straw purchase senario.

D

dwavinchi1

Inactive
If i bought an stripped ar15 receiver on the internet, and my friend gave me the money for it, then he got it from the FFL dealer, and then gave the receiver to me, would that be a straw purchase? :confused:
 
I'd personally avoid this sorta transaction, as it could be considered lying on the form 4473.

The law itself only prohibits actions which mislead an FFL regarding the lawfulness of a sale. From '68 to '94, that was interpreted to mean that was acceptable to purchase a firearm for someone else as long as that person could have legally purchased the firearm. However, the ATF's post-95 interpretation has changed to disallow purchasing any gun from an FFL for another person, regardless of whether that other person could have bought it.

There is nothing prohibiting private sales of a receiver, however, unless the seller is trying to make a living off the sales and does not have an FFL.

Doing it yourself, with your own money, would be preferable.
 
Boy howdy, would that ever fall right into the definition of "straw purchase".

Unless you want to lose your right to own guns for the rest of your life, do yourself a favor and wait another few months until you turn 18, at which point you can get your own AR without having to risk ten years in Club Fed for both yourself and your buddy.
 
the thing is, my dad is at work all day, and i would like to get one before the are banned again. so there is no way this can be done?
 
The election is not till Nov 2008....I suspect that a ban probably wont happen even after the new president steps in.. Wait till you can do it legally. If you really go back and look at the AWB of 1994 the pro gun lobby had watered it down so much it was really a joke. Some of these anti-gun representatives are really dim when it comes to firearms. I'm sure the pro gun lobby fed them plenty of rope. I wonder what idiot put the grenade launcher on it and the anti- gun rep stands up and says damn right...lol. Once the word got out about 10 round magazines what do you think the magazine manufactures did. They made em by the shipload right up until the date because the preban stuff was grandfathered in. If I didn't know better i would say the gun manufacturers and importers wrote the stuff to make more $$$.


The basic thing that made an assault weapon was:

Semi auto rifles with a detachable magazine and two or more of the features below:

bayonet lug
folding or telescoping stock
flash suppressor, barrel with threads to accept one
conspicuous pistol grip
grenade launcher
large capacity magazines

Also in 1994 the BATF ruled that a muzzle brake was not the same as a flash suppressor

So we take and AR-15 and remove the bayonet lug, take of the flash suppressor and a 10 round magazine add a "muzzle brake" which means we fill in the holes on the bottom or just leave it off.

What do we do with a AK-47..same thing make some cosmetic changes and you can even sell it for more.

So what did the AWB do....make $$$ for the gun makers and sellers. Even though the pro gun lobby lost the vote they won the war.
 
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You really don't want to be illegally purchasing a rifle due to age limitations. Depending on where you are, it may even be illegal to possess the receiver until you turn 18.

My first suggestion would be to talk to your parents. If they're not too antigun and the idea of you with a rifle doesn't scare the living crap out of them, they might be willing to purchase it for you.

If not, well, I'd seriously consider waiting til you move out anyway, since 800+ USD of rifle is not something you want your parents stumbling onto.

Worst case, McCarthy might be able to push a ban through, but the current law she's aiming has about a snowball's chance in hell. Even a copy of the old AWB might not make it. It certainly won't come in until after November 2008. It would also not be able to ban existing rifles, only the production and sale of new ones -- it'd be possible to purchase one afterward. Prices would be a little higher, and in a worst case situation you might have to deal with an FFL and register, but it's still better than a visit from the ATF.

Another option would be to have your friend purchase the AR-15 receiver for his own use, probably use it for the next year or so, and sell it to you after he's done with it and you are legal.
 
If i bought an stripped ar15 receiver on the internet, and my friend gave me the money for it, then he got it from the FFL dealer, and then gave the receiver to me, would that be a straw purchase?
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Not necessarily a straw purchase
You would simply be ordering it for him, as in doing the typing
It would have to be ordered in the adult's name with a credit card also in his name and picked up by him from the FFL
If as you say he is using his own money to purchase the receiver and not expecting you to return the money when you receive it it would not be a straw purchase

would a private sale between him and I be legal?
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Now we are getting into the realm of illegality
Regardless of age he would be buying it with the specific intention of giving it to you in return for the money he spent , which would in fact be using your money

the thing is, my dad is at work all day
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The internet is open all night

Do it right or a ban on certain guns will not be that big of a deal to you, when you, and especially your friend, are banned from owning any gun
 
would a private sale between him and I be legal?
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While you're seventeen, no. Private sellers aren't immune to the restrictions on selling to a prohibited person or those who are under age. It's also illegal under Mississippi law to sell, lend, or give a firearm to a minor.

If your friend purchases something with the explicit intent of selling it to you, or in exchange for money, then it can be a straw purchase, and thus a felony.

If your friend purchases something with the intent to own it himself, but after you turn 18 decides to sell it (and does not do so as a business), that's just a private sale.

If your friend purchases something with the explicit intent of giving it to you, after you turn 18, it's considered purchasing a gun for himself on the 4473, and thus legal.

I'd just wait til you turn 18 and purchase it yourself.
 
Easiest way is to wait and buy youself a present (the receiver) for youself on your 18th birthday; buy the rest of the parts now. I went out and bought myself a cheap milsurp rifle right after I turned 18 just because I could. I understand that your dad is busy with work, mine was too. (the real heros who endure the daily BS to provide for their family while we showed little gratitude for it). If you go and talk to your local FFL and tell him how you and your dad want to build an AR together but dad is at work during the FFL's business hours, he might be willing to work around your dad's schedule. My dad and I did the same thing right before the 1994 ban; I turned 18 shortly after it went into effect. If the FFL's schedule can't work with your dad, that make things tougher. If your friend wants the rifle, he could buy the receiver, you could help him build it. When you turn 18, he could give or sell it to you; after all it would be his property and he could do what he wanted with it, including keeping it or selling/giving it to someone else. The thing you should stay away from is your friend acting a purchasing agent for you because you're under age. I don't want to see you get in trouble. :)
 
Disclaimer: I'm no lawyer and I don't claim that this answer is the final word on the matter..but after about 20 minutes of research it has become fairly clear that possession of a HANDGUN by a minor in Mississippi is illegal..but there appear to be no restrictions on the possession of LONG GUNS by minors in the state of Mississippi.

However, being able to possess a firearm is not the same as being able to buy one. You may very well be able to possess an AR-15 variant rifle...but it's unlikely that YOU would be able to buy that same rifle. However is may be possible for an individual to lawfully transfer ownership of a long gun to you so long as money is not exchanged. Check with your local LEOs for more definitive information.
 
Don't overreact based on what you read on gun boards. A few months or even years of patience is never a bad thing. Why do you want the gun so much in the first place? Don't fall into the trap of wanting something just because you think that in a few years you won't be able to have it. Seriously, it's not that useful a gun anyway.

Some guns that I would put on my young adult list ahead of an AK
Bolt action 8mm or .30-06
Bolt action varmit rifle in something like .22-250
12 gauge pump or semi-auto shotgun
Pistol caliber levergun
.22lr levergun
(once you are 21 depending on state)
.357 snubbie
.357 revolver with 6" barrel
Pocket pistol of some sort in .32 or .380
9mm or .45acp full sized pistol

By the time you have made and spent that much money you will have all sorts of friends at the gun stores in your area and will get a good deal on something as essentially useless for civilian use an ak.
 
the thing is, my dad is at work all day, and i would like to get one before the are banned again. so there is no way this can be done?
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Yes, as the other have said, wait until you're 18.

If the fear of them getting banned before you turn 18 is your big worry, then you should be even more worried about getting your own personal, and permanent, gun ban by way of a felony conviction.
 
But I would suggest you get your dad to buy you a henry .22lr ASAP. I bought one for my 13 year old and boy is it fun to shoot. Unless, of course, you already have one in which case spend the money you have saved up on ammo and targets. By the time you can buy an AK you should have shot thousands and thousands of .22. In fact, I would go so far as to say you should have shot at least 10,000 rounds before you buy any more powerful rifle.
 
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