Search found 5 matches

by apostate
Fri May 11, 2018 9:13 am
Forum: General Texas CHL Discussion
Topic: Purchased a gun for a friend
Replies: 74
Views: 22330

Re: Purchased a gun for a friend

apostate wrote:To be clear, I'm saying I don't see what law is broken if the friend is the one who picks up the gun, completes the 4473, and keeps the gun. If the OP doesn't do a 4473, how can he be lying on a 4473? If the friend does the 4473 and keeps the gun, how can he be lying on a 4473?
cyphertext wrote: "Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith (who may or may not be a prohibited person). Mr. Smith gives Mr. Jones the money for the firearm. - OP purchased gun through gunbroker for a friend because auction was ending and friend did not have an account on gun broker. Friend was going to reimburse OP.

Mr. Jones is not the ACTUAL TRANSFEREE/BUYER of the firearm and must answer "NO" to question 11.a. The licensee may not transfer the firearm to Mr. Jones.
Correct. Mr. Smith (friend) is the actual transferee/buyer and can truthfully say so on the 4473.

As I said, "If the friend does the 4473 and keeps the gun, how can he be lying on a 4473?"
by apostate
Fri May 11, 2018 7:59 am
Forum: General Texas CHL Discussion
Topic: Purchased a gun for a friend
Replies: 74
Views: 22330

Re: Purchased a gun for a friend

RoyGBiv wrote:
apostate wrote:If I take possession of a firearm, and a credit card company pays the seller, and I later reimburse the credit card company, I'm still the actual purchaser. I think. :headscratch
Logic has no place in this discussion. :mrgreen:

Seriously, now. Unless the friend who has already promised to repay the OP is the person who files the original 4473, I believe (my opinion here) that it would be considered a straw purchase. This despite Scalias dissent.
To be clear, I'm saying I don't see what law is broken if the friend is the one who picks up the gun, completes the 4473, and keeps the gun. If the OP doesn't do a 4473, how can he be lying on a 4473? If the friend does the 4473 and keeps the gun, how can he be lying on a 4473?
by apostate
Thu May 10, 2018 5:02 pm
Forum: General Texas CHL Discussion
Topic: Purchased a gun for a friend
Replies: 74
Views: 22330

Re: Purchased a gun for a friend

cyphertext wrote:
apostate wrote:If I take possession of a firearm, and a credit card company pays the seller, and I later reimburse the credit card company, I'm still the actual purchaser. I think. :headscratch
But the credit card is in your name and matches your id and the name on the 4473. If Joe Black pays for the firearm with his credit card, but Sam Smith completes the 4473, it looks like a straw purchase and should not proceed.
I don't fault a licensee who won't do a transfer if they think it smells fishy.

That said, based on the facts given, I don't think any laws were broken yet. I also don't think any laws would be broken if the friend goes to pick up the gun, completes the 4473 as transferee, and enjoys the gun for many years to come. That would be a very different fact pattern than the fraudulent purchase at the core of the Abramski case.

IMHO IANAL YMMV BBQ
by apostate
Thu May 10, 2018 4:05 pm
Forum: General Texas CHL Discussion
Topic: Purchased a gun for a friend
Replies: 74
Views: 22330

Re: Purchased a gun for a friend

If I take possession of a firearm, and a credit card company pays the seller, and I later reimburse the credit card company, I'm still the actual purchaser. I think. :headscratch
by apostate
Thu May 10, 2018 2:44 pm
Forum: General Texas CHL Discussion
Topic: Purchased a gun for a friend
Replies: 74
Views: 22330

Re: Purchased a gun for a friend

IANAL and I'm no longer FFL but I don't see any legal issue if the friend does the paperwork, takes possession, and keeps the gun. It seems he is the actual purchaser, regardless of cash flows between striker55, the friend, the GunBroker seller, and the FFL transferring the firearm to the friend.

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