The guy does have a built-in defense: he never took possession of the gun, and never intended to.
It's not against the law to hand someone money and say, "Here you go. Go buy that gun, and keep it for yourself. I don't want to touch it, because I'm afraid of guns."
The ATF and me
Moderator: carlson1
llwatson wrote:He gave money to someone else to purchase a firearm for him, since he was not LEGALLY able to do so. That is called a "straw purchase".
He did this to prove that gun control laws don't work. Well, DUH! Laws only work for those willing to obey them.
And now he is all bent out of shape because the ATF is coming after him? What did he expect? A cookie?
I am in no way, shape, or form, standing up for the guy, but I don't see the violation.
Heck, I've bought my son a rifle before he could legally buy one himself. I bought a very small 22 rifle for my grandkids, who are 2,3 and 4. Were those straw purchases? NO. Me and my wife have been buying each other guns for a long, long time. Not straw purchases.
"I went with John Rosenthal, the Boston gun-control advocate the gun lobby loves to hate, a cop named Andrew Heggie, and a former prison guard, Walter Belair. I also took my kids, who got in free."
Says a cop went along also. Now if Bailey went with Rosenthal, Heggie, and Belair, to make a straw purchase, and crossed state lines in doing so, wouldn't that be conspiracy also?
I just don't see where giving someone some money, to buy themselves a gun, is a straw purchase. Bailey never took possession of the gun, and never planned to, being all afraid of inanimate objects and such.
We need to be very careful wishing bad things on people doing legal activities, because we are all just one step away from BATFE knocking on our doors if that is the case.
Dan
The thing is, there are a couple of different accounts of the story. Here is another quote from the one I cited earlier:
"Bailey admitted to committing a federal felony on live radio, and he also
involved the Boston Globe in his criminal enterprise by having them
reimburse him for the illegal purchase. He claims he gave the gun back to
the New Hampshire man, and doesn't know where it is now. Bailey's admission is simply outrageous."
If he "gave the gun back", then that means he had possesion of it at one time.
In the original radio story I heard, and I can't find the text right now, he said that he attempted to buy the gun from the FFL, and was refused because he was not a resident of the state. He then gave the money to the other participant to buy the gun for him. That is what makes it an illegal purchase. If that is true, then the guy who actually purchased the firearm is also guilty, and so is the dealer, if he witnessed the transfer of money beween the two.
You cannot purchase a gun for another person, just for the purpose of getting around the legal requirements.
Now, having said that, you CAN buy a firearm as a gift for another person, as you did for your family members. They did not give you the money to make the purchase - it was a gift.
"Bailey admitted to committing a federal felony on live radio, and he also
involved the Boston Globe in his criminal enterprise by having them
reimburse him for the illegal purchase. He claims he gave the gun back to
the New Hampshire man, and doesn't know where it is now. Bailey's admission is simply outrageous."
If he "gave the gun back", then that means he had possesion of it at one time.
In the original radio story I heard, and I can't find the text right now, he said that he attempted to buy the gun from the FFL, and was refused because he was not a resident of the state. He then gave the money to the other participant to buy the gun for him. That is what makes it an illegal purchase. If that is true, then the guy who actually purchased the firearm is also guilty, and so is the dealer, if he witnessed the transfer of money beween the two.
You cannot purchase a gun for another person, just for the purpose of getting around the legal requirements.
Now, having said that, you CAN buy a firearm as a gift for another person, as you did for your family members. They did not give you the money to make the purchase - it was a gift.
From http://trac.syr.edu/laws/18USC922.html, 18USC922, which is the federal law governing transfers of firearms:
- Jim
You can decide for yourself whether the guy broke the law.(a) It shall be unlawful - ...
(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;
- Jim
It is illegal to purchase a firearm for another person who cannot legally buy it for himself.DoubleJ wrote:In Texas, is it illegal to buy a firearm for someone who is not a resident?
is it illegal (obviously) to sell to someone who is not a resident?
same questions, but for ammo?
It is illegal to purchase a handgun outside your state of residence. You CAN purchase a long gun outside your home state.
None of this applies to ammo.
If you purchase a firearm, with your own money, then you can do whatever you want to with it after you take possession. If you want to give to your girlfriend for her birthday, and she lives in Oklahoma, then that is between you and your girlfriend.
However, if your girlfriend sends you $$$$ and says, "please take this money and go buy a gun for me".... now that's a problem.
However, if your girlfriend sends you $$$$ and says, "please take this money and go buy a gun for me".... now that's a problem.
I think that that is illegal.llwatson wrote:If you purchase a firearm, with your own money, then you can do whatever you want to with it after you take possession. If you want to give to your girlfriend for her birthday, and she lives in Oklahoma, then that is between you and your girlfriend.
http://www.atf.gov/firearms/faq/faq2.htm#b1:
You could get away with it, of course; but I think you could be prosecuted if it came to the attention of the authorities.To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State.
- Jim