Straw purchase

Under United States federal gun laws, a straw purchase is any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is not the "actual purchaser", but is acting as a proxy for another person. Although the term is commonly used to refer to purchasing on behalf of a person who is legally ineligible to purchase or possess a firearm, the law does not make that distinction.

The term does not apply when the firearm is being purchased as a bona fide gift.

In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the "straw purchaser" (who can also be charged with lying on Federal Form 4473) and the "ultimate possessor". The first question on the form 4473 is “I am the buyer of this firearm” and the purchaser must answer honestly yes or no in ink, in his or her own handwriting.

Many gun shops have jointly participated in programs (such as: “Don’t Lie For The Other Guy”) to deter such purchases. Many gun shop owners (and employees) have found out the hard way that allowing an obvious “straw-man” purchase to occur in one’s store or business is a recipe for instant loss of their Federal Firearms License, and prosecutionFact|date=August 2008. ATF often targets dealers with stings to keep dealers on their toes –– or to document incidents of continual wrongdoing by that particular dealerFact|date=August 2008.

traw purchase other than firearms

A straw purchase can also be defined as any purchase, where the purchaser is knowingly purchasing an item or service for someone who is not able to complete such a transaction. In the realm of a car purchase, a straw purchase is prevalent as well. If a certain individual does not have the appropriate credit to purchase an automobile, based on his or her credit alone, he or she may solicit a friend or relative to purchase the automobile for the use of another. As it is legal to purchase a vehicle for personal use, if one were to purchase a vehicle under the guise of personal use, and to turn the use of the vehicle in a full-time capacity to another, that would also be considered an example of a straw purchase.

The above example, however, is not a straw purchase under the definition given at the beginning of this page. There is no law prohibiting a person from purchasing a product for another with a lower credit rating. The purchaser is liable for the credit on the purchase should the recipient default, but is not guilty of any felony. The felony only occurs when the purchaser attempts to hide the existence of the vehicle's recipient. Credit lenders are trying to change this, however, and have had some success in a few US states.

A straw purchase can also connote a purchase dealing with a wide range of dealings including, but not limited to: housing, tobacco, alcohol, prostitution, drugs, firearms, automobiles and dealings with credit, such as loans and credit cards.

If intent can be proven, this action is illegal and punishable according to state and federal law.

igns of a Straw Purchase

* The customer seems preoccupied as if he or she is trying to remember something they were supposed to get.
* The customer seems ignorant about firearms and has no real desire to learn about them, yet still wants to buy one.
* The customer comes into the store, notes the cheapest guns and then comes back with money.
* The customer attempts to buy multiple handguns that cost less than $200 each.
* The customer walks in with somebody who directs them on what to buy for them.
* The customer says that he's actually buying the guns for someone else, underage.

If the shopkeeper notices any of these signs, he or she has the right to refuse the sale regardless of the results of the NICS background check.

Famous straw purchases

* Robyn Anderson for Eric Harris and Dylan Klebold, perpetrators of the Columbine High School massacre.

References

External links

* [http://www.dontlie.org A Joint Campaign to Prevent Straw Purchases]
* [http://www.atf.gov/field/philadelphia/press/050101straw.htm ATF News]
* [http://www.mayorsagainstillegalguns.org/ Mayors Against Illegal Guns Coalition homepage]
* [http://www.atf.gov/firearms/ffrrg/ltright.htm ATF Online Learning Theater]