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If I am overseas, and a family member takes possession of a firearm I paid for via a 4473, is that legal? Then when I return to the states and we again transfer ownership via 4473, is that legal? My understanding is that a straw purchase is knowingly doing a background check in place of the intended owner who cannot pass one. Am I wrong? Doesn’t matter who provides funds for the firearms as long as owner does a 4473. Correct? I know in-state transfers sometimes don’t require a licensed FFL and so forth but given just my scenario would anything be considered illegal transferring or ??? 10 years to retirement! Just waiting! | ||
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| Savor the limelight |
Factually, that sounds exactly like Abramski v. United States. Abramski lost. | |||
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| If you see me running try to keep up  |
I had someone call me asking the same question, the son is overseas and wants to purchase and have his dad pick it up and hold it until he gets back stateside. The father can’t order since it’s a special deal from the gunmaker for the sons agency. I tried calling the local ATF and could not get anyone to answer their phone to clarify. He found another dealer to do it but I would not without ATF clarification. | |||
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| Member |
After reading about that case, yeah that's exactly what it sounds like...bummer  Stupid ruling but still a ruling. 10 years to retirement! Just waiting! | |||
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| Member |
Maybe calling the local field office would be the best course of action. Though given recent events, the answer valid for a shorter duration than most grocery store coupons. 10 years to retirement! Just waiting! | |||
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| Savor the limelight |
The majority didn't focus on the spirit of the law, to prevent a person from buying firearms for a person who would legally be unable to do so otherwise, but rather facts as presented. Abramski lied on the Form 4473 when he answer yes, he was the actual buyer. From the current 4473 question 21a: "Warning: You are not the actual transferee/buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer the firearm(s) to you." It is stupid. If he had gifted it to his uncle, he would have been fine. | |||
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| Member |
I understand completely. Looks at this point as though I have gifted my cousin 5 firearms recently. 10 years to retirement! Just waiting! | |||
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| Savor the limelight |
It was a 5-4 decision. 5 liberals - 3 conservatives and Roberts. I apologize if it's bringing politics into an apolitical thread by pointing out I like the current make up of the Court better. | |||
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| Member |
What if your dad sends you the money making him the actual buyer? Then when you get back you can give him the money back and do a proper transferral? So hes biying it then selling it to you? | |||
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| Member |
We can buy straw at Tractor Supply, it's about $5 a bale. It's cheaper if you can find some from a local farmer. No forms required, for now. ---------------------------------------------------- Dances with Crabgrass | |||
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| Member |
When are you back stateside? Will the transferring shop hold it for you until then? One you trust? They hold class 3 items all the time until the stamp is received ------------------------------------------------------------------------------------------- Live today as if it may be your last and learn today as if you will live forever | |||
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Member |
I'm sure your post helped out the OP immensely.  _________________________________________________________________________ “A man’s treatment of a dog is no indication of the man’s nature, but his treatment of a cat is. It is the crucial test. None but the humane treat a cat well.” -- Mark Twain, 1902 | |||
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| Member |
This is what I am looking into...have the one I used before I became a Class 3 FFL. I'm going to call him and see...he used to have a 72 hour hold policy but perhaps if I explain my situation to him. I may be taking leave sometime soon but worst case will be next fall (13 months from now) 10 years to retirement! Just waiting! | |||
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