Bass Pro straw purchase

[Dolomite_supafly]

So today my wife and I found ourselves at Bass Pro walking around. She found a shotgun she wanted so she decided to get it.  

She filled out the background and we went to eat while waiting for the background to came back. After eating we left the restaurant and she had to go to the restrooms so went to the gun counter to pay. I asked if she passed and the clerk said she passed the background without a problem. I pulled out my wallet to pay and the clerk said that I could not pay for it. I asked why and he said it was illegal for me to pay for HER gun. I tried to explain that anyone can pay as long as the background came back and he held up a mousepad saying straw purchases will get you 10 years. I laughed and about that time my wife walked up so I walked away. 

While waiting on her I decided that I would speak to a store manager just as a FYI. I explained what had happened and he was adamant that I could not pay, even with cash, and that doing so was a straw purchase. Even if the background is already done it is still a straw purchase according to him if I pay for someone else. I tried to explain that once the background is done anyone can pay and he said no because their "expert" has said it constitutes a straw purchase if someone else pays. I asked about buying it as a gift and he said doing a background for someone else is perfectly legal as long as the person doing the background pays. At that point he offered to let me do the background for my wife's gun if I wanted to pay instead of her. 

Seems like they have things flipped. I can't pay because it is an illegal straw purchase if I pay but letting me do a background for someone else isn't illegal as long as I am the one who pays for the gun. 

 

[FUJIMO]

A buddy that lives in Lebanon told me a tale of a similar incident that happened to him and his wife at a newly opened small gun shop. Him being a high strung vietnam vet (think cotton hill) and the owner boasting his knowledge of the law WAS the law made for a bad scene. But eventually cooler heads prevailed (the wives of both parties) and she got her gun, lol. Surely someone on that side of the counter has misread something because it sounded like the same thing that happened to you. 

[Omega]

I can kind of see their point.  There is a fine line on what can be seen as a straw purchase and having the one that does the background check pay is one way to insure that they do not violate the rule of law.  When a gun is given to someone, it is still the purchaser that gets his/her background checked, not the one that is gifted the gun.  When my daughter gave me a Rugger Mark III , I went with her, ran my BG AND paid, so there would be no real or perceived issues.  Because many gun laws are not real clear, many places choose to err on the side of caution.

[KahrMan]

I know a local gun shop owner that handled things exactly that way.  A couple would come in, pick out the gun, the woman would do the background check and then the guy would try to pay.  He always refused the sale.  The person who ran the background check always had to pay, at least at his store.  

 

It is easy for us to think that is ridiculous but we are not the ones that have to answer to the ATF either.  When the ATF writes you up for putting St. instead of Street you get a gun shy. 

[i1afli]

29 minutes ago, Dolomite_supafly said:

He said doing a background for someone else is perfectly legal as long as the person doing the background pays. At that point he offered to let me do the background for my wife's gun if I wanted to pay instead of her.

If he is suggesting that you can fill out the background check for a gun that's going to someone else and that's okay because you're the one paying for it, he is completely backwards on the law (i know about gun bought as a gift but i believe that's a different situation that the Manager was describing.)  Its about who's taking possession of the gun, not who is paying for it.

[KahrMan]

7 minutes ago, i1afli said:

If he is suggesting that you can fill out the background check for a gun that's going to someone else and that's okay because you're the one paying for it,

That is perfectly fine as long as the other person did not pay you to buy it for them.  Techincally you are buying the gun for yourself.  Even if you plan to give it away there is nothing wrong with that as long as they did not give yo the money to buy it and you have no reason to believe they would be disqualified from buying one on their own.

Edited August 22, 2017 by KahrMan
typo

[peejman]

The statement that you paying for it constitutes a straw purchase is incorrect.  They've simply adopted a more stringent store policy to help prevent straw purchases.  I might have gotten a little pissy with them over what's functionally an accusation of violating the law, when the reality is it's merely store policy.  

 

 

[i1afli]

After reviewing the 4473 question i see how the store can get hung up on who's paying for it.

Question 11 starts with "Are you the actual transferee/buyer...?", i was thinking it only said "transferee", so i'm not sure how the ATF intends that to be interpreted...they probably don't either.

 

[Raoul]

It's Bass Pro. They're a fishing store that pretends to sell guns.

[Ronald_55]

Just now, Raoul said:

It's Bass Pro. They're a fishing store that pretends to sell guns.

That is the truth that I have always seen. Lol

[Raoul]

I went in to my local BP with full intentions of purchasing a handgun. 3 guys behind the counter talking to one guy. I waited a while and no one offered to wait on me. I asked if I could get some assistance and was told it would be a minute. At that point I was tired of being ignored and took my business elsewhere. As I said... it's a fishing store

[RED333]

3 minutes ago, Raoul said:

I went in to my local BP with full intentions of purchasing a handgun. 3 guys behind the counter talking to one guy. I waited a while and no one offered to wait on me. I asked if I could get some assistance and was told it would be a minute. At that point I was tired of being ignored and took my business elsewhere. As I said... it's a fishing store

I received the very treatment from a used to be vendor here on the forum, walked out. Sent a message to the member letting them know how I was treated. Have not been back and it has been more than 3 years or so.

As far as the OP, their store, their rules, I dont in there to buy anything.

[Wingshooter]

48 minutes ago, Raoul said:

It's Bass Pro. They're a fishing store that pretends to sell guns.

It still makes me sick that BP is buying Cabelas. I run into customer service issues at BP as well.

Edited August 22, 2017 by Wingshooter

[Ronald_55]

2 minutes ago, Wingshooter said:

It still makes me sick that BP is buying Cabelas. I run into customer service issues at BP as well.

Plus, it means that at some point I will not be able to order online with no tax. Cabela's not having a TN location works out great for me. I am 20 minutes form it if I just have to run in, but it is over the VA line.

[Wingshooter]

18 minutes ago, Ronald_55 said:

Plus, it means that at some point I will not be able to order online with no tax. Cabela's not having a TN location works out great for me. I am 20 minutes form it if I just have to run in, but it is over the VA line.

Same for me with the one in GA. It's perfect.

[gregintenn]

Anyone who's married would know the money in the husband's wallet is really hers. He's just holding it for her. Don't believe me? Ask a judge.

[peejman]

1 minute ago, gregintenn said:

Anyone who's married would know the money in the husband's wallet is really hers. He's just holding it for her. Don't believe me? Ask a judge.

Indeed. 

[Ronald_55]

^^^^^^ Agreed

[bersaguy]

I can't remember when BPS opened in Nashville but I can tell you exactly how many times I have been in it. 4 times and every one of those I was rding with someone else and they just decided on a spare of the minute to stop in for something. I have made a purchase each time. OutBoard Motor oil for my Skeeter Bass boat. They do have a good price on it. As far as me driving to BPS to actually shop will never happen. I have heard to many horror stories about them like this thread by OP right here.

[Mark A]

Nashville Armory did the same thing. My wife picked out a M&P she wanted and ran the background check. When it was time to pay she looked at me and I told her I wanted her to do it. I just wanted the entire transaction to be her so she knows how it works (in case she wants to surprise me or something). Anyway, before I could explain that, the employee gave my wife a lecture on straw purchases...

I just let it go and was happy that she did the entire deal.

So, not just typical retail employees... For what it's worth I don't have a big problem with it. If I were a dealer I might institute the same policy to keep an employee from making an honest mistake.

[Dolomite_supafly]

But honestly outside of the payment snafu the service was great. The kid behind the counter helped us out a lot and took it like a champ as we were trying on half the shotgun rack. And the price wasn't too awful bad either.

[No_0ne]

A chain like Bass Pro has an army of lawyers and accountants who determine store policies.  These policies are designed to protect the store, not you.  Given the fact that we have often discussed here how ATF regulations are interpreted in various ways by their own agents, is it surprising that a corporate entity is erring on the extreme side of caution?  In their situation, I would imagine many of us would do the same ...

Edited August 23, 2017 by No_0ne

[JeffL]

17 hours ago, Dolomite_supafly said:

But honestly outside of the payment snafu the service was great. The kid behind the counter helped us out a lot and took it like a champ as we were trying on half the shotgun rack. And the price wasn't too awful bad either.

You sure you were in Bass Pro?

[Dolomite_supafly]

I tend to be frugal so I check prices and their price was within $30 and for that I will pay extra and walk out with it.