Question for LEO

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firemedic1397
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Question for LEO

Post by firemedic1397 » Tue Feb 24, 2009 1:08 pm

Is it legal for someone to purchase a gun and sell it to someone else the next day or is there a waiting period. Also is it legal to straight up trade that NIB gun for another gun if no cash transaction is involved.

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mjmensale
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Re: Question for LEO

Post by mjmensale » Tue Feb 24, 2009 8:03 pm

The short answer is there's nothing preventing you from buying a gun (privately or from a dealer) and turning around and reselling or trading it right away, assuming the buyer isn't prohibited in any manner from owning a firearm.
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firemedic1397
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Re: Question for LEO

Post by firemedic1397 » Tue Feb 24, 2009 9:00 pm

Thank you for answering that I had heard rumors that led me to believe otherwise.

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fhp490
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Re: Question for LEO

Post by fhp490 » Tue Feb 24, 2009 9:04 pm

As long as the sale does not fall into the following catagory you will be ok.

Under United States federal gun laws, a straw purchase is any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is not the "actual purchaser", but is acting as a proxy for another person. Although the term is commonly used to refer to purchasing on behalf of a person who is legally ineligible to purchase or possess a firearm, the law does not make that distinction.

The term does not apply when the firearm is being purchased as a bona fide gift.

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. The first line on form 4473 is “I am the buyer of this firearm” and the purchaser must answer honestly yes or no in ink, in his or her own handwriting.

Many gun shops have jointly participated in programs (such as: “Don’t Lie For The Other Guy”) to deter such purchases
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firemedic1397
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Re: Question for LEO

Post by firemedic1397 » Tue Feb 24, 2009 9:14 pm

I think that is where the confuson was coming into place. I purchased a gun and found another I want to buy but have to sell this one in order to get it. I have barely owned the gun but for a week or so. I just really want this other gun and its a good deal. There shouldnt be any problems with that right?

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NonConformist
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Re: Question for LEO

Post by NonConformist » Tue Feb 24, 2009 9:27 pm

firemedic1397 wrote:I think that is where the confuson was coming into place. I purchased a gun and found another I want to buy but have to sell this one in order to get it. I have barely owned the gun but for a week or so. I just really want this other gun and its a good deal. There shouldnt be any problems with that right?

Right, you are GTG
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Re: Question for LEO

Post by fhp490 » Wed Feb 25, 2009 7:29 am

Sounds good to me, go for it.
There is no waiting period for private sales.
Your Freedoms Were Paid For By The Blood Of America’s Vets! For Those Who Fought For It, Freedom Has A Flavor The Protected Will Never Know!
If hooking up an terrorist's nuts to battery cables will save just one American life, then there are 3 things to remember,'Red is positive, Black is negative, and Make sure his nuts are wet.

firemedic1397
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Re: Question for LEO

Post by firemedic1397 » Wed Feb 25, 2009 7:53 pm

You guys are awesome. Thanks for the quick response.

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