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Is this a straw buy?

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  • wurger
    Senior Member
    • Dec 2011
    • 1433

    Is this a straw buy?

    I'm unloading some of my airsoft guns to buy real stuff. I have a buyer for one of my airsoft guns who is willing, but doesn't have cash. He does have a credit card. One of my local FFL's has the M&P .40 package I'm after. Could it be considered a straw buy if I were to meet my buyer at the FFL, he were to pay for the M&P with his credit card, but I do all of the DROS forms?
  • #2
    taperxz
    I need a LIFE!!
    • Feb 2010
    • 19395

    The FFL will be extremely suspicious and might not allow the sale regardless of circumstances. Tell your friend to take the card to the bank and pay you the cash.

    Comment

    • #3
      QQQ
      Senior Member
      • Apr 2010
      • 2243

      Do you have a paypal account?

      Comment

      • #4
        ape0r
        Member
        • Dec 2011
        • 143

        Originally posted by QQQ
        Do you have a paypal account?
        +1.

        Sounds like a responsible citizen, buying toys when he doesn't have the cash to pay for them!!

        Also, my fiancee bought me a shotgun for christmas - she swiped her card to pay and I filled out the forms. Can't imagine how it would be different for you, if you choose to go forward with the plan you propose. Love that woman!

        Comment

        • #5
          stix213
          AKA: Joe Censored
          CGN Contributor - Lifetime
          • Apr 2009
          • 18998

          Not necessarily a straw buy, but many FFL's will not want anything to do with this. Just use paypal to send you the money from his CC as already suggested.

          Comment

          • #6
            wurger
            Senior Member
            • Dec 2011
            • 1433

            Originally posted by QQQ
            Do you have a paypal account?
            Tried the Paypal.

            This guy ain't the sharpest tool in the shed. His paypal account is tied to his bank account, and he doesn't have $700 in the bank...

            Comment

            • #7
              vincewarde
              Senior Member
              • Sep 2007
              • 1911

              You can try it - but unless you are well known to the FFL, they probably won't do it. It have done this once when buying a gun for my son - he filled out the forms, etc and we used my card. Of course they could see the same last name on the card.......

              Comment

              • #8
                cdtx2001
                CGN Contributor
                • Apr 2009
                • 6630

                My philosophy has always been "in God we trust, all others pay cash".

                Have him get cash or you probably won't have a good time at the gun store.
                Custom made Tail Gunner Trailer Hitch for sale.
                http://www.calguns.net/calgunforum/s...php?p=17820185

                "Hokey religions and ancient weapons are no match for a good blaster at your side kid" -Han Solo

                "A dull knife is as useless as the man who would dare carry it"

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                • #9
                  stix213
                  AKA: Joe Censored
                  CGN Contributor - Lifetime
                  • Apr 2009
                  • 18998

                  Originally posted by wurger
                  Tried the Paypal.

                  This guy ain't the sharpest tool in the shed. His paypal account is tied to his bank account, and he doesn't have $700 in the bank...
                  He just needs to add his CC, then when he sends funds he chooses the CC. Paypal accounts can be tied to multiple checking and CC accounts at the same time.

                  Comment

                  • #10
                    wurger
                    Senior Member
                    • Dec 2011
                    • 1433

                    As much as I'm wanting that M&P, I just told the guy to show me cash or forget it. Starting to be too much trouble. I just was wondering if the deal was even possible legalwise.

                    Comment

                    • #11
                      halifax
                      Veteran Member
                      • Oct 2005
                      • 4440

                      Originally posted by wurger
                      ... I just was wondering if the deal was even possible legalwise.
                      Possible, yes. Dealers are expected to scrutinize such things but they make the decision. It's not written into the law anywhere that he can't do it. If he believes you are the actual transferee, he may just go ahead with it but don't expect that...especially if it's just a gun shop employee.

                      Go with cash.
                      Last edited by halifax; 06-07-2012, 7:46 PM.
                      Jim


                      sigpic

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                      • #12
                        003
                        Veteran Member
                        • Jul 2010
                        • 3436

                        I really don’t want to start an argument with anyone here, but much of the information posted here is just plain wrong. A straw purchase is when someone buys a gun for another because the person who ends up with the gun cannot legally buy it. It does not matter who pays or writes the check.

                        The issue is who fills out and signs the federal form 4473, and in California who is the gun going to be registered to.

                        Question # 12a on form 4473 is the question that covers this issue. The following is a direct cut and paste from form 4473.

                        "Are you the actual buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring
                        the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you."


                        Now I do understand that a dealer may be concerned if two guys walk in and one fills out the form and the other pays, but that does not change the issue. In the eyes of the law who pays does not matter. The only issue is who is the real owner going to be, and that must be the person that fills out and signs form 4473.
                        Last edited by 003; 06-07-2012, 8:46 PM.

                        Comment

                        • #13
                          Mssr. Eleganté
                          Blue Blaze Irregular
                          CGN Contributor - Lifetime
                          • Oct 2005
                          • 10401

                          Where do you see wrong information posted in this thread?
                          __________________

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

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                          • #14
                            Bigtwin
                            Veteran Member
                            • May 2010
                            • 2639

                            Not a straw purchase by definition at all! I have read on Calguns that some dealers frown upon this though! Never have I had this issue at a gunstore....but that is what I have read!
                            NRA MEMBER

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                            • #15
                              taperxz
                              I need a LIFE!!
                              • Feb 2010
                              • 19395

                              Originally posted by wurger
                              Tried the Paypal.

                              This guy ain't the sharpest tool in the shed. His paypal account is tied to his bank account, and he doesn't have $700 in the bank...
                              What part of take the credit card to the bank for a cash withdrawal is so hard. Why use PayPal?

                              Comment

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