Straw Sell?

[memphismason]

Ok when is it ok to sell a gun?

Scenario #1: I bought a S&W model 19 back in Jan. maybe the 17th I think. Could I sell it today and it not be considered buying a gun for someone else?

Scenario #2: I bought a S&W model 4043 today, and got a heck of a deal ($200 less than a local pawn shop is sell the same gun for in about the same shape). I am going to the range tomorrow night and shoot it. Say I hate the gun (what ever the reason) and a buddy is with me or just a random person at the range sees it and comments on it. We work out a deal, and BAM I just sold a gun less than 48 hours after I bought it.

Should I hang on to it a while before selling a gun I hate? But I really didn't plan on having the funds tied up into something I don't like.

Or can I sell it right then?

What does the law say about straw sells?

[Guest Traumaslave]

A straw purchase is purchasing of firearm specifically for someone else. As in, I can't pass a TICS so you buy the gun for me. Really, unless that other person is at the point of sale, it is hard to tell if it is a straw purchase.

You can sell firearms w/o a license as long as you are not making a living at it.

Yes, you can sell those without breaking the law.

[Guest 70below]

I'm by no means an authority on this and I'm sure someone with more knowledge will pop in, but I think its all a matter of intent. If they were going to try and prosecute you, they would have to prove the intent to purchase a firearm for someone other than yourself. Unless you were doing this on a regular basis, or you turned after you bought a new pistol and handed it to your buddy and congratulated him on his new pistol, I think that would be somewhat hard to prove. Now if you were buying and selling them making a profit on a regular basis, maybe they would try to get you for dealing in firearms without a license, but you're really have do that often probably to get noticed.

[BryanP]

The way I've heard it described, neither of your scenarios describes a straw sale.

If I buy a gun and go through the background check knowing I'm going to sell it to person x, that's a straw sale. If I buy a gun and decide I just don't care for it and then sell it to person x, it's not.

[memphismason]

A straw purchase is purchasing of firearm specifically for someone else. As in, I can't pass a TICS so you buy the gun for me. Really, unless that other person is at the point of sale, it is hard to tell if it is a straw purchase.

You can sell firearms w/o a license as long as you are not making a living at it.

Yes, you can sell those without breaking the law.

Thank you.

I was just curious. I have no interest in selling either right now.

[memphismason]

It is weird rules, I know.

I have never seen it discussed on here before, and figured it would help others out too.

But who knows, cause I didn't use the search first.

[Guest db99wj]

No straw sale as I see it. I always thought it is a legal purchase of a firearm with the intent to sell or transfer to a person who legally can't purchase or own a firearm. There is intent, there is knowledge, there is a "deal" already made.

[dralarms]

I bought a Glock 22 (lucky I didn't shoot my ass off) , took it home shot 2 mags through it. Decided it was not for me and sold it that day to a friend (he hasn't shot his ass off either). No straw purchase since I bought it for myself, and then didn't want to keep it.

[RoDan]

Nope, not a straw sell/purchase.

Gotta watch those Glocks, fingers tend to mysteriously end up in the trigger guard without warning. Too bad we don't train NOT to do that.

Oh, and generally you'll shoot yer eye out before you shoot your ass off.