Posted on 12/17/2015 5:56:14 AM PST by E. Pluribus Unum
It may also be a Cali crime, but buying a gun not for use by yourself is a Federal crime. US DOJ Form 4473 question 11a asks if the gun is only for yourself and makes it clear you can’t buy a gun to be used by someone else. The Feds have taken a lot of joy in prosecuting otherwise law abiding citizens who have bought guns for friends and relatives, kind of surprising to see them go after an actual criminal.
A major exception to this of course is if you are part of a federal program to transfer guns to drug cartels, then you’re ok.
Greed. I always thought that it took a special kind of stupid to get convicted of a straw purchase.
There’s no federal law that prohibits a gift of a firearm to a relative or friend that lives in your home state. Abramski v. United States, a recent Supreme Court decision involving a “straw purchase†of a firearm did not change the law regarding firearms as gifts. The following states (California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island, Washington State) and the District of Columbia require you to transfer a firearm through a local firearms retailer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun. Maryland and Pennsylvania require a background check for private party transfer of a handgun. There are exceptions, so it’s important to carefully check the law of your state or ask your local firearms retailer.
http://www.nssfblog.com/giving-a-firearm-as-a-gift-some-reminders-from-nssf/
Yes many fools get in trouble by not doing some basic research.
One other thought. Last I hears the scum killer had bought the pistols “legally”. If that is true why would the rifles have been a problem for him? Just wondering out loud.
A godless tortilla-head.
Per link: http://www.wsj.com/articles/friend-of-san-bernardino-shooter-to-be-charged-officials-say-1450363171
At one point in his discussions with federal agents, Mr. Marquez claimed he bought the weapons as a favor to Mr. Farook, who did not want to undergo the scrutiny of another background check for the weapons purchase, according to people familiar with the investigation.
Ah yes a special kind of stooped.
Evidently, he was also stupid enough to marry the Russian sister of the killer’s brother in a sham marriage to get her into the country. That will get you in trouble with the authorities as well, if they decide to throw the book at him.
I thought I saw a reference to the sisters being Chechen - could have been speculation. The Boston Bombers were Chechen as were some of the terrorists in the Beslan massacre. If true, interesting that the women married into a ‘terrorist’ family.
Mexi-slimes!
“Just to be clear - the gun transfer would be state charges”
However, it’s also against the FEDERAL law to knowingly participate in a straw purchase, which is exactly what Enrique Marquez stupidly admitted to. So I expect to see Federal charges as well.
http://www.dontlie.org/straw_purchasing.cfm
Muzzoamerican.
“I wish the article would have stated what the charges would be.”
That information has yet to be made public by law officials. We’ll know as soon as actual charges have been levied.
“asks if the gun is only for yourself and makes it clear you can’t buy a gun to be used by someone else. The Feds have taken a lot of joy in prosecuting otherwise law abiding citizens who have bought guns for friends and relatives”
That has not been my experience as an FFL. I LEGALLY sell firearms all the time to people who state that the guns are gifts for friends or relatives.
Just buying a gun for someone else is not a crime. It IS a crime if someone buys a gun for someone else because they know the other person can’t pass the instacheck or simply doesn’t want their name used. That’s called a straw purchase and it IS illegal:
http://www.dontlie.org/straw_purchasing.cfm
“I always thought that it took a special kind of stupid to get convicted of a straw purchase.”
Indeed. Especially for the FFL dealer themselves.
Basically, for an FFL to have broken the straw purchase law, they have to have KNOWINGLY participated in a straw purchase, in other words, the buyer says something to the effect that they are buying the gun for their brother-in-law who just got out of prison for serving a 20 year term for murder and can’t pass the check, and the FFL says something to the effect of “Sure, why not. That’s OK by me.”
Found that out downthread. Seems he even admitted it to the feds. Stupid.
“Last I hears the scum killer had bought the pistols “legallyâ€. If that is true why would the rifles have been a problem for him? Just wondering out loud.”
It’s a good question. Especially since there apparently was 2-3 years between the purchase of the rifles and the handguns. I’m gonna guess the rifles were unnecessarily purchased that way due to sheer ignorance of the law.
I bet they could make a good case for some “conspiracy to commit” charges as well. Felony murder might be a stretch.
A Mexlim, convert to Islam?
a mojammadan
I hope they are waterboarding this puke in order to roust the rest of the cell before they strike at Christmas.
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