Straw purchase+known felon+officer dead=1 year probation (Read 2329 times)

rustyeleio

Straw purchase+known felon+officer dead=1 year probation
« on: November 08, 2015, 09:33:38 AM »
You better sit down before reading this one.

https://www.nraila.org/articles/20151106/woman-who-illegally-bought-gun-used-to-shoot-cop-sentenced-to-one-year-of-probation

W...T...F???!!! :grrr: :grrr: :grrr:

I bet the same judge would sentence the gun store to 5 years, the gun maufacturer 10 years, and the gun itself would get life! :wtf:

Jl808

Re: Straw purchase+known felon+officer dead=1 year probation
« Reply #1 on: November 08, 2015, 09:40:30 AM »
Accessory to the crime?
I think, therefore I am armed.
NRA Life Patron member, HRA Life member, HiFiCo Life Member, HDF member

The United States Constitution © 1791. All Rights Reserved.

Q

Re: Straw purchase+known felon+officer dead=1 year probation
« Reply #2 on: November 08, 2015, 09:54:01 AM »
This wasn't a straw purchase.

A straw purchase is purchasing a firearm from a FFL with the intention to sell it to someone who is restricted from purchasing firearms.

The firearm had already been used in the commision of crime(s), so this just makes it an illegal sale.

Wait a minute....I thought gun laws prevented people from selling guns illegally to people who couldn't have them? I know: lets make more laws. That will stop them from breaking the law AGAIN  :crazy:

mauidog

Re: Straw purchase+known felon+officer dead=1 year probation
« Reply #3 on: November 08, 2015, 10:38:32 AM »
This wasn't a straw purchase.

A straw purchase is purchasing a firearm from a FFL with the intention to sell it to someone who is restricted from purchasing firearms.

The firearm had already been used in the commision of crime(s), so this just makes it an illegal sale.

Wait a minute....I thought gun laws prevented people from selling guns illegally to people who couldn't have them? I know: lets make more laws. That will stop them from breaking the law AGAIN  :crazy:

No.  Although giving or selling the gun purchased through an FFL to a person prohibited from owning a gun is ONE reason people agree to a straw purchase, it's not part of the ATF definition.

Quote
specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show
that the straw purchaser is the actual purchaser of the firearm

From the article:  "A federal judge in Omaha on Monday sentenced a woman to one year of probation for illegally buying a gun on her boyfriend’s behalf from an FFL at a pawnshop."

Here's the full description:

Quote
15. STRAW PURCHASES
    Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a "straw
purchaser" (another person) to acquire the firearms.  Specifically, the actual buyer uses the straw purchaser to exe-
cute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm.  In some in-
stances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm.  That is to
say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully
acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. 
Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm
from the licensee.  In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquir-
ing the firearm. 

In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the
licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser's residence
address and date of birth.  The actual purchaser who utilized the straw purchaser to acquire a firearm has unlaw-
fully aided and abetted or caused the making of the false statements.  The licensee selling the firearm under these
circumstances also violates Federal law if the licensee is aware of the false statements on the form.  It is immaterial
that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises
is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms
from the licensee.

An example of an illegal straw purchase is as follows:  Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. 
Mr. Smith gives Mr. Jones the money for the firearm.  If Mr. Jones fills out Form 4473, he violates the law by
falsely stating that he is the actual buyer of the firearm. Mr. Smith also violates the law because he has unlawfully aided
and abetted or caused the making of false statements on the form.

Where  a  person  purchases  a  firearm with the intent of making a gift of the firearm to another person, the person
making the purchase is indeed the true purchaser.  There is no straw purchaser in these instances.  In the above exam-
ple, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could
lawfully have completed Form 4473.  The use of gift certificates would also not fall within the category of straw pur-
chases.  The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly
reflected as such in the dealer's records.

https://www.atf.gov/file/58686/download
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper