Quote:
That's the problem. I can't find any law that prohibits it, but I know for a fact that any FFL who sees Person A looking at a gun with great interest, then Person B reaches into his pocket/her purse for a roll of cash and says "We'll take it" will end the transaction right there. The BATFE has certainly convinced the FFLs that it's illegal.
It IS illegal for the FFL and for those who choose to purchase from an FFL.
This is absolutely NOT true. See item 2. of my post above.
The operative words in the quote above are "We'll take it"
With the exception of NFA class III items purchased by a corporation, all small arms regulated by Federal law under the GCA can only have ONE owner. That is the person who fills out ATF form 4473, identifies himself to the FFL and has his background checked by NISC or a POA in certain states. The source of the money to pay for the gun is completely immaterial.
Here is a good example: We sell firearms on-line. We accept credit cards from any individual with a valid and verifiable credit card. By law we can not ship a firearm directly to a non licensee.
We send the firearm to the on-line buyer's preferred FFL (C&R's excepted). We require a copy of the FFL's license certificate and verify it before we ship.
Once the firearm arrives at the FFL, A Person comes to the FFL for an over the counter transaction. At this time That person's identification is checked, ATF Form 4473 Part A is completed by that person in the presence of the FFL or his trained employee. An NICS background check is then made. If NICS returns a "proceed," That person becomes the "true" and legal owner. NO money except for a transfer fee is paid by the purchaser since it has already been paid for by credit card to the original FFL dealer.
You could have your hands full of packages and ask your kid or you spouse or friend to carry the gun out of the store and it would still not be an illegal transaction or a "straw purchase" on the part of the FFL or the "true" owner.
What the "true" owner does with the gun at a later time IS subject to applicable Federal and state laws.