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ATF Stay Out

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Thread replies: 24
Thread images: 2

Hypothetical scenario here.
>Person A lives in PA and is over 21
>Person A buys a handgun legally
>Person B is over 18, under 21
>Person A sells the gun to person B for cash

What are the possible repercussions for person A? Can they end up like pic related? All hypothetical of course
>>
it's called a straw purchase, and it's illegal in many cases. in many states it depends on the relationship between the two people. if they're blood relatives, in many states it's okay. some states also make exceptions if one party is a LEO. all you need to do to find out for your state is google "Pennsylvania straw purchase laws"
>>
>>32920315
Idk about PA but in TX that could work if you say, took the handgun to the range, discovered you don't like the handgun and decided to sell it.

But yeah what you're trying to do is considered a straw purchase and is illegal
>>
>>32920353
>>32920631
I'm having some trouble finding info about the penalties. Anyone know how stiff they are?
>>
>>32920649
stiff enough to get a cock in your butt
imagine the charges if the person you sold it to misuses it

patard here ....
>>
>>32920649
Not worth it, is how stiff they are.
>>
>>32920649
well, it's a felony, so don't get caught. your chances of getting caught are near nil unless it's a honey pot or one of you is retarded and admits it to someone.
>>
>>32920649
Most federal weapon/ATF violations are felonies
>>
>>32920657
>>32920661
>>32920671
Thanks fellas, this is as much as I needed to here. I do not want a cock in the butt no way no how.
>>
>>32920353
>>32920649
>>32920657
>>32920661
>>32920671
No, it's not. It's only a straw purchase if Person B got Person A to do it for them, with Person A purchasing the weapon with the intent of purchasing it for Person B.Otherwise it's just someone buying a gun, then deciding to sell it, unless it can be proven otherwise.
As for the legality of the sale due to age, I have no clue.
>>
>>32920315
It would be totally fine if there was no way for them to prove intent, such things as text messages, emails, written notes or postings to forums asking the consequences of committing a felony which requires intent....

If the person is not a felon and they are able to poses a handgun you are all good to buy one with the intent to sell or gift it. If you buy it under their direction you are guilty of making false statements on a federal firearms transaction record, which is a crime. If you know they are not legally able to own it you are making a straw purchase and unlawful sale of firearms to a felon if that is why they can't have it.
>>
>>32920315
If you buy with the intent to turn around and sell it, it's a straw purchase, but if you've already bought it, you ARE allowed to sell it.
>>
>>32921266
Wrong

You can buy all the guns you want with the intent to sell them. How do you think gun broker works? Many people make it a business of buying guns, especially relatively rare models and then trying to resell them for a profit.

If you buy them under the direction of someone else it is a straw purchase, it it is with the intent to sell to people who are felons it's making false statements on a federal form and illegal transfer of firearms to a felon as mentioned above. >>32921266
>>
>>32920315
Private selling is generally perfectly legal but in this case it might still be illegal because you specifically bought it with intent to sell it. Hard to prove intent is your saving grace should you face the long dick of the law but if the ATF wants your pooper you bet your sweet ass they'll do whatever they can to get it.

Just find something else to sell or you could even start trying to make things to sell yourself. You could also sell your virginity if you're desperate for cash, I'm sure you can get a quarter or two.
>>
>>32922166
Talking from a fiscal point of view here so it might not apply for firearms.

The duration between buying and selling might be the key to prove or disprove the initial intent behind the purchase.

If :
- you sell your gun two or three years after the purchase
- and you don't have a whole stockpile of weapons
- and you don't have an habit of selling guns

Then it will be easy to argue that you didn't purchase the gun just to sell it back.

To prove the date of sales and purchases, there are many ways.
But since you won't do any paperwork, I guess, then the best one is the date of the money transfert, assuming you do it by bank transfert and not just in cash.
>>
>>32920649
10 years in prison

$250,000 fine
>>
>>32921419
>You can buy all the guns you want with the intent to sell them.
While not a straw purchase you cannot be in the business of selling firearms without an FFL01.
>>
>>32920315
Person A, if they are very well known to person B (i.e. parent, family member, long time friend) can purchase the gun as a GIFT and only a GIFT for person B. But that means no compensation of any kind can exchange hands. Not even favors or yardwork or material goods exchanged.

Best chance is just to wait, or build a Polymer80 Glock lower.
>>
>>32920871
>>32920871
Yeah, but believe me, if the recipient "misbehaves" with the firearm at all, and the police investigate, they're going to see the date of the private "sale" and the date of the dealer purchase, and that proximity is going to arouse enough suspicion to get you into trouble.
>>
>>32921419
Stop talking, you're wrong.
Buying ANY AMOUNT of firearms with the intent to resell them requires an FFL01 or higher.
GunBroker works because almost all the high volume sellers have FFLs, and I should know, as I do about 3 million a year in sales on GB.

You can sell as many firearms as you want, as long as they weren't originally purchased with the intent to resell.
>>
>>32920353
>>32922814
https://en.wikipedia.org/wiki/Evidence_(law)#Direct_vs._Circumstantial_evidence
>>
>>32922814
>they're going to see the date of the private "sale"
Uh, how are they going to do that?
>>
File: 1485972404931.jpg (62KB, 585x467px) Image search: [Google]
1485972404931.jpg
62KB, 585x467px
>>32920315
In Florida you'd be fine.

>have to be 21 to buy handgun from store, background check, 3 day wait if no permit
>can private sale handgun at 18, no background check
>>
if person A buys a gun and decides they don't want it, then that's fine Federal
if person A buys it for the express purpose of selling it (to person B or even a hypothetical 21+ person C), then that is a violation of Federal law
Thread posts: 24
Thread images: 2


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