Restricted buyer

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Restricted buyer

Postby mmcnx2 on Sun Feb 25, 2018 10:16 am

Was at a charity event and a guy won a gun. When he went to sign for it, he had his girl friend put it in her name. They questioned it and he said he was restricted due to a past domestic issue. Everyone knows this guy hunts, has a number of shotguns and rifles. I told the paperwork guys I would not process it; sounded like a straw purchase to me. Also thought the guy should be reported. It was not my event I was just an attendee paying for silent auction item. Does the charity have any exposure and if they have second thoughts how would they go about reporting it at this point.
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Re: Restricted buyer

Postby photogpat on Sun Feb 25, 2018 12:09 pm

mmcnx2 wrote:Was at a charity event and a guy won a gun. When he went to sign for it, he had his girl friend put it in her name. They questioned it and he said he was restricted due to a past domestic issue. Everyone knows this guy hunts, has a number of shotguns and rifles. I told the paperwork guys I would not process it; sounded like a straw purchase to me. Also thought the guy should be reported. It was not my event I was just an attendee paying for silent auction item. Does the charity have any exposure and if they have second thoughts how would they go about reporting it at this point.


Looks and smells like an attempted straw purchase.
Nothing to see here. Continue swimming.
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Re: Restricted buyer

Postby Jack's My dog on Sun Feb 25, 2018 1:04 pm

photogpat wrote:
mmcnx2 wrote:Was at a charity event and a guy won a gun. When he went to sign for it, he had his girl friend put it in her name. They questioned it and he said he was restricted due to a past domestic issue. Everyone knows this guy hunts, has a number of shotguns and rifles. I told the paperwork guys I would not process it; sounded like a straw purchase to me. Also thought the guy should be reported. It was not my event I was just an attendee paying for silent auction item. Does the charity have any exposure and if they have second thoughts how would they go about reporting it at this point.


Looks and smells like an attempted straw purchase.


I agree. I would imagine the group likely has liability, but the FFL more if they had been advised not to make the transfer. The group may not have any criminal liability, but I am sure there would be substantial exposure on the civil side if anything went south. -Note I am not a lawyer. I do not envy your predicament.
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Re: Restricted buyer

Postby Sorcerer on Sun Feb 25, 2018 1:11 pm

I’ve herd that these raffles will generally give you the choice of the fire arm or cash. As soon as he stated he was restricted they should went with a cash pay out. No idea how they unring the bell. They could ask politely if he’ll trade the fire arm for cash. If the antis get a hold of this it’s going to be a rallying point.
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Re: Restricted buyer

Postby Holland&Holland on Sun Feb 25, 2018 6:40 pm

Smells fishy to me as well, but to play devil's advocate how was it won? Was it a raffle ticket or auction? Who paid? I would think who ever bought the ticket or bought the auction item would be the purchaser.
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Re: Restricted buyer

Postby mmcnx2 on Sun Feb 25, 2018 6:56 pm

It was a raffle. So I guess he could claim he gifted the winning ticket to her and then she technically won the gun. The part that concerned me was the conversation at the table and the charity volunteer helping with the paperwork just shrugging it off. It use to be only the hunting groups raffled guns, but now youth sports team, fire dept's, heck everyone seems to and the volunteers are rarely gun guys that know the laws.
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Re: Restricted buyer

Postby Holland&Holland on Sun Feb 25, 2018 9:35 pm

mmcnx2 wrote:It was a raffle. So I guess he could claim he gifted the winning ticket to her and then she technically won the gun. The part that concerned me was the conversation at the table and the charity volunteer helping with the paperwork just shrugging it off. It use to be only the hunting groups raffled guns, but now youth sports team, fire dept's, heck everyone seems to and the volunteers are rarely gun guys that know the laws.

Agreed
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Re: Restricted buyer

Postby Randygmn on Mon Feb 26, 2018 6:39 am

I would have never processed the firearm after hearing the details you explained. Unless there’s additional info we aren’t privy too, like she was bidder or actually bought the ticket. If he essentially declared himself the winner and asked to process the gun to his girlfriend because he’s prohibited, that’s an illegal transfer (straw purchase). Once the FFL heard that, if that’s who processed the paperwork, he’s supposed to flag the transfer AND report it. And yeah, no one wants to get someone they know in trouble, but now the FFL is liable. The gun doesn’t even have to be used in a crime at this point, the crime was the transfer. No Bueno.
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Re: Restricted buyer

Postby jdege on Mon Feb 26, 2018 7:18 am

Transferring a raffle ticket may or may not be allowed under the rules of the raffle, but it's not against any federal law.
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Re: Restricted buyer

Postby Erud on Mon Feb 26, 2018 8:00 am

You guys aren't big fans of that whole "Shall not be infringed" thing, eh? :cogitating:
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Re: Restricted buyer

Postby Holland&Holland on Mon Feb 26, 2018 8:28 am

Erud wrote:You guys aren't big fans of that whole "Shall not be infringed" thing, eh? :cogitating:


I am just not big fan of sitting in a federal cell.
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Re: Restricted buyer

Postby Erud on Mon Feb 26, 2018 8:35 am

Holland&Holland wrote:
Erud wrote:You guys aren't big fans of that whole "Shall not be infringed" thing, eh? :cogitating:


I am just not big fan of sitting in a federal cell.


Not sure I follow. How would a known gun-owning hunter having a firearm he won transferred to his girlfriend land you in a federal cell? Seems like a MYOB type of situation to me.
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Re: Restricted buyer

Postby Ghost on Mon Feb 26, 2018 9:03 am

Erud wrote:
Holland&Holland wrote:
Erud wrote:You guys aren't big fans of that whole "Shall not be infringed" thing, eh? :cogitating:


I am just not big fan of sitting in a federal cell.


Not sure I follow. How would a known gun-owning hunter having a firearm he won transferred to his girlfriend land you in a federal cell? Seems like a MYOB type of situation to me.

I agree with your MYOB and that's what I'd do.

On the other hand this guy apparently told them he couldn't own firearms and had them put it in her name because of it, straw purchase unless it's really hers and he'll never get to use it. Sounds to me like something a newspaper would do in order to get a story.
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Re: Restricted buyer

Postby Holland&Holland on Mon Feb 26, 2018 9:24 am

Erud wrote:
Holland&Holland wrote:
Erud wrote:You guys aren't big fans of that whole "Shall not be infringed" thing, eh? :cogitating:


I am just not big fan of sitting in a federal cell.


Not sure I follow. How would a known gun-owning hunter having a firearm he won transferred to his girlfriend land you in a federal cell? Seems like a MYOB type of situation to me.


You are not following, a known gun-owning hunter who just stated he is not allowed to own firearms asking you to transfer to his girlfriend on his behalf. I believe there is a law on the books about selling to a person with knowledge they are disallowed from possession.
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Re: Restricted buyer

Postby Erud on Mon Feb 26, 2018 9:37 am

Holland&Holland wrote:
Erud wrote:
Holland&Holland wrote:
I am just not big fan of sitting in a federal cell.


Not sure I follow. How would a known gun-owning hunter having a firearm he won transferred to his girlfriend land you in a federal cell? Seems like a MYOB type of situation to me.


You are not following, a known gun-owning hunter who just stated he is not allowed to own firearms asking you to transfer to his girlfriend on his behalf. I believe there is a law on the books about selling to a person with knowledge they are disallowed from possession.


Wait, he's asking ME to transfer it? The way I read the story, the OP was neither the winner, nor the one doing the transfer. He was just hanging around and offered his unsolicited legal advice on the situation. So yeah, still sounds like MYOB to me.
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