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?
Unconfigured Ad Widget
Collapse
|
|
|
|
|
|
|
|
Is this a thing?
Collapse
X
-
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 reallyMarch 29- April 5, 2019- The Million Mag March. Thank you, Judge Benitez and all the vendors
Originally posted by ThemBastardsJudging from the last shoot I think we are the wrong group to ask about sighting in Mosins haha.Originally posted by knucklehead0202I don't want dreamcatchers or AR crap, I want ugly old guns! -
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.Comment
-
__________________
"Knowledge is power... For REAL!" - Jack AustinComment
-
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.Comment
-
-
Link the correct verbage please as what Nodnarb said is how I have been hearing it for the last few yrs I've been hereMarch 29- April 5, 2019- The Million Mag March. Thank you, Judge Benitez and all the vendors
Originally posted by ThemBastardsJudging from the last shoot I think we are the wrong group to ask about sighting in Mosins haha.Originally posted by knucklehead0202I don't want dreamcatchers or AR crap, I want ugly old guns!Comment
-
From the NSSF flyer which the ATF partnered with to advertise their "don't lie for the other guy" campaign:ATF and the U.S. Supreme Court disagree with you on this.
"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.Comment
-
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 AustinComment
-
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).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.
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.Comment
-
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 AustinComment
-
Go for it...let us know how it works out.
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.-ChadComment
Calguns.net Statistics
Collapse
Topics: 1,867,426
Posts: 25,157,804
Members: 357,365
Active Members: 5,045
Welcome to our newest member, Kahiau18.
What's Going On
Collapse
There are currently 11522 users online. 128 members and 11394 guests.
Most users ever online was 239,041 at 10:39 PM on 02-14-2026.


Comment