I'm On Fire wrote:
Sunny Boy wrote:There's details about this case that folks are missing.
You can still legally buy guns as "presents" for family members.
You can still buy a gun for yourself, and later, if you don't like it, legally sell it to another person through FFL's.
What you CAN'T do is accept money from someone else and then go buy a gun for them and declare on the form that the gun is for you. That's how this guy broke the law and got nailed for it. He lied about who the gun was being purchased for, even though he and the end gun owner both passed a back ground test and the transfer was done through FFL's.
And that's why the SC upheld the conviction. It was a true straw purchase - he lied about who he was buying the gun for.
Don't lie on the form. Buy the gun as a gift, or get paid after selling the gun to a second party through an FFL and you'll be ok.
So, from what I gathered, the guy who was just convicted lacked any common sense.
I wouldn't get too wrapped around the axle on this one. It's being played up more by the gun grabbers as a win and panic by the gun supporters who don't understand.
The guy tried to get around the pre existing law. The spirit of the law is to keep guns away from those who can't legally have them. The ruling was more about the letter of the law. A straw purchase has always been against the law regardless of who is involved. He got caught committing a felony by lying on the form and tried to get off by using the excuse that both gun buyers could pass a back ground check and legally own a gun, plus the exchange was being done legally through FFL's,. However, that only met part of the requirements.
On the form, it clearly asks if your buying the gun for yourself (as the end user).
And it also clearly says that lying on the form is a felony right near where you have to sign the form. The guys a cop, he knows better.
Plain and simple - if he bought the gun before he got money from the other guy, and compounded the error by lying about he being the gun end owner, he'd be ok and this never would have come up. It would have been handled just like a regular gun sale from a gun owner to a buyer.
If the gun grabbers could have twisted that part to stop gun purchases, or preventing the sale of a gun by the gun owner, or a gun owner gifting it to family, I think they would have by now.