Straw purchase question.

[SW-Shooter]

A young man in Iraq wants to purchase my gun. He's in Iraq and wants me to send it to his FFL so his dad can pick it up for him.

Is this a straw purchase?

I said it was and couldn't sell it to him. Was I right?

[thopkins22]

A young man in Iraq wants to purchase my gun. He's in Iraq and wants me to send it to his FFL so his dad can pick it up for him.

Is this a straw purchase?

I said it was and couldn't sell it to him. Was I right?

I said this. "I doubt this guy is a felon. I'm pretty sure it's only a straw purchase if this guy can't legally buy it on his own and is having his father buy it for him."

I was wrong, read the other responses.

[C2Q]

Section 12(a) of the Form 4473 makes it clear that, by law, the individual filling out the ATF Form 4473 firearms transaction record must be purchasing the firearm for himself or herself or as a gift.

That individual must be the one actually paying for the gun. It is illegal for an individual to have another person buy him or her a firearm. This is knowing as a "straw purchase."

Example:

Bill and Al go to a gun shop because Bill wants a shotgun for hunting. Bill picks out the gun and gives Al the money. Al fills out and signs the sales record and pays for the gun. The gun dealer knows the gun is really for Bill, but he knows that neither one is a criminal. He lets the deal go down. All three have broken the law.

[chadbag]

I doubt this guy is a felon. I'm pretty sure it's only a straw purchase if this guy can't legally buy it on his own and is having his father buy it for him.

What I wrote below is not correct. I did some more research and found the following link:

http://www.atf.gov/pub/fire-explo_pub/2005/p53004/gen_info.pdf

Look around page 165

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IANAL
IANALAIDPOOTV

IANAFFL

I think there was a FAQ in SAR or other magazine I read a while back that addressed this. It is only a straw purchase if the person receiving it as a proxy is doing so because the person who will actually get it is not allowed or is disqualified. If both the proxy and the ultimate recipient are legally allowed to possess then it is not a strawman purchase.

An example given was a parent or spouse purchasing a gift firearm.

Get the guy in Iraq to give you a sworn statement that he is legally allowed to possess a firearm in his home state and is not a felon or otherwise disqualified and you will have covered your bases.

Good luck

[C2Q]

You were right...it is a straw purchase.

[SW-Shooter]

It wasn't worth the potential hassle so I told him it is a no-go, but he'll be in country next month so I might hold it for him.

Thanks for the responses.

[HughJass]

What these guys say is correct under ATF reg's it is indeed considered a "straw purchase". However, the wording on the 4473 is deceitful and would probably not hold up if challenged in court. The Legal definition of what a "straw purchase" is directly contradicts the ATF regulations. Remember however that as an administrative agency like the ATF has the power to make regulations and they can be challenged in court but at great expense of course.