Let it Bleed
New member
A straw purchase is not limited to firearms. Technically speaking the purchase mentioned in this thread is not actually a "straw purchase" because the intended buyer(son) is not prohibited from possessing the handgun nor for that matter is he prohibited from purchasing from his father.
Generally, the straw purchaser is used because the actual purchaser is not eligible to conduct a transaction because he or she is a felon or other prohibited person. However, according to the ATF, a straw purchase occurs even when the actual purchaser is not a prohibited person. The crime committed is knowingly making a false statement on the Form 4473 indicating that the straw purchaser is the actual purchaser, when this is not the case.
I am not certain but I believe this derives from law enforcement's use of non-prohibited persons to pose as straw purchasers in undercover stings targeting dealers willing to make these transactions. Under the 1980 ATF definition there would be no crime. Under federal law, straw purchasers can be sentenced to 10 years and dealers can face the same charges if they are proven to be implicit in the straw purchase.
Make of this what you will. Personally, I am at a loss to understand why the ATF doesn't simply use a felon to pose as the intended purchaser.
Generally, the straw purchaser is used because the actual purchaser is not eligible to conduct a transaction because he or she is a felon or other prohibited person. However, according to the ATF, a straw purchase occurs even when the actual purchaser is not a prohibited person. The crime committed is knowingly making a false statement on the Form 4473 indicating that the straw purchaser is the actual purchaser, when this is not the case.
I am not certain but I believe this derives from law enforcement's use of non-prohibited persons to pose as straw purchasers in undercover stings targeting dealers willing to make these transactions. Under the 1980 ATF definition there would be no crime. Under federal law, straw purchasers can be sentenced to 10 years and dealers can face the same charges if they are proven to be implicit in the straw purchase.
Make of this what you will. Personally, I am at a loss to understand why the ATF doesn't simply use a felon to pose as the intended purchaser.