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I had something very disturbing happen to me today and wanted to get others opinions. I am a woman who has a significant other who had a domestic violence misdemeanor from about ten years ago. The restaining order was an act of retaliation from a broken up relationship. I have known about it. At the time (and to this day) he never realized the serious ramifications that came out of allowing that to stand without a fight. So recently he found a gun that he wanted to purchase as an investment. The DOJ denied him and by phone would not tell him the reason so he requested the paperwork to find out. I indicated that I would buy the gun. So we went today for me to purchase it. Understand that I have absolutely no blemishes to prohibit me from buying that gun and the employee at the shop said to come down with my handgun safety certificate and license to purchase. At the store he advised me that it was a felony to buy a gun on behalf of someone else and asked did I understand. I said I did. I expected them to submit my information for the 10 day check. Instead the owner came out of the back and told me that he would not sell the gun because my guy had expressed an interest in it. and he was denied. I told him that I felt that I was now the one being discriminated against and had every right to purchase it. He would not sell it to me. I'm very angry about this denial of my 2nd amendment rights and his assumption of of the role of judge and jury that I'm somehow guilty of something by association. Is this worth pursuing with an attorney? I have the means and am a lady with a sterling reputation and live by the word integrity. This hits me at my very core and feel it is not right. When I came home tonight and started researching DOJ reasons for firearms possession and ban I found that my guy is banned FOR LIFE from possessing or buying a firearm because of that restraining order. He is absolutely speechless over something that he had no idea was transpiring at the time of the misdemeanor. There was no proof of any harassment or threat from him to this person and the judge said that "to play it safe, he was leaving the restraining order in place but there was no ramification to him to do this". Obviously this wasn't the case. He will be contacting an attorney. Just so you know, my guy has been nothing but a sweetheart in the years I've known him. Not a shred of violence nor have I ever felt threatened. I believe totally that the restraining order was totally bogus. So what say this forum about my issue with the gun shop?
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Can you really blame the gun shop? Guy gets denied, then the next week shows back up with his girlfriend to buy the same gun? That is the definition of a straw man purchase. Have you guy get his lawyer working on his problem, get legal, then he can buy guns. -
If the gun shop owner believes that you are buying it for him because he cannot legally buy it for himself, then he is obligated to deny the sale.
Based on your story, he had every reason to believe that you were attempting a straw purchase. In fact, it sounds like you really were.
It's understandable that you'd be annoyed, but its not the gun shop's fault. He is just following the law-- as he should.Comment
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Go Here for info
What is a STRAW PURCHASE?
A straw purchase is when a buyer uses an intermediary (the "straw man") to purchase a firearm(s) from a licensed firearms dealer. The purpose is to hide the true identity of the actual purchaser of the firearm(s).
Straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can be charged with lying on Federal Form 4473) and the actual possessor.
Frequently, the actual purchaser is a prohibited person under federal law.
It is legal for one person to purchase a firearm as a gift for another person.
It is legal for a Law Enforcement Officer (LEO) to purchase an off-Roster handgun and later sell it to another California resident – that would not necessarily be a ‘straw purchase’..
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Domestic Violence
He was convicted of a Domestic Violence Misdeameanor....and as a result had a Restraining Order.
If there was no conviction, he would be good to go. We can thank the FEDS for this nonsense. Consult an attorney to see if he has any options.
Good luck.May the Bridges I burn light the way.
Life Is Not About Waiting For The Storm To Pass - Its About Learning To Dance In The Rain.
Fewer people are killed with all rifles each year (323 in 2011) than with shotguns (356), hammers and clubs (496), and hands and feet (728).Comment
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I'd side with the gun shop. SOUNDS Like a straw purchase which would get you AND them in big trouble. You can go anywhere else and buy.Comment
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It is suspicious and also any store has the right to deny service. I can see how I could be frustrated if I was in your shoe, but the store owner is trying to cover his a** and your a**Comment
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I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.Comment
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Blame? Yes, I do think the gun shop has overstepped it's role. I own my own guns already. Where does it end? He's not allowed to live with me because I own them? If the gun was good enough for his investment why is it NOT a good investment for me? That he found it and expressed interest in it makes it unsuitable for me to purchase? It's old, {although in like new condition, it's no longer manufactured} and I would be paying far more for it than when new. It may still be there in a day, a month or a year but if it isn't then will I ever find another like it at that price? If it was anything that was easily obtainable then that would be one thing but it's not. So, I have been judged and apparently found guilty based on an appearance of a straw man purchase but if I buy it, I OWN IT and isn't it a courts' place to find me guilty of a crime based on something other than pre-speculation? I assure you that I am not about to do anything that would allow me to be charged with a felony for the illegal transfer of a gun. NO ONE is that important to me and you can absolutely take that to the bank. I'm certainly not the easily swayed little woman without a brain cell working. So my rights have been taken away based on a perception and that's ok? Sorry, you can have your opinion of which you have every right to, but I'm not feeling any different that somehow I had some rights removed from me today.Comment
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I dont agree in the least with that stupid (STOP DEFEATING THE WORD FILTER!)lautenberg act athat makes it a lifetime prohibition on owning or possessing a firearm. However, the gun shop sahouldnt suffer either and they would be guilty of a straw purchase if they sold you the gun.
As another poster said, YOU can buy elsewhere. And YOU can legally own a firearm and have it in YOUR iome as long as your other half doesnt have access to it. Get it?Last edited by ivanimal; 12-12-2010, 12:09 AM.Any Questions about Front Sight memberships or specific information about attending, Feel Free to send me a PM!Comment
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What you're proposing is illegal. How can you sue for that?Comment
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Imagine that it wasn't "your guy", but some other guy with a domestic violence conviction. His new girlfriend buys him the gun, the ex-girlfriend turns up dead and everybody wonders, "How was the girlfriend allowed to buy him the gun with his record". The law exists for a reason and actions have consequences. I'm with the gun store on this.
MikeWhy Johnny Ringo. You look like someone just...walked over your grave.Comment
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You should have left him at home, lol. All joking aside I would have denied the sale as well.When You Go Home, Tell Them Of Us And Say,
For Their Tomorrow, We Gave Our Today"Comment
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