TxRVer wrote:Thanks for the information. Until yesterday I thought a straw purchase only applied if you were buying for someone that couldn't or wouldn't fill out the forms. Yesterday's readings changed my mind but I was still in doubt. Right now, I'm still a little confused about private sales. When buying from a dealer and you fill out the forms, you're guilty of falsifying the form if you buy for someone else and check yes. In a private sale, you aren't claiming to buy for yourself, so is it legal?
What confuses me the most are the purchases made in the behalf of Bloomberg, The Today Show, newspapers and magazines that send people to gun shows to buy guns. To my knowledge none of these people has been arrested for making a straw purchase.
Private sales are not subject to the Gun Control Act in Texas (in California, private sales are ILLEGAL). However, there's two issues to pay attention to:
1) If you purchase a gun one day, and sell it to somebody the next, and it is ever used in a crime/confiscated, you can be sure the ATF or FBI will be asking you some questions. It's still legal, say, for you to buy a gun, shoot it, determine you don't like it, and then privately sell it (here in Texas). That's not unusual.
2) If you know, or have reason to believe, that the purchaser is not allowed to own a firearm, you can be charged with various crimes. Most people will keep a Bill of Sale
to record the transaction. Some will even require you show a CHL before selling. Most importantly though is that the sale must be done to a resident of that same state. If you sell a handgun to an out-of-state person, even if they're 100% "legitimate", you could (more likely: "will") be in violation of federal laws.
BTW: The acts taken by Bloomberg and the Today Show ARE illegal. The current administration has no interest, however, in discouraging these illegal acts so long as they advance their agenda. If Glenn Beck went out and did the same thing, you can be sure the ATF would swarm his household in a microsecond (my opinion
I don't fear guns; I fear voters and politicians that fear guns.The Old Cannon Armory
is an FFL/SOT in the Austin area.
$20 transfers for current CHL holders, fire/police, and veterans, $30 for others, $50 for Class III items