Straw Buy

There's some confusion down at the gun shops about what a straw buy is.

It's the ATF who's got them confused.

An actual straw purchase is where a person whom is legally allowed to own a firearm purchases one with the sole intent of giving or selling it to someone who is forbidden to own it.  This includes the prohibited person having the non-prohibited make a purchase for them.

ATF has got gun shops believing that any purchase made with the intent of giving or selling it to someone else is a straw purchase, and therefore illegal.  They're just plain wrong.  They're so wrong the notice on the 4473 contradicts them!

Question 12a is: "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. (See Important Notice 1 for actual buyer definition and examples.)"

Important Notice 1:

For purposes of this form, you are the actual buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (for example, redeeming the firearm from pawn/retrieving it from consignment).You are also the actual buyer if you are acquiring the firearm as a legitimate gift for a third party. ACTUAL BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT the actual buyer of the firearm and must answer “no “ to question 12a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual buyer of the firearm and should answer “yes” to question 12a.

Did you see that?  If you're buying it as a gift, it's A-OK.  Now, try buying a gun and telling the person behind the counter you're giving the gun to the person standing next to you.

There have been times where me or my friends have been well short on funds when a once-in-a-blue-moon deal surfaces.  None of us are prohibited people and all but two of use are CCW holders.  How does person A, who doesn't want the gun buy it for person B to pay them back?

The obvious method is for person A to loan person B the cash.  That cash then magically becomes person B's "own money" and the sale proceeds.

Try handing person B the money in a gun shop in front of the counter clerk.

It's semantics.  And because it is, it's bullshit.

The intent of and the wording of the law is that prohibited people aren't allowed to purchase or possess firearms.  That's simple.  ATF has made it complicated by trying to regulate how such a person my come into possession of a firearm.  Actually, they're regulating the precise method that non-prohibited people come into possession and by exclusion are preventing prohibited folks from acquiring guns.