10 day exemption

[condor]

Thought I'd check on this one. My Son-in-law is a retired sheriff and is looking for a Turkey gun... He lives in Santa Barbara and is coming up for Thanksgiving. I have a lead on a couple of 870's and the question is... Can he do a PPT locally and take the gun with him?? If he can't I guess he's on his own to find something down there... Except?? if I bought it and did a PPT in my name and then took it down there at Christmas and did a PPT down there into his name?? ...Would that be considered a Straw Purchase??? Just checking.. Anyone??

[TOM_ONE]

(I'm not an FFL)

The only way even an active LEO can waive the 10-day waiting period is by having their Chief or Captain sign off on it. Generally, no Chief or Captain likes to sign the waivers unless the firearm is needed for a special class etc. I'm guessing as a retired LEO, you're SOL and have to wait the 10 days no matter what.

Former LEO.

[edgerly779]

No he has no authority to do so. He can dip and be re-instated and get a letter from his agency that the firearm is necessary to immediate duties, Good luck with that. You can do the purchase as a gift and do the proper paperwork. Not a staw purchase if he has legal ability to have that firearm. Why does he not go and buy his own and come up and hunt. Also you can buy it and he can use it in your presences then do dros. Have your wifey buy it and familial transfer it to him. He is not your direct family.

[kemasa]

If you fill out the 4473 and it is not an actual gift, then it would be a straw purchase since you would not be the actual buyer.

[Dago Red]

Why can't you buy it and just let him use it when you hunt and handle the transfer later if he wants to buy it from you or you gift it whatever?

Red

[condor]

If you fill out the 4473 and it is not an actual gift, then it would be a straw purchase since you would not be the actual buyer.

Agree'd... But that raises a couple of questions as to what constitutes a straw purchase... IF...the gun is DROS'd or PPT'd to someone, and it ends up in their safe, it should be a legal purchase... Yes?? And if a person chooses to sell it later, and go through the proper channels, he should be able to legally sell it... Yes??

If not, then every dealer who buys or takes a gun in on trade with the intent of reselling it, that gun could possibly be considered a straw purchase. The same holds true for a small gun show dealer. Or for that matter a private citizen who decides that he doesn't like the gun he just bought and resells it.

Now if someone purchases a gun for another person, who is not legally allowed to own a gun, then you betcha, they'd be in deep doo-doo... And I believe that's what the Straw Purchase restriction is meant to stop. IMHO

In regards to the original post one option I hadn't consider. Having it shipped to a dealer in my SIL's area, and then he could DROS it down there rather than doing a PPT. It would eliminate the second trip for the 10 day.

All this is just conjecture and discussion.

[kemasa]

Agree'd... But that raises a couple of questions as to what constitutes a straw purchase... IF...the gun is DROS'd or PPT'd to someone, and it ends up in their safe, it should be a legal purchase... Yes?? And if a person chooses to sell it later, and go through the proper channels, he should be able to legally sell it... Yes??

Yes, that is true. But remember it is not what you can get away with, but what is legal.

If not, then every dealer who buys or takes a gun in on trade with the intent of reselling it, that gun could possibly be considered a straw purchase. The same holds true for a small gun show dealer. Or for that matter a private citizen who decides that he doesn't like the gun he just bought and resells it.

Dealers don't fill out a 4473, so it does not apply, plus they are dealers.

Yes, a person can buy something and decide they don't like it, but if they do it too often it can be a problem.

Now if someone purchases a gun for another person, who is not legally allowed to own a gun, then you betcha, they'd be in deep doo-doo... And I believe that's what the Straw Purchase restriction is meant to stop. IMHO

It is more than that. It really should be if ALL the transfers go through a dealer it should be legal, but the SC said otherwise. They don't want the end buyer hidden even if the person is not prohibited.

In regards to the original post one option I hadn't consider. Having it shipped to a dealer in my SIL's area, and then he could DROS it down there rather than doing a PPT. It would eliminate the second trip for the 10 day.

Yes, that could work, but fees would not be limited.

All this is just conjecture and discussion.

[condor]

[kemasa;20836069] Yes, that is true. But remember it is not what you can get away with, but what is legal.

The example I gave was not try to skirt around the law, or get away with anything, but following the letter of the law.

Dealers don't fill out a 4473, so it does not apply, plus they are dealers.

I think it's more that they are dealers. Buying a gun and not filling out a 4473 could get anyone in trouble..

Yes, a person can buy something and decide they don't like it, but if they do it too often it can be a problem.

As long as they do it legally I can't see where there could be a problem. Now if they did it all the time, that's some else again

It is more than that. It really should be if ALL the transfers go through a dealer it should be legal, but the SC said otherwise. They don't want the end buyer hidden even if the person is not prohibited.

That would be the optimum, but the loop hole lies with a C&R and it being purchased and then reported to the DOJ. No FFL1 dealer involved. I personally think the $35 limit on a PPT should apply to every DROS as well...

The only extra fee would be the shipping, and in the case of a LEO doing business with the same dealer over the years might be charged the minimum. My FFL1 charges the same amount for an out of state purchase DROS as for a PPT. And $10 for every extra firearm done at the same time. I do see some folks getting raped by dealers on the DROS charges.


IMHO