Strawman in progress...
This is really old. I found it in my drafts that I never got around to posting. The main thing for me is that it points up how, with all the conflicting and stupid gun laws we have, even Mrs. Brady can't buy a rifle for her son as a birthday present without running afoul of some law or another. I doubt she "gets it" yet, but she should have. One thing for sure it shows me what a twit she is for being unable to learn from her experience.
______________________________________________Bloomberg fiasco:
Sarah Brady Fiasco : Possibly broke Deleware law, but not Federal Law.
According to her book, the store ran federal Brady Law and state background checks with much ado. But the book suggests she did not have her son checked, as required by Delaware law.Delaware Justice Department spokeswoman Lori Sitler said the purchase could be illegal if Mrs. Brady did not say who she was buying the gun for and submit his "name, rank and serial number" for an inquiry."You can't purchase a gun for someone else," Sitler told the Daily News. "That would be a 'straw purchase.' You've got a problem right there."
http://suppressednews.com/newsitems/national/EpEZpplFEVhridXiug.html
Court case
http://www.cs.cmu.edu/afs/cs/user/wbardwel/public/nfalist/us_v_moore3.txthttp://www.cs.cmu.edu/afs/cs/usr/wbardwel/public/nfalist/us_v_dollar.txtIn United States v. Dollar (25 F.Supp.2d 1320), Judge U. W. Clemon explained that the brother and sister defendants had sold guns out of their store from 1990 to 1994. The judge noted that the law against straw purchases is based on the 1968 federal statute making it unlawful "for any person in connection with the acquisition of a firearm from a … licensed dealer" to "knowingly make any false or fictitious oral or written statement … intended or likely to deceive such … dealer … with respect to any fact material to the lawfulness of the sale …" (18 U.S. Code 92(a)(6)). Thus, if John Jones cannot lawfully buy a gun (e.g., he is a convicted felon), and if Sam Straw (who has a clean record) buys a gun from a gun store for the purpose of giving the gun to Jones, then Sam Straw has committed a "straw purchase" and can be sent to federal prison. If the licensed firearms dealer is complicit in the straw purchase, then the dealer is also guilty of a crime.
Sting Operations:
The federal courts are split on whether it's a crime for a dealer to sell a gun to a person whom the dealer thinks is an illegal buyer, but who is actually a legal buyer. Contrast United States v. Plyman (551 F.2d 965 [5th Circuit, 1977]), which argued that it is not a crime to sell to a legal, in-state buyer who falsely claimed to be an illegal, out-of-state buyer, with United States v. Colichhio (470 F.2d 977 [4th Circuit, 1972]), which found that such a sale is a crime. http://www.nationalreview.com/kopel/kopel060903.asp
Pamphlet
In 1980, the BATF published written guidelines for firearms dealers, detailing the meaning of "Straw Man Transaction." The BATF explained that it was all right for one person to purchase a gun on behalf of a second person, "as long as the ultimate recipient is not prohibited from receiving or possessing a firearm." In 1984 and 1988, BATF published similar guidelines."Clarification of 'Straw Man Transaction' (79-10)""The term 'Straw Man Transactions' may be familiar to you. If not, we believe it would be helpful to you to explain what *1324 'Straw Man Transactions' are and offer some guidance concerning this type of transaction."Straw Man Transactions" are of two basic types, each of which involves a 'third party' sale. In the first type, the dealer may have reason to believe that the person who executes the Form 4473 is being used as a conduit to make an illegal sale to a person prohibited by the Gun Control Act from purchasing a firearm. For instance, a dealer may be approached by a potential purchaser who, when asked to identify himself, produces out-of-State identification or identifies himself as a felon. When the dealer informs the individual that he cannot sell to him because he is an out-of-State resident or a felon, the individual produces a friend who is eligible to purchase. The friend ('Straw Man') is then used as the purchaser ofrecord when it is obvious that the actual recipient is a prohibited person."The second type of 'Straw Man Transaction' is similar to the first. However, in this instance, it is the dealer himself who suggests to the potential purchaser that a third party be used to effect the sale and such a sale is completed. "The Gun Control Act of 1968 does not necessarily prohibit a dealer from making a sale to a person who is actually purchasing the firearm for another person. It makes no difference that the dealer knows that the purchaser will later transfer the firearm to another person, so long as the ultimate recipient is not prohibited from receiving or possessing a firearm. A dealer may lawfully sell a firearm to a parent or guardian who is purchasing it for a minor child. The minor's subsequent receipt or possession of the firearm would not violate Federal law, even though the law does prohibit a dealer's direct sale to the underage person."What the Act forbids is the sale or delivery of a firearm to a person the licensee knows or has reason to believe is a person to whom a firearm may not be sold (e.g., a nonresident or a felon) or to a person the licensee knows will transfer the firearm to a person prohibited from receiving or possessing it."A firearms licensee runs the risk of violating the law when he becomes involved in a transaction where it is apparent that the purchaser of record is merely being used to disguise the actual sale to another person, who could not personally make the purchase or is prohibited from receiving or possessing a firearm."Where the dealer knowingly utilizes this technique to sell a firearm to a prohibited person, both he and the 'third person' or 'Straw Man' are placed in a position of unlawfully aiding the prohibited person's own violation. "We realize that this circular is quite general in tone. The best advice we can give is that the dealer should be sure to have Form 4473 completed by the person to whom the dealer is actually selling the firearms; and if the dealer has any reason to believe the firearm is being acquired for a prohibited person, he should avoid the transaction.Federal Regulations of Firearms and Ammunition, ATF P 5300.12 (11/80)In 1995, BATF changed the guidance, and instructed dealers that a straw purchase also includes sales in which both the initial buyer and the ultimate recipient could legally purchase and possess firearms – EXCEPT IN THE CASE OF ACTUAL GIFTS. http://www.atf.gov/pub/fire-explo_pub/geninfo.pdf
16. "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 execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, 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 acquiring 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 unlawfully 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 example, 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 purchases. 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.
DOJ SearchLabels: Politics
