Pilot buying guns
- Thread starter Dust
- Start date
carguychris
New member
Doing so would constitute a straw purchase. Your pilot friend would be lying on Question 11a of Form 4473, which is a felony violation of federal law.
In my earlier posts, I thought you were the pilot. Regardless of whether he flies with it or not, asking your friend to buy a gun for you is clearly illegal unless he gives you the gun as a gift and receives absolutely no compensation of any kind in return.
Also, just FYI, the Form 4473 and the NICS check are not a form of government registration. The FFL normally keeps the 4473s and no records are kept of the NICS checks after they're done.
Yeah, what he/she said.
Multiple felonies would be committed if the pilot bought the gun out of state on behalf of the OP. It would be a straw purchase - period. It does not matter if the final recipient of the gun was legal to purchase/possess that gun or not. So that would be felony number 1 comitted by the pilot.
Felony #2 would be the OP aiding and abetting the pilot making the straw purchase.
Felony #3 would be the OP actually obtaining the gun from an out of source not exempted by 18 USC 922 (b)(3), via using a middle man to obtain that gun.
Felony #4 would be the Pilot aiding and abetting the OP in his obtaining a gun from an out of state source illegally.
I would be willing to bet $100 against a doughnut that the pilot would lose his commercial pilot's license.
Even if he did not lose his license, I would bet that transportation of personal weapons by pilots (other than for official duty), except MAYBE in checked baggage, would be against airline policy and get him fired.
Now that apparently it appears as if Dust wants the pilot to buy him a gun from out of state, that, of course, puts everything in new light. Of course, Dust wasn't going to be right up front at the beginning and say so.
Felony #2 would be the OP aiding and abetting the pilot making the straw purchase.
Felony #3 would be the OP actually obtaining the gun from an out of source not exempted by 18 USC 922 (b)(3), via using a middle man to obtain that gun.
Felony #4 would be the Pilot aiding and abetting the OP in his obtaining a gun from an out of state source illegally.
I would be willing to bet $100 against a doughnut that the pilot would lose his commercial pilot's license.
Even if he did not lose his license, I would bet that transportation of personal weapons by pilots (other than for official duty), except MAYBE in checked baggage, would be against airline policy and get him fired.
Now that apparently it appears as if Dust wants the pilot to buy him a gun from out of state, that, of course, puts everything in new light. Of course, Dust wasn't going to be right up front at the beginning and say so.
what about looking at it this way... and I'm sure there is some kind of
lawyering that will cause it not to work...
I send you the money for the gun... the 'Pilot' flies to your state and picks up the gun with proper documentation (What my FFL will require) ... he or she is now the 'common carrier' and they take it back to my state where I or they deliver it to my FFL for the transfer to me....
I know this does not meet the needs or question of the original poster... but is there some kind of rule that says out of state purchases have to be shipped / transported via UPS/ Fed ex or USPS? Why can't a 'citizen' do the transport?
lawyering that will cause it not to work...
I send you the money for the gun... the 'Pilot' flies to your state and picks up the gun with proper documentation (What my FFL will require) ... he or she is now the 'common carrier' and they take it back to my state where I or they deliver it to my FFL for the transfer to me....
I know this does not meet the needs or question of the original poster... but is there some kind of rule that says out of state purchases have to be shipped / transported via UPS/ Fed ex or USPS? Why can't a 'citizen' do the transport?
blume357 said:
Definition of common carrier:
An individual or business that advertises to the public that it is available for hire to transport people or property in exchange for a fee.
A common carrier is legally bound to carry all passengers or freight as long as there is enough space, the fee is paid, and no reasonable grounds to refuse to do so exist. A common carrier that unjustifiably refuses to carry a particular person or cargo may be sued for damages.
The states regulate common carriers engaged in business within their borders. When interstate or foreign transportation is involved, the federal government, by virtue of the Commerce Clause of the Constitution, regulates the activities of such carriers. A common carrier may establish reasonable regulations for the efficient operation and maintenance of its business.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
The pilot is not a common carrier. I suppose it would be OK for him to act as a contract carrier, but I would want that contract to be in writing! And it would have to be a private sale, as you pointed out.