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To: Jim Noble; Kaslin; Sacajaweau
No question it was a straw purchase. Open and shut case

Technically, it was NOT a "straw purchase".

The definition of straw purchase says

A “straw purchase” occurs when the actual buyer of a firearm uses another person, a “straw purchaser,” to execute the paperwork necessary to purchase a firearm from a federally licensed firearms dealer (FFL).1 A straw purchaser is a person with a clean background who purchases firearms specifically on behalf of a person prohibited from purchasing a firearm because he or she is a convicted felon, domestic violence misdemeanants, juvenile, mentally ill individual or other federally or state-defined prohibited person.2 The straw purchaser violates federal law by making a false statement to the FFL about a material fact by lying on ATF Form 4473 (the firearm transaction record) or presenting false identification in connection with the purchase.
So, since she didn't buy it in order to transfer it to a prohibited purchaser, it's not a straw purchase. It's still illegal, in that she made "a false statement to the FFL about a material fact by lying on ATF Form 4473".
15 posted on 06/18/2016 4:38:08 AM PDT by PapaBear3625 (Big government is attractive to those who think that THEY will be in control of it.)
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To: PapaBear3625

Wait a minute! If she was asked by CBS to purchase the gun, doesn’t that make a straw purchase?


16 posted on 06/18/2016 4:42:20 AM PDT by Kaslin (He needed the ignorant to reelect him. He got them and now we have to pay the consequences)
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To: PapaBear3625

>>>So, since she didn’t buy it in order to transfer it to a prohibited purchaser, it’s not a straw purchase.<<<

Not true. The receiver of the gun does not have to be prohibited.

Here is what the ATF has to say on the matter. See the part I highlighted with carets.

15. STRAW PURCHASES
Questions have arisen concerning the
lawfulness of firearms purchases from
licensees by persons who use a “straw
purchaser” (another person) to acquire
the firearms. Specifically, the actual
buyer uses the straw purchaser to execute
the Form 4473 purporting to show
that the straw purchaser is the actual
purchaser of the firearm. In some instances,
a straw purchaser is used because
the actual purchaser is prohibited
from acquiring the firearm. That is to
say, the actual purchaser is a felon or is
within one of the other prohibited categories
of persons who may not lawfully
acquire firearms or is a resident of a
State other than that in which the licensee’s
business premises is located.
Because of his or her disability, the person
uses a straw purchaser who is not
prohibited from purchasing a firearm
from the licensee. >>>>>>>>>In other instances,
neither the straw purchaser nor the actual
purchaser is prohibited from acquiring
the firearm.<<<<<<<<<
In both instances, the straw purchaser
violates Federal law by making
false statements on Form 4473 to the
licensee with respect to the identity of
the actual purchaser of the firearm, as
well as the actual purchaser’s residence
address and date of birth. The actual
purchaser who utilized the straw purchaser
to acquire a firearm has unlawfully
aided and abetted or caused the
making of the false statements. The
licensee selling the firearm under these
circumstances also violates Federal law
if the licensee is aware of the false
statements on the form. It is immaterial
that the actual purchaser and the straw
purchaser are residents of the State in
which the licensee’s business premises
is located, are not prohibited from receiving
or possessing firearms, and
could have lawfully purchased firearms
from the licensee.
An example of an illegal straw purchase
is as follows: Mr. Smith asks Mr.
Jones to purchase a firearm for Mr.
Smith. Mr. Smith gives Mr. Jones the
money for the firearm. If Mr. Jones fills
out Form 4473, he violates the law by
falsely stating that he is the actual buyer
of the firearm. Mr. Smith also violates
the law because he has unlawfully aided
and abetted or caused the making of
false statements on the form.
Where a person purchases a firearm
with the intent of making a gift of the
firearm to another person, the person
making the purchase is indeed the true
purchaser. There is no straw purchaser
in these instances. In the above example,
if Mr. Jones had bought a firearm
with his own money to give to Mr. Smith
as a birthday present, Mr. Jones could
lawfully have completed Form 4473.
The use of gift certificates would also
not fall within the category of straw purchases.
The person redeeming the gift
certificate would be the actual purchaser
of the firearm and would be properly
reflected as such in the dealer’s records.


19 posted on 06/18/2016 5:00:53 AM PDT by Malsua
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To: PapaBear3625
Technically, it was NOT a "straw purchase".

Yes, that's what I thought, as well.

Otherwise, you couldn't buy a firearm as a birthday gift for a minor child.

Further, the recipient was a FFL holder. If he bought it from her, it was a simple financial transaction.

44 posted on 06/18/2016 8:15:19 AM PDT by justlurking
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