January 4, 201313 yr Once again, nothing but speculation... You don't enforce a definition, you enforce a law. THERE IS NO STRAW PURCHASE LAW, for the love of god prove me wrong or move on. If i buy a gun today, with the intent of selling it tomorrow for a premium to a legal gun owner, I AM STILL THE BUYER of said firearm today and i am buying it on behalf of myself, i am not lying on form 4473. The reason you sell a firearm is completely irrelevant. There is no law saying why or when you can sell a firearm or at what price. The only thing that matters is that WHEN you buy the firearm, IT IS FOR YOU. PER FORM 4473 Support your opinion please. IF you do buy and sell firearms enough at what point they consider it a business you will be held to the standards of an FFL... that is what i am unsure about. If i buy a firearm today, say a collection piece with the intent on it being an investment to sell at a later date(never shoot it use it), even 15-20 years from today, its no different then flipping a "piece" overnight on gunbroker, the only difference is long term vs short term investment. If your going to buy and sell it can only be beneficial to have an FFL, which why people dedicated to it will have some form of license. But if you bought an AR off the shelf when SHTF, sold it with that intent to a legal gun owner, i don't see what law was broken... [18 U.S.C. 922(a) and 923(a)(1), 27 CFR 478.41©(d)] Q: What does “engaged in the business” mean? The term “engaged in the business,” as applicable to a firearms dealer, is defined as a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.
January 4, 201313 yr Author I've been told by quite a few lawyers.. purchasing a firearm, with the sole intention of transfering it to someone else, is indeed a straw purchase. I go to Joes Guns, buy 4 Rifles. I then go and collect the $ from Peter, Paul & Mary and do the paperwork. Hand them their rifles. I have just completed a straw purchase. Either way, I haven't decided on sell or keep yet. I'm pretty comfortable what would be doing won't be classified as one. So thats now null issue. Since my intent was to keep it, but changed my mind (IF i do.) simply to replace it with a bolt action. IF (still undecided but leaning to keep) I will literally add up my reciepts and that would be the price down to the change. Off the top of my head, "IF" I was to sell, it will be in the 1600-1700 range if i remember correctly. I'll even show the buyer receipts to prove I'm only getting my $ back. Going to do some shopping tonight, and I'll know after that what I'm doing. There is already a line via PM that is established. Feel free to throw your name in the hat. IF I decide to sell, in order those that have PM'd me will get a PM with the exact price. You will have 3 days to respond. The price is the price. All or nothing. The only option would be yes or no to ammo, at what i paid for it. This i feel is the fairest way..
January 4, 201313 yr If you bought them specifically for Peter, Paul and Mary upon their request with the sole intent on buying the rifles for them, then yes, there is an issue. Do what makes you feel comfortable, but in no way are you bound by the law to keep the rifle.
January 5, 201313 yr The gun was bought with the intent to keep it for yourself, you have now changed your mind. It's not a straw purchase, even if you sell it for more money than you paid for it.
January 12, 201313 yr Author Rifle is for sale, in the FS section 1600 with accesories/options for trade.
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