What is a " Straw Purchase" ?

[DemocracyEnaction]

please enlighten me.

[Doghouse_Riley]

When a person buys something that is intended to be owned by someone other than the actual purchaser.

[Zedrek]

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&sqi=2&ved=0CDYQFjAB&url=http%3A%2F%2Fwww.strawsale.com%2F&ei=BzOiUavaDObtigK3_YGgCQ&usg=AFQjCNEa9Vrku_BQuS-iB9KmtWlwWuc6nQ&sig2=c5ATgH8UVWT2BQFZhEsJjA

[bohoki]

its kind of like the definition of rape it seems to encompass a lot more than one would think

[klewan]

its kind of like the definition of rape it seems to encompass a lot more than one would think

I was surprised that if I bought a gun for a friend, and sold it to him THRU an FFL, it's still considered a straw buy. To me, if somebody can pass the background check, it should wash any taint from the sale.

[CoopsDad]

https://www.google.com/url?sa=t&rct=...VWT2BQFZhEsJjA

Nice! DemocracyEnaction went from being a possible felon to a farmer. Ireally enjoyed that!

DE, if you're not legally permitted to own a firearm but you get your wife/girlfriend/mom/bro/whatever to buy it, it's a straw purchase.

[CoopsDad]

I was surprised that if I bought a gun for a friend, and sold it to him THRU an FFL, it's still considered a straw buy. To me, if somebody can pass the background check, it should wash any taint from the sale.

Taint washing... very considerate!

[The Gleam]

please enlighten me.

Well, let's say you have some pet rabbits. Those suckers multiply like cockroaches... or, like rabbits.

You need some straw because the little bastards continually crap all over the place like a blizzard of bile. You need to keep the cages clean, otherwise, you'll have a hare up your butt.

OK, so you go to buy some straw; but because of your past history of sexual deviance with a scarecrow made of straw, or as some would say, a straw-man, along with photos that circulated online, not to mention that You-Tube video... you are embarrassed to buy the straw yourself. And it just so happens that there happens to be some law that says the actual buyer of said straw must also be the intended owner of that straw.

Therefore, when you get to the local feed-shop, you send in your buddy to pick up the straw for you, pay for it, log it in his name, not only because you are embarrassed, but because you happen to smell like you have a hare up your butt (which you do).

He buys it for you, picks it up for you, he even then hauls it out to your truck for you and loads it up while you wait; but the straw is intended to be yours. Someone else bought that straw for you. You take the straw home, you have happy rabbits, the now happy hare crawls back out of your butt, but you did something illegal.

Don't lie for the other guy. Oh, and don't make another straw-man with your newly begotten straw or post those unbecoming photos of you with your straw-man, or of you with the hare up your butt. Be more discreet, will you?

[fiddletown]

As far as the ATF is concerned, 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), and has nothing to do with the ultimate recipient being a prohibited person.

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 --

1. 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
   
   
2. 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.

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.

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.

[Armistice]

So if I'm correct, it's when the actual buyer uses someone else to buy the gun

A= some felon
B= clean record

A pays B. B uses money to pay dealer. B receives firearm. B give firearm to A

I want to be clear because I may be purchasing 2 rifles soon. One for me, and one for my buddy (who has a clean record and is legally able to own firearms, having 5-6 of his own). As long as I state one is not actually for me, then I'm ok, correct? (Firearms in question are Mosin C&R, so... doesn't matter, or still need to state even though they're cash and carry?)

[CessnaDriver]

It's what Obama did when he gave weapons to cartels and then blamed us.

[The Gleam]

So if I'm correct, it's when the actual buyer uses someone else to buy the gun

A= some felon
B= clean record

A pays B. B uses money to pay dealer. B receives firearm. B give firearm to A

I want to be clear because I may be purchasing 2 rifles soon. One for me, and one for my buddy (who has a clean record and is legally able to own firearms, having 5-6 of his own). As long as I state one is not actually for me, then I'm ok, correct? (Firearms in question are Mosin C&R, so... doesn't matter, or still need to state even though they're cash and carry?)

Then they won't sell you the firearm.

If you buy it for him as an intended gift, that's nice, but you would then have to transfer it from you to him subsequently by way of a PTT at an FFL (unless of course in this case, a legal-transfer for a Mosin which is a long-gun 50 years old or older, would be an exception - until 2014 of course).

In that case, yes, as a gift for someone else YOU intended to buy the gun for YOU as the owner until you legally transfer it to someone else as gift. a FTF on a Mosin would be a legal transfer in CA.

[Armistice]

Then they won't sell you the firearm.

If you buy it for him as an intended gift, that's nice, but you would then have to transfer it from you to him subsequently by way of a PTT at an FFL (unless of course in this case, a legal-transfer for a Mosin which is a long-gun 50 years old or older, would be an exception - until 2014 of course).

In that case, yes, as a gift for someone else YOU intended to buy the gun for YOU as the owner until you legally transfer it to someone else as gift. a FTF on a Mosin would be a legal transfer in CA.

Ok, so I'm buying it for myself with the intent of legally transferring it FTF to him. That makes sense. Buddy in question is my neighbor anyway

[russ69]

Straw is short for straw man, not a real person. It's a straw man purchase, where one person that is buying the firearm is not the intended owner. The purchaser is the straw man.

[lakersandguns]

Great question. I have a mossberg spx on layaway. My wife asked me what I wanted for my upcoming birthday present and Father's Day gift. I told her she can pay for some of my bill on the spx. She usually pays with her debit card, so if we show up at the gun store and tries to pay for it. Would it be a straw purchase? I would also be giving some money too?