Tweet
Originally posted by GunEnthusiast1
Mr. Abramski was given money by his uncle to purchase a Glock 9mm handgun because Mr. Abramski was an officer and could purchase it with the LEO discount. He purchased it. On the form 4473, he checked the box that he was purchasing it for himself.
Since Abramski lived in Virginia and his uncle lived in Pennsylvania, he sent the Glock to a FFL in Pennsylvania to do the transfer to his uncle. His uncle filled out the form 4473 and underwent the background check.
A while later, Abramski was a suspect in a bank robbery, a warrant was served to search his house and the check his uncle sent him to pay for the Glock was found with a note on it that said payment for Glock.
He was charged with making a straw purchase because he did not purchase the gun for himself. He lied on form 4473. He argued that it did not matter because both he and his uncle passed background checks so he did not make a straw purchase as his uncle could legally own the gun.
He was convicted of making a straw purchase and appealed. SCOTUS ruled against him. He lied on 4473 because he did not purchase the gun for himself. It was not a gift because his uncle gave him the money for the gun and Abramski purchased it and sent it to his uncle. In order for it to be a gift, Abramski had to purchase it with his own money and not receive anything of value in exchange from his uncle in exchange.
So, since 2016, the rules for straw purchases have tightened and FFLs are even more cautious.
Remember, circumstantial evidence has been used to get convictions before. Do you really want to risk 5 years of Federal prison and a lifetime gun ban just to get a couple of off-roster guns? I have a son that lives out of state and there are many off-roster guns I would love to get but I will not put him or I at risk by even mentioning what I might like. In another year I will be living in a free state and I can purchase all of the guns I want.
To be legally safe, it has to be a true gift. To be safe, you cannot say I want a Glock 48 for my birthday and a Glock 19X for Christmas. It sounds like you are ordering specific guns.
Put that together with what you have stated here, a public forum that is known to be monitored by many different law enforcement agencies, including the CA DOJ and ATF, and they have used what some have posted against them in a court of law, there is at least an appearance that you might be doing more than suggesting to mom what you might like for birthday or Christmas gifts.
You set off red flags with a FFL because you showed up at the FFL in AZ when you had no part to play in that transaction. You suggestion that your mother's English is not so great and you were in a hurry so you drove her to the FFL just before they closed to get the process started.
From the point of the FFL, it appeared to be a straw purchase. Mom does not appear to be purchasing the gun for herself. You confirmed that. The FFL is not familiar with CA law. He is not going to take your word for it. He is not going to call your FFL in CA and take his word for it. His license is on the line and from the ATF, a Federal agency.
Add to his concern is the State of CA is quick to file suit against any out-of-state dealer that even makes an honest mistake with just the paperwork. That is why so many refuse to do any business with people from CA. They have to go through extra steps just to send a firearm to CA and most are under the impression that being off-roster, it is illegal to send to CA.
To not spook the AZ FFL, you have to let your mother handle the transaction herself. You cannot go into the FFL, call the FFL, or contact the FFL in any way. If your mother cannot take care of that on her own, then accept that she is not able to gift you off-roster guns and have her send you a gift card instead.
You do not want to put your mother in a position where she has to deal with ATF or FBI agents. Be the good son. Just accept you will have to pay the CA premium and buy your off-roster from private party sellers in the state.
If you really want to be safe, spend the money to speak with a gun attorney. It will be the best insurance you pay for. A one hour consult fee is well worth it.
I have done that from time to time and the best part is, the advice you get is solid and if you follow it, will be the safest course to follow because it is designed to reduce your risk to future legal issues. You also get advice of what to do if LE does come knocking.
I really hope that you were not the one that ordered the firearm online and then had your mother write the check and sent that in. If you submitted the order online, then you are involving your mother in a straw purchase. If you did, do not admit it here in a public forum.
Comment