SCOTUS rules against straw purchases

Discussion in 'Politics, Religion, Social Issues' started by citizenzen, Jun 16, 2014.

  1. macrumors 65816

    citizenzen

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    Mar 22, 2010
    #1
    Justices voted 5-4 with Kennedy being the swing vote.

    Straw purchases are a common way guns are funneled into criminal hands.

    It's one small victory may help to reduce the ease with which people can acquire firearms.
     
  2. macrumors G5

    ucfgrad93

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    #2
    As a supporter of the 2nd Amendment (AKA gun nut to some:rolleyes:), I find this to be a good ruling. If you can legally purchase a gun, then you should do it yourself and not have someone else do it for you.
     
  3. macrumors 6502a

    webbuzz

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    #3
    Agreed. All to save his Uncle a few bucks under the "blue label" program.
     
  4. macrumors 65816

    Southern Dad

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    #4
    In the end that will be an expensive discount.
     
  5. macrumors regular

    jkcerda

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    #5
    interesting
    so HOW would you gift s shotgun/handgun/AR/rifle to your kids?
     
  6. macrumors 68020

    P-Worm

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    #6
    You want to?

    P-Worm
     
  7. macrumors G5

    ucfgrad93

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    #7
    Send them a check and let them go get the gun themselves.
     
  8. macrumors 68000

    VulchR

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    #8
    I presume you mean your offspring who are now responsible adults, yes? :eek:
     
  9. thread starter macrumors 65816

    citizenzen

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    #9
    You fill out the federal form correctly.
     
  10. macrumors 65816

    iBlazed

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    #10
    How very sensible of SCOTUS!
     
  11. thread starter macrumors 65816

    citizenzen

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    #11
    Or at least 5 out of 9 of them.
     
  12. macrumors 65816

    iBlazed

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    #12
    Yeah but that's how it usually goes down. Unfortunately.
     
  13. macrumors 6502a

    webbuzz

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    #13
    This is correct.

    Also, if you are buying the firearm as a gift, follow state laws (some require FFL for transfer (interstate and intrastate). Abramski used an FFL to transfer the Glock.

    The problem was he was not the buyer.


    ucfgrad's idea is simpler. Buy them a gift card or give them a check.
     
  14. macrumors Penryn

    rdowns

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    #14

    If it were up to me, the purchasing adult would be responsible for that weapon until the minor turned 18, at which point they would need to pass a background check.
     
  15. macrumors 6502a

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    #15
    If it's a gun you own, say one that you have purchased for yourself, you can sell it or transfer it with the proper paperwork. I wonder what will constitute ownership? Will there be a set time limit put on a firearm after purchase before it can be sold or transferred to another individual. Because they'd have a different battle on their hands if someone purchased the gun, shot it once, and transferred it with the excuse that they did not like it.
     
  16. macrumors regular

    jkcerda

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    Jun 10, 2013
    #16
    allow me to re-phrase.
    based on article
    right now some guns that ARE bought by LEO are later sold in the private market GLock 42 as an example, can this be consider a "straw purchase" IF the gun is legally bought & later sold?

    Glock 42 & a few others are considered "off roster" here in CA.
     
  17. macrumors 68020

    Macky-Mac

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    #17
    you've wandered way far away from the definition of a straw purchase with your example
     
  18. macrumors 6502a

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    #18
    I don't know. I think it would be up to the courts to decide. Did the person buy a weapon with the intent to own it and then later sell it? If so, then probably not, but if they bought it with the intent of purchasing it for someone else, then most definitely.

    ----------

    In fact, there is apparently a national campaign aimed at preventing straw purchases, which will have to rethink what they're telling people.

    http://www.dontlie.org/straw_purchasing.cfm
    They state that a straw purchase is one that is made for an individual that can't legally purchase a firearm, which is the opposite of what the SCOTUS just ruled.
     
  19. macrumors 604

    thejadedmonkey

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    #19
    Honest question, how would you buy a gun as a gift? Is it even possible?
     
  20. macrumors 6502a

    webbuzz

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    #20
    I don't think the BATFE cares about the California firearms roster, it is a state issue. From my understanding, if the "off roster" firearm was registered legally in California, it can be transferred.

    Your example is not a straw purchase.

    ----------

    Posted above.

     
  21. macrumors 601

    Technarchy

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    May 21, 2012
    #21
    Gifting is not a straw purchase. Though you have an issue if that person could not pass a background check which is required by law for all purchases made from a federally licensed dealer.

    Giving someone money to buy a gun on your behalf is a straw purchase.

    Buying a gun with the intent to sell it later is dealing firearms without a license, not a straw purchase.

    ----------

    This is legal to do in most cases, but expect a visit from the ATF if you have a pattern of buying firearms and selling them. This can be regarded as dealing without a license. Just depends on the circumstances being investigated.

    In Utah, private gun sales are typically handled with a bill of sale, and showing of a CCW, Military or LEO ID.
     

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