Need Help from Southern California Native (Chino Hills area)

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meanc
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Need Help from Southern California Native (Chino Hills area)

Post by meanc »

Just saw this posted in the Classified section

http://www.turners.com/shop/gundetail.php?id=5734
Turner's Outdoorsman
Chino Hills, CA
(909) 590-7225
Winchester Lever Action Rifle
Caliber 45 COLT
Barrel Length 16.5 INCH
Condition 90%
Price $200.00

Just called to see if they'd ship....they won't. :x

But I did confirm the price and they definitely said $200.00

Anyone want to go down there and buy it, then ship to my FFL ?????????

I'll pay for all fees and shipping plus put a few extra bucks in the pot.
...and I don't think he even knows it...Walks around with a half-assed grin...If he feels fear, he don't show it. Just rides into hell and back again.
Cast Bullet Hunter
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Re: Need Help from Southern California Native (Chino Hills area)

Post by Cast Bullet Hunter »

Did you ask them to ship it to you? Are you an FFL holder? If you are not then a dealer cannot ship to you, but to only a FFL holder in your state. Call him back and tell him you want the gun, pay for it by credit card and tell him you will have your local FFL send his license and shipping information. When your FFL receives the gun you then pay him the shipping charges and a transfer fee.

Asking someone to buy the gun for you and ship it to you is soliciting the commission of a federal felony. Remember the very first question on the 4473 that asks "Are you the real purchaser?"
Last edited by Cast Bullet Hunter on Fri Dec 05, 2008 9:18 pm, edited 1 time in total.
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bsaride
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Re: Need Help from Southern California Native (Chino Hills area)

Post by bsaride »

Keep us posted on what happens, someone here might want it, lol.
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meanc
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Re: Need Help from Southern California Native (Chino Hills area)

Post by meanc »

Asking someone to buy the gun for you and ship it to you is soliciting the commission of a federal felony.
Thank you very much for your concern Cast Bullet, I am very aware of the laws. Please read my entire post.

It is 100% legal to purchase a firearm with your own money for your own purposes, then sell the fiream to someone else, especially if the transfer takes place through an FFL

Remember the very first question on the 4473 that asks "Are you the real purchaser?"
If the person pays using their own funds,say a credit card, then yes they are the "real" purchaser. They will also be the "real" seller.
...and I don't think he even knows it...Walks around with a half-assed grin...If he feels fear, he don't show it. Just rides into hell and back again.
Cast Bullet Hunter
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Re: Need Help from Southern California Native (Chino Hills area)

Post by Cast Bullet Hunter »

meanc wrote:
Asking someone to buy the gun for you and ship it to you is soliciting the commission of a federal felony.
Thank you very much for your concern Cast Bullet, I am very aware of the laws. Please read my entire post.

It is 100% legal to purchase a firearm with your own money for your own purposes, then sell the fiream to someone else, especially if the transfer takes place through an FFL
You are mis-informed. If a non FFL holder purchase a firearm at the request of another person and with the intent of immediately transferring that firearm to that person has performed a "Straw purchase". The situation you describe is not one individual purchasing the gun and then deciding he doesn't want it and subsequently selling to someone else, but rather you are soliciting a fradulent purchase prohibited bt federal law. If you don't choose to believe me then contact your local ATFE office and describe the situation as you proposed here and I can guarantee they will tell you this would be an absolutely illegal transaction.

I didn't spend 21 years as a law enforcement officer and have no knowledge of the law!
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meanc
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Re: Need Help from Southern California Native (Chino Hills area)

Post by meanc »

Sir, I appreciate your concern, and respect your opinion, but the individual would not be transferring it to me.

He would be transferring ownership to an FFL holder.

The FFL holder would then transfer ownership over to me after both a NCIS check and a form 4473.
...and I don't think he even knows it...Walks around with a half-assed grin...If he feels fear, he don't show it. Just rides into hell and back again.
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Old Ironsights
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Re: Need Help from Southern California Native (Chino Hills area)

Post by Old Ironsights »

C2N14... because life is not energetic enough.
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Re: Need Help from Southern California Native (Chino Hills area)

Post by JustaJeepGuy »

Also, doesn't a "Straw Purchase" only refer to buying a firearm for someone who is not eligible to purchase it himself, i.e. a convicted felon?
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Rimfire McNutjob
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Re: Need Help from Southern California Native (Chino Hills area)

Post by Rimfire McNutjob »

Cast Bullet Hunter wrote:If a non FFL holder purchase a firearm at the request of another person and with the intent of immediately transferring that firearm to that person has performed a "Straw purchase".
How is it a "straw purchase" when he's asking it to be transferred to his local FFL who would then transfer it to him?
meanc wrote:Anyone want to go down there and buy it, then ship to my FFL ?????????
Maybe I'm confused, but I would have called this perfectly legal.
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meanc
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Re: Need Help from Southern California Native (Chino Hills area)

Post by meanc »

O.I,

Title 18 makes no reference to unlicensed individuals transferring ownership to an FFL as being "unlawful"

It is perfectly legal for the unlicensed individual to purchase and sell a firearm (not firearms, pl.) as long as the sell of a firearm does not constitute a normal business practice (ie. multiple sales and steady income) and as long as the firearm is
transferred through Federally licensed dealers.

The "unlawful" act occurs if

1.the individual was unlicensed, making a business out of the sale/transfer of firearms

2. he was knowingly transferring a firearm(s) to another unlicensed individuals who may not be
legally entitled to ownership


What I have proposed is very simple and very legal on all counts.
...and I don't think he even knows it...Walks around with a half-assed grin...If he feels fear, he don't show it. Just rides into hell and back again.
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Old Ironsights
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Re: Need Help from Southern California Native (Chino Hills area)

Post by Old Ironsights »

Didn't say it did. Just provided it because it is the correct "authority" - subject to BATFE "Interpretation" of course.

I still hate it.

Bloody GCA and the continual rape of the Commerce Clause...
C2N14... because life is not energetic enough.
מנא, מנא, תקל, ופרסין Daniel 5:25-28... Got 7.62?
Not Depressed enough yet? Go read National Geographic, July 1976
Gott und Gewehr mit uns!
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meanc
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Re: Need Help from Southern California Native (Chino Hills area)

Post by meanc »

Didn't say it did. Just provided it because it is the correct "authority" - subject to BATFE "Interpretation" of course.
Sorry sir, that's what I get for a_ssuming. :D
...and I don't think he even knows it...Walks around with a half-assed grin...If he feels fear, he don't show it. Just rides into hell and back again.
jkbrea
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Re: Need Help from Southern California Native (Chino Hills area)

Post by jkbrea »

meanc
I live about 45 minutes away from that store. I called today when they opened and it was already sold. The salesman said he posted it at 4 pm and it was sold quickly. Sorry.
What even worse, he said it was in very good condition, almost new. I asked why it was so cheap and he said because it was a 45 colt. :?: Wish I could have helped you out.

(and no, I didn't buy it) :twisted:
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meanc
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Re: Need Help from Southern California Native (Chino Hills area)

Post by meanc »

Thanks JK,

I figured it be gone as soon as word got out.

I've got two like new 24" 45Colts (Win94 Legacy and Marlin CB Ltd) and had thought of chopping down one of them, but they are just too darn nice & accurate, I'd hate to screw either of them up.

Oh well, maybe something else will come along.
...and I don't think he even knows it...Walks around with a half-assed grin...If he feels fear, he don't show it. Just rides into hell and back again.
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Modoc ED
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Re: Need Help from Southern California Native (Chino Hills area)

Post by Modoc ED »

Cast Bullet Hunter wrote:
meanc wrote:
Asking someone to buy the gun for you and ship it to you is soliciting the commission of a federal felony.
Thank you very much for your concern Cast Bullet, I am very aware of the laws. Please read my entire post.

It is 100% legal to purchase a firearm with your own money for your own purposes, then sell the fiream to someone else, especially if the transfer takes place through an FFL
You are mis-informed. If a non FFL holder purchase a firearm at the request of another person and with the intent of immediately transferring that firearm to that person has performed a "Straw purchase". It is not a straw purchase. It is going from an individual to a FFL Dealer, entered in the FFL Dealer's books and then sold to another individual -- perfectly legal!!!!The situation you describe is not one individual purchasing the gun and then deciding he doesn't want it and subsequently selling to someone else, but rather you are soliciting a fradulent purchase prohibited bt federal law. If you don't choose to believe me then contact your local ATFE office and describe the situation as you proposed here and I can guarantee they will tell you this would be an absolutely illegal transaction.

I didn't spend 21 years as a law enforcement officer and have no knowledge of the law! I wonder how many poor saps/guys/gals you wrongfully arrested during your law enforcement career because of your total lack of knowledge of the laws. I sure hope you're retired and are not active in Law Enforcement anymore.
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