How are there so many repeat offenders that are violent with guns?
It seems to be some kind of trend to make guns a white-collar crime or something. Like, if you don't file the right paperwork before loaning someone a pistol at the range, then it's a crime; but if you mug someone its the gun's fault.
Also see why some gun laws are written in an extremely obfuscated and convoluted manner, for example the law that became a point of contention in State v. Rittenhouse.
Abramski v. United States suggests that SCOTUS recognizes that straw purchases are illegal. Although, I guess the current SCOTUS isn't above ignoring precedent that is popular with the people.
I assume you are referring to roe v wade, which is a case of where the precedent was wrong ín the first place (Abortion was pretty much banned everywhere in common law, so there was no precedent of it being an unenumerated right, for example) and was kept as a precedent because it was a precedent (ignoring the lack of underlying constitutionality)
Isn't this always the court's opinion when it overturns precedent?
Ask people if they want gun laws enforced, and they say yes. Ask people if they like it when prosecutors charge a guy with 30 crimes for committing one act of armed robbery, and many start singing a different tune.
In this case though, straw purchases _are_ the main crime and there is a real lack of enforcement for that particular crime.
Such a subcrime would be a "lesser included offense"; you can charge for both offenses, but you can't get a conviction on both of them at once.
What this discussion touches on is not multiplicity but unreasonable multiplication of charges (at least in my jurisdiction we call it that). The test here is not the logical question of whether one necessitates the other by definition; it's the factual question of whether the offenses are part of substantially the same transaction. For example, a prosecutor might charge perjury, fraud, and larceny, wrt someone swearing to some materially false fact and fraudulently obtaining someone else's property with intent to permanently deprive them of it. These three offenses are not subsets of one another, but are closely related; it isn't logically necessary to commit perjury to commit fraud, in the abstract, but in a particular case that might be the mechanism by which one commits fraud. In my jurisdiction, UMC charges can stay on the charge sheet (perhaps the jury finds guilt on one but not all?) but, if convicted of more than one, they are merged for sentencing.
if a straw purchased gun is used in a crime, I'd be surprised if it didn't get investigated.
Well, let's say the original purchaser happens to be suspected of a crime (completely unrelated to a straw purchase, let's say bank robbery) and during a search of that purchaser's house, federal agents find a receipt for a check with "Glock 19" written on the memo line, it'll get their attention [0]. Very likely scenario :)
Other than that, good old fashioned surveillance plus a getting a confession [1]. I've also heard ads on the radio for a tipline to tell cops about straw purchases. No idea how well that works, though.
0 - https://en.wikipedia.org/wiki/Abramski_v._United_States#Fact...
1 - https://www.justice.gov/usao-edpa/pr/philadelphia-woman-conv...
This is usually resolved by not adding the jail times for the crimes, but by doing MAX(a, b, ...) on them. Prosecutors will suddenly only care about the most important ones.
The gun problem is synonymous with the Republican problem.
Because blaming Republicans is just a canned argument at this point, can you unpack the mechanism a bit more? Are Democrats trying really hard to fund ATF, FBI, etc and Republicans are blocking it? Can you substantiate this claim with examples? I don't necessarily doubt it, but without substance this just reads like vapid flamebait.
A straw purchase is when a gun is purchased on behalf of someone else. The person buying the gun isn't using their own money, or the person they're giving it to has traded them something of value.
A gift doesn't involve an exchange of reciprocal value. In other words, I can legally take you into a gun store, let you shop, buy the gun for you, then hand it to you. In practice, a gift purchase is almost always when the recipient isn't there, because it looks like a straw purchase.
Ironically, if you take someone shopping to buy them a gun as a gift, by law you're the one that's supposed to have the background check run - not the recipient. Almost all FFLs will deny the sale if you tell them that you're buying it as a gift for someone who is present at the time, and there is no easy and legal way to run a background check on the intended recipient.
If memory serves, a cop was convicted a few years ago of a straw purchase after buying a "blue label" (police discount price) Glock for someone else. That person gave the cop the money, the cop bought it, then gave it to the person. The actual buyer in that case was not a prohibited person, and the straw purchase itself was the only crime committed.
> Ironically, if you take someone shopping to buy them a gun as a gift, by law you're the one that's supposed to have the background check run - not the recipient.
That is contrary to what is on ATF Form 4473 [0]. Form 4473, question 21.a., asks if the purchaser is the actual transferee of the firearm. The form makes it very clear that it is a crime to answer "yes" if the buyer is purchasing the firearm to transfer to another person.
[0] https://www.atf.gov/firearms/docs/4473-part-1-firearms-trans...
It's more of a gray area when it's an intrafamilial transfer.
As far as actually catching perpetrators? Again, without a database its usually down to undercover work and tips.
https://giffords.org/lawcenter/gun-laws/policy-areas/crime-g...
https://giffords.org/lawcenter/state-laws/trafficking-straw-...
https://www.fox32chicago.com/news/56-arrests-dozens-of-narco...
I have my doubts that in the situation that you described that there would be interest and motivation to prosecute, but if that buddy had gone on to commit a felony, or this was a repeated offense, then they would use warrants, subpoenas, and other standard prosecutorial tools to try to find the cache, get electronic records, and compel witnesses to testify. As someone else noted, all that's required is falsifying the the purchase details (Abramski vs US).
Nuance is required. In Florida, for example, it's legal for person to person private sale of firearms. There are restrictions that you're legally obligated to follow. Pulled this quick list from a search; https://www.pumphreylawfirm.com/blog/can-i-sell-a-gun-privat.... "Straw purchases" then means there has to be intent to provide it to someone free of charge (hard to prove) in addition to providing the firearm to someone for which it is illegal for them to own one. Otherwise it's merely a private sale.
This isn't a very good definition of a straw purchase. Buying a gun as a gift for someone is legal (federally, at least) and usually not considered a straw purchase. It's a straw purchase if you aren't the actual buyer, but are acting as an agent for somebody else, whether or not they could have bought the gun themselves legally, and whether or not money changes hands. It is, of course, up to the prosecution to prove you were acting as an agent rather than gifting, or buying for yourself and then later deciding to resell.
Straw purchases can happen if you are selling privately too. You should take a few steps to make sure the buyer is legit. Ask to see a concealed carry permit or FOID card. Or ask for a driver's license, and put the info down on a bill of sale that you then both sign. Keep the bill of sale forever, in case the gun should ever be stolen or used in a crime - it can help get the gun back to the new owner if the ATF does a trace.
Nope - it doesn't matter whether or not the actual buyer can legally purchase or possess it. A straw purchase is a crime regardless.
> You should take a few steps to make sure the buyer is legit.
Morally, yes. Practically, no.
You're only committing a crime if you know or should reasonably know the person you're selling to is prohibited. You have no legal duty to ask, and asking only proves that you considered the possibility, and could be construed as evidence that you were suspicious.
In college I would find deals on guns on Backpage, buy them cheap, and then resell them at a much higher listed price.
No background checks were required for private sales, so all I had to check was that the person had a driver's license for the correct state when I sold it, and even then no bill of sale or info was required.
Make your selling process known, and you'll get some very sketchy buyers that are willing to pay high prices, and it's all technically legal as the seller as you don't even need to ask if the buyer is legally able to purchase a firearm, and it helps fund college tuition.
1) acting as a dealer (buying with intent to resell - aka 'dealing in firearms' [https://fflconsultinggroup.com/federal-firearms-license-what...])
2) likely selling to those who were not residents in the same state (you mention drivers licenses 'for the correct state', which implies not all the same state) [https://thefirearmfirm.com/gifting-or-selling-a-firearm-acro...]
3) selling to those you reasonably suspect may not be eligible to own. [https://www.nrablog.com/articles/2016/4/buying-and-selling-a...]
Do you ever feel bad about selling guns to people who have been convicted of a severe enough crime to not be able to buy one directly?
I find that intuition is far more reliable than documentation anyhow. I’ve turned down several sales because the buyer struck me as irresponsible.
Having a higher willingness to pay could be a whole bunch of things; I just found there was a curious number of buyers that would pay over the going rate, which in a free market may have meant there was a reason for it.
I also take ideological issue with the felons cannot own firearms rules. Imo, if you've served your time, your debt to society was served, and your rights should be restored.
I was never under the impression that these weapons would be used for violent crime.
The way it works with firearms, purchasing a gun on behalf of somebody else (not as a gift) is illegal regardless of that other person's legal status as a gun owner. If you and I are both allowed to buy and own guns but for whatever reason agree that you will give me money and I'll buy a gun for you, that's illegal.
I've known people who buy and sell quite a few guns, and even though there was no legal requirement for them to do so, this was their policy. Show them a matching permit to acquire or carry permit and driver's license, or they wouldn't sell a gun. Nothing was written down, but if you weren't willing to show matching paperwork and an ID, they wouldn't sell it to you. And I think in a few cases, if the buyer was being unusually squirrely and evasive, they didn't even get that far.
Very, very few gun owners have any desire to sell guns to prohibited persons.
I know an awful lot of gun owners, and I can't think of one who would sell a gun to someone they suspected wasn't permitted to own one.
I bring this up because people like yourself slowly erode rights by doing "the right thing" when that thing is giving up something you will never get back.
21.a. Are you the actual transferee/buyer of the firearm(s) listed on this form and any continuation sheet(s) (ATF Form 5300.9A)? Warning: You are not the actual transferee/buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer the firearm(s) to you.
If you answer No to this question, the transfer cannot continue.
Cite: https://www.atf.gov/firearms/docs/4473-part-1-firearms-trans...
It may not be a straw purchase, but it’s also not primarily for your collection. The threshold of “business” or “dealing” seem intentionally vague by the ATF, but what you described can be interpreted as illegal without an FFL. My two cents anyway.
"Oh, gee, I just bought the gun on Tuesday and sold it on Thursday for no particular reason. It just happens that the gun appreciated by 20% during that time and my friend really didn't want to spend so much gas getting all the way to the gun store anyway. Who would have guessed such a fine person would be a felon? Same for the other 14 counts."
Say the seller transfers a gun they've owned for several years to an out-of-state prohibited person. The gun turns up in crime. The original purchases lies and says they sold it just one year after ownership to an in-state person, and haven't possessed this gun for several years. There's no requirement for sellers to keep record of who they sold firearms to, so it's hard to prove this defense wrong.
A straw purchase is someone asking you to purchase on their behalf and doing things like providing funds, telling you how to fill out the form and/or coming to the store with you. Those are the people that end up convicted.
You can think of it similar to tax evasion. Failing to declare $10,000 in income because you didn't understand the tax code is not a crime. Intentionally hiding $10,000 of income is.
If I purchase for myself, and then sell it to someone else, when does that constitute a straw purchase?
If that is your earnest intent when you bought it, then ostensibly it would be legal. However...
Laws aren't computer code; gray areas get hashed out in court. How often you've done this and the amount of time that passed between the purchase and sale would be considered, as well as any paper trail you might have left. Simply put, there is no firm answer to your question. Talk to a real lawyer if you think you're wading into a gray area like that.
Exactly.
My point was that GP skipped straight over the fact that this is significantly difficult to prosecute, and stated with no evidence that the federal authorities must "not be serious" about it.
Please search the FBI and ATF online data for people arrested and or convicted of straw purchases.
Then tell me how serious they are about stopping it.