TexasCHLforum.com

I'm trying to buy a gun that is a good 3+ hours from me. I have friends in the area. Is it considered a straw purchase for me to electronically send the money to the buyer and have a friend pick the gun up for later transfer to me?

Are you purchasing this from a dealer or private owner?

shooter76blue wrote:Are you purchasing this from a dealer or private owner?

Private

If this is a private sale, then the gun owner will probably not be filling out the transfer paperwork (form 4473) which means it is not a straw purchase. Straw purchase is when you fill in the question on the 4473 that asks if the weapon if for your use and you answer yes and then give it to someone else. Bear in mind, IANAL...

Gotcha. Thanks!

That is my understanding as well because they don't charge you with making a straw purchase, they charge you with making a false statement on a government form. When you fill out the FfL transfer paperwork, one of the questions asks if the gun is for you. They simply describe the act of saying yes so you can make the purchase for someone else who otherwise cant a straw purchase.

To be a straw purchase wouldn't he have to be legally unable to buy a gun? I'd think the fraud would be a possibility but not a straw purchase?
Brian

blackgold wrote:To be a straw purchase wouldn't he have to be legally unable to buy a gun? I'd think the fraud would be a possibility but not a straw purchase?
Brian

This, even if from a dealer there is nothing wrong with buying a gun and then reselling it to you.

zero4o3 wrote:

blackgold wrote:To be a straw purchase wouldn't he have to be legally unable to buy a gun? I'd think the fraud would be a possibility but not a straw purchase?
Brian

This, even if from a dealer there is nothing wrong with buying a gun and then reselling it to you.

Not that I agree/disagree with you, but you missed the point. The OP wants to pay for the gun and then have someone else pick it up for him. So, the person picking up the gun (courier, for lack of a better term) is not the purchaser of the gun, and would not be reselling it to the OP.

If you are doing something that involves a different state, then you have issues if you are trying to purchase a handgun. Different guidelines for handgun vs. long gun.

In today's emotionally charged society, if I were the SELLER, I would not allow this type of transaction. The seller has the burden to say that the seller has no reason to believe the buyer could not legally possess a firearm. If the seller is then giving that gun to another person (courier), that's a whole 'nother can of worms. And then you run into the potential where the seller says courier picked it up, courier says no, and buyer has no gun. Lots of potential problems. This is why almost everyone on this forum doing private transactions wants a FaceToFace transaction. So, no, it's not a straw purchase. But problems waiting to happen.

TBM

I am not a lawyer; nothing in this communication should be construed as legal advice.

^ Good points. Not another state. We'll see what happens. It's a hassle for me and the seller, but I do want the gun.

Straw purchase only applies to dealer sales. For now.

I don't think any laws are broken by any of the three parties if you buy the gun in Texas and your friend picks it up and holds it for you, but like TBM says, I would worry if I was the seller and didn't know you. It's cleaner if you send the money to your friend, he buys it for you with your money as your agent, and the seller doesn't know the details.

And I am going to keep my opinion to myself this time.