The issue comes down to when/where/condition under which the actual "transfer" takes place;
and must Purchase/Transferee be one-in-the same (an "AND" gate), or is Purchaser/Transferee an "OR" gate ?
From the ATF:
Transfer.
This term and the various derivatives thereof shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of.
https://atf-eregs.18f.gov/479-11/2016-00192#479-11-p798004987
For want of a better term, I'll use "constructive possession"
Question -- has it ever been answered -- if so I have not seen it.
Transferee/Buyer:
You can be the buyer -- and thereby transfer ownership/take actual/constructive possession.
Or you can be handed the gun w/o being an actual buyer and still take actual/constructive (permanent) possession.
Can anyone cite an actual case wherein straw purchase was determined wherein a parent compensated the dealer, who directly transferred the weapon via 4473 to a son/daughter or other eligible third person ?
I'll accept the answer -- just haven't seen it.
and must Purchase/Transferee be one-in-the same (an "AND" gate), or is Purchaser/Transferee an "OR" gate ?
From the ATF:
Transfer.
This term and the various derivatives thereof shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of.
https://atf-eregs.18f.gov/479-11/2016-00192#479-11-p798004987
For want of a better term, I'll use "constructive possession"
Question -- has it ever been answered -- if so I have not seen it.
Transferee/Buyer:
You can be the buyer -- and thereby transfer ownership/take actual/constructive possession.
Or you can be handed the gun w/o being an actual buyer and still take actual/constructive (permanent) possession.
Can anyone cite an actual case wherein straw purchase was determined wherein a parent compensated the dealer, who directly transferred the weapon via 4473 to a son/daughter or other eligible third person ?
I'll accept the answer -- just haven't seen it.