenodnarb
                      ...yet they are not guilty of or party to a straw purchase, unless they are asking someone to make a purchase at a gun store specifically for them.
                      The OP was asking if somebody else could purchase a gun from a dealer for him. ATF says that's a straw purchase, even if the final buyer is not a prohibited person and even if the final buyer does the transfer through an FFL. The Supreme Court agreed with ATF's interpretation in the Abramski case.

                      Gifts are fine and buying a gun for yourself and then selling it when you no longer want it is fine. But buying a gun from a dealer with the intent of selling it to somebody else is considered a straw purchase.
                      __________________

                      "Knowledge is power... For REAL!" - Jack Austin

                      Comment

                      • #12
                        thenodnarb
                        Veteran Member
                        • May 2009
                        • 2603

                        The OP was asking if somebody else could purchase a gun from a dealer for him. ATF says that's a straw purchase, even if the final buyer is not a prohibited person and even if the final buyer does the transfer through an FFL. The Supreme Court agreed with ATF's interpretation in the Abramski case.

                        Gifts are fine and buying a gun for yourself and then selling it when you no longer want it is fine. But buying a gun from a dealer with the intent of selling it to somebody else is considered a straw purchase.
                        You should read the OP's post again. That is not what he is asking. OP seems to think that it would be easier for an 03 FFL to import the gun into the state, then purchase it from the 03 through an 01 or 07. My first post says that the 03 doesn't have the right license for this(buying with intent to resell). Someone said its a straw purchase, which might be true if the intent was for the OP to buy from the 03 without a DROS and 01 involved. That however is not the case. He is asking if the 03 could sell it to him through a regular dealer(hence the "registration" part of his question).

                        OP misunderstands that C&R hanguns are roster exempt(right?)And could just as easily do it himself through a normal FFL dealer.

                        The 03 is not committing a straw purchase as long as he does a proper transfer through a a dealer. However, he might loose his license and be fined for acting as a dealer in some capacity. The LAPD officers did something similar. They bought guns that were LAPD only and were reselling them at a premium since only they could buy them. ATF charged them with dealing without a license even though they went through dealers for both purchase and sale since their intent was to purchase for resell. They were not charged with straw purchasing AFAIK.

                        How I Powder Coat Pistol Bullets
                        How I Powder Coat Rifle Bullets

                        Comment

                        • #13
                          watt79
                          Senior Member
                          • Oct 2012
                          • 557

                          In my opinion, such use of an 03 license would be a violation of the license terms (buying with the intent to resell). I would not put myself in that position.

                          Comment

                          • #14
                            Mssr. Eleganté
                            Blue Blaze Irregular
                            CGN Contributor - Lifetime
                            • Oct 2005
                            • 10401

                            Originally posted by thenodnarb
                            You should read the OP's post again. That is not what he is asking. OP seems to think that it would be easier for an 03 FFL to import the gun into the state, then purchase it from the 03 through an 01 or 07. My first post says that the 03 doesn't have the right license for this(buying with intent to resell). Someone said its a straw purchase, which might be true if the intent was for the OP to buy from the 03 without a DROS and 01 involved. That however is not the case. He is asking if the 03 could sell it to him through a regular dealer(hence the "registration" part of his question).

                            OP misunderstands that C&R hanguns are roster exempt(right?)And could just as easily do it himself through a normal FFL dealer.

                            The 03 is not committing a straw purchase as long as he does a proper transfer through a a dealer. However, he might loose his license and be fined for acting as a dealer in some capacity. The LAPD officers did something similar. They bought guns that were LAPD only and were reselling them at a premium since only they could buy them. ATF charged them with dealing without a license even though they went through dealers for both purchase and sale since their intent was to purchase for resell. They were not charged with straw purchasing AFAIK.

                            The OP made it perfectly clear that he and the C&R FFL would do a proper transfer through a dealer. But Abramski and his uncle did both transfers through an FFL and Abramski was still convicted for doing a straw purchase. You implied that it isn't a straw purchase if the buyer isn't prohibited and isn't trying to avoid using a dealer. Abramski's uncle wasn't prohibited and didn't avoid the 4473 or background check but Abramski was convicted anyway.
                            Last edited by Mssr. Eleganté; 10-17-2014, 12:10 AM.
                            __________________

                            "Knowledge is power... For REAL!" - Jack Austin

                            Comment

                            • #15
                              ccandgc
                              Senior Member
                              • Jun 2008
                              • 2142

                              Go for it...let us know how it works out.

                              Originally posted by thenodnarb
                              a straw purchase is buying a gun for someone who is prohibited from possessing a gun. Buying a gun for a family member as a gift,or for a friend as a gift, is ok, as long as the transfer is done legally. Its done all the time in other states. here it requires more FFL fees and wait times.
                              -Chad

                              Comment

                              Working...
                              UA-8071174-1