LEO purchasing a weapon for a civilian.

[Jake Tropea]

Perhaps this question is better suited for an attorney but here goes.

I was looking into getting a Gen 4 glock (not illegal to own) and it seems that they are only available to LEOs outside of PPT.

That being the case, my only options to acquire one would be through the SSE or PPT.

My question is, would it be illegal for a LEO to buy me one? That is, me giving him the money, he buys it, and we immediately PPT it into my name?

The distinction I am told, is that as long as the LEO is not buying it with intent on selling it.

I would like to stay within the law here so...

Thanks in advance.

[Japsican]

Straw purchase.

[Chaos47]

The distinction I am told, is that as long as the LEO is not buying it with intent on selling it.

That is exactly what he would be doing if its for profit or not.

[SwPx4]

Go sse. Cover yourself and your LEO friend.

[Rogue187]

What your suggesting is a STRAW PURCHASE and it is illegal.
If you could find a LEO who would purchase it for you, then you and the LEO are ripe for legal prosecution..There are some Police Officers and Deputies that are in hot water with DOJ and their departments currently for doing just what you suggested..

[Oneinchpunch]

Just SSE. Why isn't that an option for you? Many people are getting off roster guns legally that way. No need to get your leo friend and yourself in trouble.

[RollingCode3]

Don't do it.

[Jake Tropea]

Thank you for the hasty replies everyone.

A quick wiki search of "straw purchase" yields, and I quote "However, purchase of a firearm as a bona fide gift for someone who can legally own such a firearm is permitted."

With this essentially being what is taking place, would it still be illegal? As I stated before, the firearm is legal to own.

Qualifying under SSE is generally fairly expensive, and buying this way would save some money. Of course, I would only proceed if such a method was completely legal.

[JaMail]

you giving him the money to purchase it, isnt a bona fide gift.

also, i wouldnt consider it a straw purchase, as your ppt'ing it into your name..

straw purchases are to hide who the actual owner is and to get prohibited people access to guns through another person.

from CG wiki

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’.



now if your LEO friend purchased it and used it and decided he didint like, its 100% legal for him to sell it to you.

[Jake Tropea]

Looks like I found my answer here: http://www.atf.gov/training/firearms...episode-4.html

[TheExpertish]

Forget this route and just find a place like Tracy, OC Armory, or DAS, all Calguns vendors, that offer the 4G with single shot conversion.

[cdownin]

Forget this route and just find a place like Tracy, OC Armory, or DAS, all Calguns vendors, that offer the 4G with single shot conversion.

Wow you know your stuff
x2

[jdberger]

IANAL

I don't think it's a straw purchase but currently there is some confusion and debate. Given the events in Sacto mentioned above and the availability of SSE, I'd take the latter. I'd recommend the OP do the same.

[Bobby Ricigliano]

This has undoubtedly crossed the minds of LEO's as a profitable venture. However it is a bad idea and I would say that it is gray area at best. Even though I can buy pretty much any handgun I want at my local LEO shop I would never do it so as to turn around and sell it to someone else to skirt the law.

[kemasa]

Since the firearm would be property transferred into the end user by means of a PPT, I don't think it would be considered a straw purchase. The main aspect of a straw purchase is to hide the actual purchaser, which when the PPT is done, it is not hidden.

I doubt that most departments would like their officers doing this though. The intent is important and regardless of whether it is legal or not, it is a bad idea.

There is no problem with an officer buying a firearm and deciding that they don't like it, but if they do this over 6 times per year they would be considered a dealer and need all the licenses and permits.

Hopefully the law will be throw out in court as it is a bad law and as I understand it, it was copied to another location and thrown out there, but CA continues until they are forced to change.