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Straw sales between private parties ?

Posted: Sat Oct 26, 2019 8:24 am
by scrypyr
I have a firearm for sale and a guy contacted me showing interest. After talking he wanted time to think later his GF asked me if was still for sale.

She confirmed his phone number and said she wanted to buy it as a surprise Christmas gift.

I know an FFL would not do the sale since it is a kinda a straw sale.

Does this apply to private sales? I would still ask for her CCW or if she doesn’t have one a Bill of Sale with photo of her license.

Don’t want to get myself into legal trouble.

Thanks.

Re: Straw sales between private parties ?

Posted: Sat Oct 26, 2019 9:45 am
by iron369
I always thought straw purchases were only a thing when someone is knowingly selling/buying a firearm for someone who is not allowed to legally purchase a firearm. (I’m not an attorney). I’ve bought guns I intended to give as gifts. I’ve sold guns to people that later gave them as gifts. Neither situation is illegal.

Re: Straw sales between private parties ?

Posted: Sat Oct 26, 2019 10:07 am
by Rescue9
Private party sales are not subject to straw sale rules.

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Re: Straw sales between private parties ?

Posted: Sat Oct 26, 2019 10:09 am
by scrypyr
Thank you both for the help.

Re: Straw sales between private parties ?

Posted: Sat Oct 26, 2019 10:10 am
by Niceguy
I agree with this ^^^. I'm no legal figure either though.

Re: Straw sales between private parties ?

Posted: Sat Oct 26, 2019 11:44 am
by drewhenderson13
Whether or not straw sales are subject to the same laws with private party sales as FFl sales is irrelevant. She said she wants to buy it for him as a gift. Buying guns as gifts is totally legal and not a straw purchase.

I wouldn’t bother with taking pictures of her drivers license either. If you think she or he is a felon or otherwise can’t legally own a gun then don’t sell it to either of them.

If you have no reason to believe they can’t legally own a gun then just sell it to them and forget any paperwork. You have no legal obligation to do all that and aren’t at any increased risk for legal trouble if you don’t do it.

Re: Straw sales between private parties ?

Posted: Sat Oct 26, 2019 11:47 am
by drewhenderson13
Personally, if I get a funny feeling about someone I’ll just ask them directly “are you a felon? Can you legally own a gun?” If they try to dodge the question or anything like that I refuse the sale.

Re: Straw sales between private parties ?

Posted: Wed Oct 30, 2019 9:21 am
by guncrank1
There is no such thing as straw sales between private citizens
Straw sales are any thing that attempts to circumvent federal law .