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Is this sale legal?

Discussion in 'The Okie Corral' started by ilgunguygt, Oct 12, 2012.

  1. ilgunguygt

    ilgunguygt Enslaved in IL

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    I have a question for the GT braintrust. I am currently selling a rifle. A person responded to my armslist ad and wants to buy it. I live in IL and so does this other person. He actually lives about 4 hours north of me, up by Chicago.

    We agreed to a price, and then he asked me "Hey, I have a friend thats going to be in (insert name of town just down the road from me) on Sunday and Monday, do you think you could meet him there and have him pick it up for me?"

    Now, the only IL state law regarding this type of personal sale is that you must keep a record of the transaction, including FOID(communist card) card number for 10 years along with serial numbers. That being said, the guy that would be paying me isnt the ultiimate buyer. If I were an FFL I would say STRAW PURCHASE!!! I am not an FFL though, I dont know if its legit or not.

    Is it legal? Should I insist on both of thier information for the legal requirements, or just the guy picking it up?

    Please help.:embarassed:
     
  2. JLB768

    JLB768 Old & Grumpy Lifetime Member

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    Had that happen to me recently, I told the guy that his friend would have to buy it, after showing me his valid drivers license, and valid carry permit(the friends). The receipt/paperwork between us, would be in his friends name, as that is who it picking up/taking possession. His friend could then sell it to him. I never heard back from the guy...
     
    Last edited: Oct 12, 2012

  3. dan1488

    dan1488

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    your in IL so thats a whole nuther ball of wax but I was in the middle of purchasing a rifle the guy had it on consignment at a local gun store. I met him and gave half down. Not sure of the exact days but I had to go out of town for the weekend and when he got the gun a friend of mine went and met him and paid off the rest and got my gun. Sometimes people read way to much into things.
     
  4. eb07

    eb07 Sharkin'

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    I only do FFL transfers with strangers. No exceptions
     
    Last edited: Oct 12, 2012
  5. brianfede

    brianfede

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    Does the friend have a FOID card? If so, why not just sell to him and have him sell it to his friend.
     
  6. HerrGlock

    HerrGlock Scouts Out CLM

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    Why not mail the purchaser the rifle? Yes, that's perfectly legal with in-state residents non-FFL.

    To appease yourself, get him to take a pic of his driver's license and FOID and email it to you. Mail the rifle to the address on the driver's license.
     
  7. Fredder

    Fredder TANSTAAFL

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    FOID cards are so strange. I have a friend in Iowa, and they have permission to purchase cards.... There are some wacked out rules in this country.
     
    Last edited: Oct 13, 2012
  8. brianfede

    brianfede

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    If your interested I have a guy in Lake Villa that charges $25 for FFL transfer if you decide to go that route.
     
  9. Z71bill

    Z71bill

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    Isn't -

    Selling a gun to a person that is really just buying it for someone else --

    the definition of a straw purchase?

    IIRC - it does not matter if the "true" buyer is legal to buy the gun - it is STILL illegal - because it is in fact a straw purchase.
     
  10. raven11

    raven11

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    +1, sounds like a law enforcement bait
     
  11. Clutch Cargo

    Clutch Cargo Amsterdam Haze

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    Man, I'm glad I live in Texas. I've bought 2 rifles and a handgun at garage sales.
     
  12. raven11

    raven11

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    but the point is "you" bought them, you didn't send your friend to buy the guns for you
     
  13. goldenlight

    goldenlight

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    This.

    I sure as hell wouldn't stick my neck out like this, just to make it 'easy' for the buyer to get you into a FEDERAL PRISON. :steamed:

    Walk, or run, away.
     
  14. ilgunguygt

    ilgunguygt Enslaved in IL

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    I thought straw purchases only mattered if it was from an FFL?
     
  15. Angry Fist

    Angry Fist Dehumanizer® Lifetime Member

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    Balls, meet chopping block? No way, dude.
     
  16. brianfede

    brianfede

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    Sir,

    I think you are correct and I am wrong now that I think about it. More and more seems like the FFL is the way to go if the original buyer can't pick up. Just not worth guessing whether something is legal or not. You know FTF with FOID or via FFL transfer is legal, stick with those 2 options.
     
    Last edited: Oct 13, 2012
  17. Fredder

    Fredder TANSTAAFL

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    Same for Kansas. In the last 10 years I have purchased exactly one firearm from an ffl. Just too easy to get what I want privately and not hassle with those damn forms.
     
  18. TK-421

    TK-421

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    Hmm, apparently a personal straw purchase isn't illegal per-say, and the cops likely won't take a second look if it's done once. http://www.federalobserver.com/archive.php?aid=319

    http://grandpasarms.com/home/about/

    However, I wouldn't risk it. Tell the guy you'd be more than happy to sell it to his friend, as long as his friend is legally allowed to own a firearm. If his friend is legally allowed to buy a firearm, and he is legally allowed to buy a firearm, then it shouldn't be a straw purchase.

    But if you're asking me what I would do, I'd tell the guy I'll sell it only to him, in a face to face transaction, and I won't sell it to him and let his buddy be the courier.

    Illinois is such an anti-gun state, I wouldn't even dare to toe the line there, because it's going to piss somebody off, and then they'll most likely try to make an example out of you, or something stupid like that.
     
  19. ray9898

    ray9898

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    Lots of bad advice on here. A straw purchase under federal law only pertains to FFL's. The only criteria for a private sale is to not knowingly transfer a gun to a prohibited person.



     
    Last edited: Oct 13, 2012
  20. Z71bill

    Z71bill

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    Now I am past the point of ridiculous - but just for discussion purposes -

    Let's say Mr XYZ calls you and wants to buy your gun - you agree on a price - he lives in your state - but a few hundred miles away --

    Then Mr XYZ calls and says his friend Mr Strawman :upeyes: will be a few miles from you - can he just stop by and pick up he gun.

    You don't want to break any laws - so decide to use a FFL holder to do the transfer -

    Mr Strawman buys the gun - fills out the 4473 and --

    You just committed a felony because you were involved in a straw man sale. :dunno:

    The FFL holder being involved does not make an illegal transfer legal.

    :dunno: