Looking for gun recently purchased from Keith's Sporting Goods

[New Shooter II]

I wanted to keep you all in the loop here. I spoke to Keith today and he is holding the gun for me for now and I am working on the transfer details now. He does not want to transfer to California due to all of the California BS... I will let you all know what we come up with.

Don

 

[Muddman]

I wanted to keep you all in the loop here. I spoke to Keith today and he is holding the gun for me for now and I am working on the transfer details now. He does not want to transfer to California due to all of the California BS... I will let you all know what we come up with.

Don

Congratulations, hopefully it all works out.

 

[gallogiro]

Good for you, Don. Glad to hear things are working out so far.

What was with all the run around though? Do you think the feedback from NWFA made a difference?

 

[wayoutwest]

I wanted to keep you all in the loop here. I spoke to Keith today and he is holding the gun for me for now and I am working on the transfer details now. He does not want to transfer to California due to all of the California BS... I will let you all know what we come up with.

Don

Don, being semi familiar to CA gun laws, I assume you have checked the DOJ safe handgun roster to make sure it can be sent back into CA. From the run around you are receiving I don't think Keith being a dealer will be willing to register with CA DOJ to ship it direct to your FFL. You may need to find a private party to purchase it and ship it.

Chris

 

[ZeroRing]

Not that you'd necessarily WANT to do this but have you considered getting the "family member" that originally sold it to Keith to buy it back (obviously for a fair price for the trouble) since they must be fairly close to Keith's??

Then this "family member" could get the gun back to you in whatever way you and your family member can work out?? Might avoid FFL transfer fees that way.

 

[New Shooter II]

Getting the original family member involved is NOT even a possibility. Keith is fed up with them, and rightly so. I will call Keith monday morning again and see what other options he will accept. I will probably need someone to purchase it and then transfer to my FFL, all at my expense. I am going to offer Keith an additional sum of money to handle from his end first. I will update again tomorrow once I know.

Don

 

[ZeroRing]

Getting the original family member involved is NOT even a possibility. Keith is fed up with them, and rightly so. I will call Keith monday morning again and see what other options he will accept. I will probably need someone to purchase it and then transfer to my FFL, all at my expense. I am going to offer Keith an additional sum of money to handle from his end first. I will update again tomorrow once I know.

Don

Kinda what I figured. Glad to hear that he is at least working with you to resolve the situation though.

 

[MarkSBG]

+1

 

[Keane]

Don, being semi familiar to CA gun laws, I assume you have checked the DOJ safe handgun roster to make sure it can be sent back into CA. From the run around you are receiving I don't think Keith being a dealer will be willing to register with CA DOJ to ship it direct to your FFL. You may need to find a private party to purchase it and ship it.

Chris

The private-party bit is absolutely foolish, it is considered a straw-purchase. Fed. law considers it a straw purchase no matter if the other person can have it legally!

 

[OcelotZ3]

Really? Even when the very next transaction goes *through* an FFL?

That would seem a bit overextending the intent...

 

[Keane]

From my understanding, yes. I was about to offer to do this for him if necessary (or recommend someone else do it), however the 'straw purchase' laws don't make a particular exemption for the through-another-ffl case.

Apparently, the "I'm the buyer of this firearm" question covers this. My understanding is that you can only buy a firearm as a gift, or for personal use.

Interesting point this brings up: Purchasing a firearm for the purpose of resale, assuming you DON'T fall under Straw purchase problems, could be construed as 'dealing', which will get you into a bit of trouble.

 

[wayoutwest]

From my understanding, yes. I was about to offer to do this for him if necessary (or recommend someone else do it), however the 'straw purchase' laws don't make a particular exemption for the through-another-ffl case.

Apparently, the "I'm the buyer of this firearm" question covers this. My understanding is that you can only buy a firearm as a gift, or for personal use.

Interesting point this brings up: Purchasing a firearm for the purpose of resale, assuming you DON'T fall under Straw purchase problems, could be construed as 'dealing', which will get you into a bit of trouble.

OK after some Google searching I can see what your saying....

But "I am the buyer of this firearm" and now I have decided that I don't want it, and found someone else interested it.

What is the required length of time one has to be in possession of said firearm before being able to sell it without being a "dealer"?

 

[Keane]

I think it comes down entirely to intent. If you post in this thread, or go through with this, I think the horse is out of the barn.

 

[Trlsmn]

http://en.wikipedia.org/wiki/Straw_purchase

"a straw purchase is defined as any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is acting as a proxy for another person. The law does not distinguish between someone who is purchasing on behalf of a person who legally cannot purchase or possess a firearm, and one who is not. In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor. One of the questions on form 4473 is "I am the buyer of this firearm" and the purchaser must answer honestly yes or no, by checking the appropriate box in ink. However, purchase of a firearm as a bona fide gift for someone who can own such a firearm is permitted."

To do this deal it needs to go from Keiths to another dealer. As much as we would all like to help the guy out I suggest no one here as a private citizen stick his neck out, it's just not worth it. A felony gun charge would mean you would never again legally own a firearm, not to mention the joys prison would mean to your lifestyle.

If the OP wants this gun bad enough he can and will make legal arraignments without the need to involve any private citizen.

 

[OcelotZ3]

The description seems to assume that the "straw buyer" buys the gun and then sells it to the other person, which means that the "actual" buyer hasn't gone through any required background checks and thus might not be eligible to own the item but got it anyway.

If, however, someone buys a gun and says they are the buyer, then sells the gun through an FFL which requires a background check of the other buyer, then you aren't actually acting as a "straw buyer", since every transaction has been tracked by the system and all of the required background checks are in order.

As mentioned it might then fall under "dealing" instead...

 

[Sandman86]

I buy you a gun for your birthday...

You buy me something with the receipt i can return for costco for a refund for my birthday...

 

[Keane]

Yeah... thats going to be against the law by the same laws. Any law man with 1/2 a brain would see right through that.

 

[Sandman86]

was a joke lol, thats why i put multiple faces.

Im just stoked Keiths cooperating

 

[Keane]

Heh, ok, just making sure. I REALLY wouldn't want to see a good person go to the clink over following advice from a joke post.

 

[New Shooter II]

I deffinately do not want to break any laws on my behalf or anyone elses. I also have been doing a fair share of research on the subject as well. I will be in contact with Keith tomorrow to discuss my options.

Don