Brady Bunch's latest gun grabbing ideas

[toddh]

Is that a Federal limit or a state one.

Federal. Some states are more restrictive than others.

This is true in Pennsylvania. i don't know about other states.

Another federal law. It's called a "straw purchase." Somebody else in this thread already addressed this.

Why should there be a gun show exemption allowing guns to be sold without a background check?

There isn't! That's another media and anti-gun myth. Every dealer at a gun show has to go through the NICS process before transferring a gun to a buyer.

[zeus3925]

Federal. Some states are more restrictive than othe


Another federal law. It's called a "straw purchase." Somebody else in this thread already addressed this.

There is no check for a straw purchaser in MN at least. Last fall I bought a semi auto shotgun for my son as a birthday present. He was with me at the store. He picked the gun and we made it plain to the sales staff that he was the recipient of the gun. To my surprise I was the one that had to the background check as I was providing the cash for the purchase.

[badbullgator]

There is no check for a straw purchaser in MN at least. Last fall I bought a semi auto shotgun for my son as a birthday present. He was with me at the store. He picked the gun and we made it plain to the sales staff that he was the recipient of the gun. To my surprise I was the one that had to the background check as I was providing the cash for the purchase.

I would suggest then that the people who sold the gun to you broke the law, although since it was for your son and he was a minor (I assume) they let it pass. There are already laws in place regarding this....they did not follow them and nobody enforced it. What good would another law do to change this is it is enforced equally as the current one?

[zeus3925]

I would suggest then that the people who sold the gun to you broke the law, although since it was for your son and he was a minor (I assume) they let it pass. There are already laws in place regarding this....they did not follow them and nobody enforced it. What good would another law do to change this is it is enforced equally as the current one?

Nope, my son was celebrating his 40th. (God that makes me feel old!)

[badbullgator]

Nope, my son was celebrating his 40th. (God that makes me feel old!)

Then the people selling you the gun broke the law as did you by buying a gun for someone else to avoid a background check...
Laws only stand a chance of working if they are enforced and obeyed. I am not sure about there but here the form you must fill out specifically ask if you are buying it for someone else. Answer yes and they will not sell it to you. Answer no falsely and you have broken the law. It took me over two hours to buy 4 single shot shotguns for our club to use as popper guns becasue of this. I answered that they were not for me personally and that caused a whole big stink before the state finally gave the go ahead

[Tsangster]

Disclaimer: I am not a lawyer.

Copied from another forum:

"That question is about a 'straw purchase': A person, who is eligible to purchase a gun, buys a gun at the direction and with the money for a person who is ineligible to purchase or own a gun.

You, eligible to do so, are buying a gun with your money, at no one elses direction. Once the transaction is completed it's your property to do with as you will."

Also:

"Second issue (and the original question), can he purchase a gun for his dad. The answer (according to the examples provided by the BATF) is yes, as long as he (the son) is the purchaser of the gun, is not receiving any payment from someone else (the dad), and the gun is to be given as a gift.

See Form 4473

Read question 12a on page one, then read the Important Notice 1 on page three."

[badbullgator]

Disclaimer: I am not a lawyer.

Copied from another forum:

"That question is about a 'straw purchase': A person, who is eligible to purchase a gun, buys a gun at the direction and with the money for a person who is ineligible to purchase or own a gun.

You, eligible to do so, are buying a gun with your money, at no one elses direction. Once the transaction is completed it's your property to do with as you will."

Also:

"Second issue (and the original question), can he purchase a gun for his dad. The answer (according to the examples provided by the BATF) is yes, as long as he (the son) is the purchaser of the gun, is not receiving any payment from someone else (the dad), and the gun is to be given as a gift.

See Form 4473

Read question 12a on page one, then read the Important Notice 1 on page three."

I am Ok with that in this case, BUT if they have the same forms as we do AND he clearly stated he was buying it for someone else while in the store, the people in the store had really no option but to not sell him the gun. Think about it, IF he said I am buying this gun for this guy standing next to me as he describes (son or otherwise, I would think the store would have the obligation to say NO. Granted there is nothing illegal about buying a gun for someone , who can legally own a gun in the first place, but in the incident described it is MHO that the store should have said no becasue how do they know the person standing next to him his is son or if he can legally own a gun? I am just saying that from my experiance here you would not get away with that.

[zeus3925]

I am Ok with that in this case, BUT if they have the same forms as we do AND he clearly stated he was buying it for someone else while in the store, the people in the store had really no option but to not sell him the gun. Think about it, IF he said I am buying this gun for this guy standing next to me as he describes (son or otherwise, I would think the store would have the obligation to say NO. Granted there is nothing illegal about buying a gun for someone , who can legally own a gun in the first place, but in the incident described it is MHO that the store should have said no becasue how do they know the person standing next to him his is son or if he can legally own a gun? I am just saying that from my experiance here you would not get away with that.

I am as mystified as you are. I bought the gun at a big national chain outlet. Their explanation was since I was providing the funds, I was the owner of record. What I did with it when I walked out the door was my responsibility. The salesman walked me to the door, handed me the gun and I in turn in front of him handed it to my son and said,"Happy Birthday and enjoy. Let's go hunting tomorrow."

They never questioned my son's right to possess a firearm or asked for his ID.

[badbullgator]

I am as mystified as you are. I bought the gun at a big national chain outlet. Their explanation was since I was providing the funds, I was the owner of record. What I did with it when I walked out the door was my responsibility. The salesman walked me to the door, handed me the gun and I in turn in front of him handed it to my son and said,"Happy Birthday and enjoy. Let's go hunting tomorrow."

They never questioned my son's right to possess a firearm or asked for his ID.

While I agree that you can do this as a gift, I would have to think it is not supposed to work like that. Granted there is nothing stopping you from going in alone and coming out and giving it to him. Like I said in Florida that would not fly...of course there is always someone who woulld I am sure but our state is pretty strict and because of it we have pretty liberal gun laws (or at least laws that favor the gun owner)

[toddh]

There is no check for a straw purchaser in MN at least. Last fall I bought a semi auto shotgun for my son as a birthday present. He was with me at the store. He picked the gun and we made it plain to the sales staff that he was the recipient of the gun. To my surprise I was the one that had to the background check as I was providing the cash for the purchase.

As stated by others, the clerk who sold you the gun did so illegally. A dealer cannot sell you a gun knowing that the gun is for someone else. The clerk was lucky there wasn't an ATF agent standing there.

What you do with the gun when you get home is up to you.