-
Before there was Polymer there was Accuracy. -
One problem is that would be a serious violation of federal law.
Angel Alvarez wanted a Glock. Because his nephew, Bruce Abramski, could get one cheaper with a law enforcement discount, Mr. Alvarez bought the Glock through Mr. Abramski, giving Mr. Abramski the money for it. Mr. Abramski bought the Glock and transferred it to his uncle through an FFL (it was an interstate transfer). Mr. Abramki went to jail for making an illegal straw purchase, i. e., lying on the 4473 (Abramski v. US, 134 S. Ct. 2259 (2014)).
In Abramski the Supreme Court clarified what constitutes a straw purchase under federal law. The following outline of what constitutes an illegal straw purchase is consistent with the U. S. Supreme Court ruling in Abramski.
- The actual offense is violation of 18 USC 922(a)(6), making a false statement on the 4473 (specifically about who is the actual buyer).
- See the ATF publication Federal Firearms Regulation Reference Guide, 2005, at page 165 (emphasis added):15. STRAW PURCHASES
Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a "straw purchaser" (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. 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... - So, if --
- X says to Y, "Here's the money; buy that gun and then we'll do the transfer to me [when I get back to town, or whenever else].", or
- X says to Y, "Buy that gun and hold it for me; I'll buy from you when I get my next paycheck."
or anything similar, if Y then buys the gun, he is not the actual buyer. He is buying the gun as the agent of X, on his behalf; and X is legally the actual buyer. If Y claims on the 4473 that he is the actual buyer, he has lied and violated 18 USC 922(a)(6). His subsequently transferring the gun to X in full compliance with the law, does not erase his prior criminal act of lying on the 4473.
- X says to Y, "Here's the money; buy that gun and then we'll do the transfer to me [when I get back to town, or whenever else].", or
- Some more examples --
- If X takes his own money, buys the gun and gives the gun to someone else as a gift, free and clear without reimbursement of any kind, X is the actual purchaser; and it is not a straw purchase.
- If X takes his money and buys the gun honestly intending to keep it for himself and later sells it to another person, X is the actual purchaser; and it is not a straw purchase.
- If X takes his money and buys the gun intending to take it to the gun show next week to see if he might be able to sell it to someone at a profit, X is the actual purchaser; and it's not a straw purchase. He may, however have other problems if he manages to sell the gun at the gun show, and the transfer there isn't handled properly. He might also have problems if he does this sort of thing too frequently, and the ATF decides he's acting as a dealer without the necessary license.
- If X takes his money and buys the gun with the understanding that he is going to transfer the gun to Y and that Y is going to reimburse him for it, X is not the actual purchaser. He is advancing X the money and buying the gun for and on behalf of Y, as Y's agent. So this would be an illegal straw purchase.
- If X takes his own money, buys the gun and gives the gun to someone else as a gift, free and clear without reimbursement of any kind, X is the actual purchaser; and it is not a straw purchase.
- Whether or not a transaction is an unlawful straw purpose will often be a question of intent. But prosecutors in various situations can convince juries of intent, often from circumstantial evidence. A slip of the tongue, posting something on the Internet, tracks left by money transfers have all, in one way or another, and in various contexts, helped convince a jury of intent.
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff CooperComment
- The actual offense is violation of 18 USC 922(a)(6), making a false statement on the 4473 (specifically about who is the actual buyer).
-
Another CalDOJ baiting .... [emoji23]
Any roster exempt LEO with half a brain will know this is a setup.
Perhaps when more exempt individuals are prosecuted for trying to flip off roster handguns, the police union will join the side of ordinary law abiding citizen and have the law removedComment
-
Straw purchase and illegal.Comment
-
All posts dedicated to the memory of Stronzo Bestiale
"You want my sister but now scam my Glocks too?
How about my sister? what can she do now? Still virgin and need Glcok."
---ARegularGuy
NRA Patron MemberComment
-
Wow. Just wow.
No officer, that’s illegal.Comment
-
Hope you like commissary food.sigpic
"America is not at war. The Marine Corps is at war; America is at the mall."
Originally posted by bertoComment
-
And it's really sad that it is the way it is - imagine if it worked like that for, e.g., buying a pair of skis for a relative...
Hopefully we get some more sane laws in the future. I mean, we live in the times where a whole state such as CA can openly thumb nose at federal law when it comes to illegal drugs and people actually believe pot is legal in CA, yet people go to jail for paperwork violation where neither is a prohibited person and it would be all well if they did exactly the same thing, but exchanged money differently and didn't talk about it.sigpicNRA Benefactor MemberComment
-
All posts dedicated to the memory of Stronzo Bestiale
"You want my sister but now scam my Glocks too?
How about my sister? what can she do now? Still virgin and need Glcok."
---ARegularGuy
NRA Patron MemberComment
-
So you are asking if anyone here is willing to commit a crime for you if you pay them $100? Seriously, why even ask such a question?
Off-roster guns aren't magical or anything. Guess what? A Gen 3 Glock is just as perfect as a Gen 5. Don't be dumb.Where the people fear the government you have tyranny. Where the government fears the people you have liberty.
Comment
-
Sent from my iPhone using Tapatalk?Seek the Lord while He may be found?Comment
-
Where the people fear the government you have tyranny. Where the government fears the people you have liberty.
Comment
Tweet
There are currently 6994 users online. 128 members and 6866 guests.
Most users ever online was 239,041 at 10:39 PM on 02-14-2026.
Comment