Concerns about purchasing a LEOs handgun

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Venom1956

New member
So I have a question about buying a pistol from a friend thats a LEO? He gets them at a discounted price so he can give me a pretty good deal on one, but I wanna make sure this isn't illegal in anyway before I go thru with it. Mainly to cover my ass and I would hate for him to lose his job over selling me a gun.
It wouldn't be considered a 'straw purchase' would it?
I'm 23 and live in WI.

Sorry if this needs to be moved to Law and Civil Rights.
 
This sounds like a really bad idea. Your pal is in effect a dealer, IMO. He's not simply refining or thinning out his collection. His express purpose for buying the gun would be to sell it to you after purchase. What might be the consequences? All of this is just my opinion. He could lose his job, or worse and you could possibly be charged. You might want to seek a legal opinion before proceeding.
 
If he's buying it to sell to you, not a good idea.

If you're just buying one of his that he doesn't want anymore, then it should be fine so long as face to face sales are legal in your state.
 
See I dunno if its thru his dept or just @ a retail store or what he just proposed the idea to me last night.

Hoping to get the opinion of another LEO or someone who knows the rules to this. Figure he could by it enjoy it for a month or something and then I'd buy it off him. I dunno... Its so tempting but things that sound to good to be true usually are... but I was hoping to catch a break for once.
 
I have had two transactions concerning firearms purchases from LEOs.

First was the sale of an officer's backup Glock 23 for my daughter when she went to work for the Agency. No harm, no foul. The transaction was face to face and no problem.

Second was a purchase of my DPMS Panther Bull from an LEO who also has an FFL and business office. Also legit.

As for an officer buying at his discount and selling to a civilian, I would step smartly away from that kind of deal.
 
Yeah I'm thinking its kinda of muddy situation I wasn't really planning on it but I figured I would see what you all thought of it. Cheap sigs... so tempting. I understand what you mean by dealer butI don't think hes acting like a dealer for profit, just more of an offer to a friend.
 
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As a LEO I would never buy a firearm with the intention of selling it right away. That is a straw purchase even if you can legally own one.
The LEO is putting his career at stake by commiting a crime involving a firearm.

With that said I know your friend isn't meaning to do anything wrong and just wants to help you out but he really needs to be careful.
 
My understanding is that in many departments officers are offered a plethora of pistols e'ery few years at deep discounts. Say a G22 for duty, one to practice and a G27 to carry off duty. Two years later they get the same offer, but their original pistols aren't close to worn out yet. They can sell them for more than the new ones cost them, so many times they just sell the old ones to buddies and buy new ones anyways. They may not have even shot their "practice" pistol, so it would be NIB. In this scenario it would be legal, I believe.

In the scenario you outlined, which might be a misunderstood simplification of the scenario I outlined, I do not think it would be legal.
 
Yeah, That's what I figured, hes relatively new LEO so I think he was just trying to be helpful. I will inform him to make sure he doesn't get in trouble by offering to help anyone else
 
To be clear, it's perfectly legal for him to sell you one of HIS guns.

It is not legal for him to buy a gun for you so you can take advantage of his discount.

It is not legal for him to buy a gun for you period unless he gives it to you as a gift. It may violate his department's policy to buy a gun using his LE discount and then give it away as a gift, but that's a different story entirely.
 
Listen to what I'm telling you.

First off, don't tell the darn world about it, when a friend does you a favor.

Second, he's not buying you a gun. He's buying a gun for himself. If he happens not to like it before firing it and sells it to you for the good price he paid then that is a FTF private gun sale. Perfectly, legal situation for all involved.

Now learn when is a good time to keep quiet and get a good deal.
 
You guys should really look into the laws you seem to think you know, as none of you has it right.

As a non-FFL holder, you can purchase guns to sell, so long as the proceeds are used to further your own gun collection and NOT A PRIMARY SOURCE OF INCOME.

Now go find the statute and read it yourself.
 
As a non-FFL holder, you can purchase guns to sell, so long as the proceeds are used to further your own gun collection and NOT A PRIMARY SOURCE OF INCOME.
Click to expand...
That is correct. Let's say I see someone selling a gun for about half what it's worth. There is no law that prevents me from buying it with the intent of selling it later to make a profit.

I could even buy it with the idea that I know a guy who might like this gun and might want to purchase it from me down the road or who might want to trade for it.

It's important to remember that if I do that on a frequent basis then I could run the risk of being accused of being an unlicensed dealer (a person who buys and sells guns as a way to generate income or as a business) as opposed to a hobbyist but that's a different issue than the one being discussed here.

There's a difference between purchasing a gun to sell:

(See this Supershooter that I bought at the gunshow today? I'm going to sell it for a profit as soon as I find a buyer who will pay me what I want for it. [LEGAL])

and making a deal with someone to to purchase a gun for them:

(Yes, Bob, I understand that you want a Supershooter in .40S&W--I can get that for you, it will run you $624.53 and I'll have it next week. [NOT LEGAL for non-FFL holders.])

If you are purchasing a gun for another person then you can only do so legally if one or more of the following is true:
  • You are an FFL holder.
  • You sell it to the person through an FFL
  • You give it to the person as a gift.
As I said, if the officer wants to sell one of HIS guns that is perfectly legal. BUT, if he makes a deal with someone to buy a gun for them then that is not legal. That is a straw purchase.

That's what Federal law says. State law in some areas may be more restrictive.
 
1911 Jim

Rather a rude way to say, what you said. But since you said it let's explore a little.

Copers can get guns in a different manner than the average Joe. Besides being able to purchase as a citizen, either private party or FFL transfer, READ and UNDERSTAND the following to get a grasp on this thread and responses.

1st - There is a LE discount program thru manufactures that make guns available to officers @ 10% or more discounts. Normal transfer applies, and vendor or department stipulations may restrict when and to whom a weapon my be released. (this would be in addition to BAFT regulations)

2nd - There is the possibility of departmental purchases that would be exempt from federal excise tax of 11% and reduced cost paid for by our tax dollars or by the officers. These guns at some time during their service life may be sold. (the possible sale from the officer direct to another person might cause some problems for him and the OP thru his agency and at the far extreme could flag IRS to look at this sale as a violation of section 4221 (a) (4) what called the "exclusive use" section.)


So, 1911 Jim some of the comments concerning the OP's question were concerning the above issues NOT
You guys should really look into the laws you seem to think you know, as none of you has it right.
As a non-FFL holder, you can purchase guns to sell, so long as the proceeds are used to further your own gun collection and NOT A PRIMARY SOURCE OF INCOME. Now go find the statute and read it yourself.
Click to expand...
As you so ungracefully pointed out:(.

Good Luck & Be Safe
 
So, there is some tight wad prosecutor or cop... who they gonna arrest?

If you want him to sell you a gun t, tell him you would be interesting in buying one of his..

if he goes out and buys a gun... takes it to the range a week later... put's 50 rounds through it and then decides he doesn't like it.... who's to stop him from selling it to you?

the straw purchase law is just plain screwy and wrong....

Now let me ask this question.... one of the cops buddies buys 10 Sigs from the dealer... then sells the cop two of them in a private sale and he sells one to you in a private sale... who broke the law?
 
When we get Glocks at the LEO discount price, we submit a letter on Department letterhead, and signed by the boss, that states we are purchasing the firearm for use in our official capacity. I would imagine your friend does likewise. FFL issues aside, it would be a good way to commit fraud on his part, and face discipline if not termination.
 
Confused Again

OK, I am confused again (Imagine that!).

I was under the impression that a straw purchase was any firearm purchased for a person who could not legally purchase a firearm themselves. (Basically, if the person to whom the firearm will be given to has to answer a question on the 4473 that would disqualify him/her self, or who knows a NCIS check would deny them the purchase/ownership of the gun.)

I tell my buddy that I am looking for a Ruger Redhawk. He finds one on the other side of the state and buys it for me. The next weekend, when he comes to my house, I give him the money for the gun and he gives me the gun. Both of us are able to own a gun. He made no money from the deal. I have no way of getting to St. Louis to buy it, so he bought it for me.

Why is this a straw purchase? Is it because he had to answer yes to the question asking "Are you the going to be the owner of this fire arm?" (What about the wife who bought a handgun for her husband? Mine just bought me a Ruger New Blackhawk.)

Is there a timeline that requires you to hold the gun for a certain period of time before selling it?

When it comes to the LEO offering to purchase the gun for the OP, I would say if the officer has cleared it through his department chief, then go ahead. If any deal starts with the words "Don't tell anybody, but ..." I would avoid it.

JohnKsa: If this needs to be moved to its own thread, please let me know. I am not trolling, just trying very hard to understand these laws with-out having to go get a college degree to understand the legalese.
 
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