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Legal question about my LEO discount

Discussion in 'Cop Talk' started by deerhuntr88, Jan 22, 2011.

  1. deerhuntr88

    deerhuntr88 OD Green G19

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    Nov 30, 2010
    Roanoke, Va
    I don't know where to find the law on this, so I figured maybe someone on here could help me.

    Is it legal to buy a weapon using my law enforcement discount and "sell" or "give" it to my dad.

    I don't want to break any laws, but I want to help my dad save some money on some guns he wants to buy. If it's against the law, I'm not doing it, but I just don't know the rules.

    Any help?
     
  2. NC Bullseye

    NC Bullseye

    955
    58
    Aug 14, 2006
    Foothills

  3. Plus, I would think about the definition of a straw purchase.
     
  4. MeefZah

    MeefZah Cover is Code 3

    3,974
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    Jan 2, 2008
    Lost Coast, Cali
    Sure, it's legal. The discount is a corporate thing and has no legal / criminal merit.

    No way is it a straw purchase if it is a gift to your dad, assuming he is legally able to own a gun.
     
  5. actionshooter10

    actionshooter10 CLM

    1,698
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    Dec 29, 2006
    Texas
    This is good legal advice.

    The question you have to ask yourself is if you feel ok doing it.
     
  6. OLY-M4gery

    OLY-M4gery

    2,381
    194
    Nov 7, 2001
    Southern WI
    The definition of a straw purchase is a purcahse made on the behalf of someone that is disqualified from possesing a firearm.

    It is not a straw purchase to buy a gun as a gift, and give it to a person that could legally purchase a gun themselves.

    ETA----------------

    If by LEO discount, you by a weapon that federal excise tax (FET) hasn't been applied to, then yes selling/giving that weapon bought as a duty to a non-leo would be a violation of tax laws.
     
    Last edited: Jan 22, 2011
  7. dmacker

    dmacker

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    May 22, 2004
    Northeast Ohio
    This is straight from the ATF questions and answers regarding the law on "straw purchases".

    "Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above exam- ple, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473. The use of gift certificates would also not fall within the category of straw pur- chases. The person redeeming the gift certificate would be the actual purchaser of the firearm and would be properly reflected as such in the dealer's records".
     
  8. Hack

    Hack Crazy CO Gold Member

    Getting it as an officer purchase and directly thereafter gifting it to anyone, including relatives, near relatives, could look like a bad thing if someone was able to follow a trail so to speak. If not bought as an officer purchase, but say you found a good used gun on the market that was similar, (even though it was used by an officer before being sold on the used market), provided that it was not a gun that was bought new on officer purchase and immediately sold as used by the individual officer, would probably be OK. It would be best to check with state law concerning that, and with BATFE directly, and be sure to record any conversation with any of them for documentation.
     
    Last edited: Jan 22, 2011
  9. Malstorme

    Malstorme Bad Influence

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    Oct 2, 2004
    Oklahoma
    in order to qualify for the discount, you have to provide a letter signed by your Chief that certifies the weapon is being purchased for on duty use and is not being purchased for sale or transfer. I'd think that lying on an official document would qualify as perjury, so my vote is for illegal.

    Here's the relevant excerpt from my local cop sho as well as another random one I pulled off the web:

    SOURCE

    SOURCE

    I seem to remember reading about keeping the weapon for at least a year, but I'll have to look for a source on that later...
     
  10. Hack

    Hack Crazy CO Gold Member

    I had heard something like this myself. Now, the shop that I go to allows us to come in and just show our credentials, and they then make a copy of said credentials and from there we purchase at the officer price.
     
  11. That is how it has always worked for me.

    And thanks to the others for the info on a straw purchase. I myself will probably still refrain.
     
  12. deerhuntr88

    deerhuntr88 OD Green G19

    86
    0
    Nov 30, 2010
    Roanoke, Va
    The plan here is this:

    My dad wants... let's say a .22 rifle. I can get it cheaper with my discount. He would pay me for it, and I would buy it with my discount then "give" or "sell" it to him. From what I gather there is no legal problem with this?
     
  13. deerhuntr88

    deerhuntr88 OD Green G19

    86
    0
    Nov 30, 2010
    Roanoke, Va
  14. MeefZah

    MeefZah Cover is Code 3

    3,974
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    Jan 2, 2008
    Lost Coast, Cali
    I dispute this.

    This used to be the case, but anymore, and especially with Glock's LE / EMS / military / anyone with a pulse discount; I have bought several Glocks and only had to show creds. The purpose of the letter is to avoid having to do the background check (hence the caveat about no domestic violence convictions being included in the new wording of the letter - not reflected in your post). The letter has nothing to do with the price of the gun. Now granted, this is in Ohio, so it may be different in various states.

    Since Ohio has instant backgrounds, there is no reason to get the letter - which incidentally, can be signed by any supervisor, not just the chief.
     
    Last edited: Jan 22, 2011
  15. MeefZah

    MeefZah Cover is Code 3

    3,974
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    Jan 2, 2008
    Lost Coast, Cali
    No. It's fine.

    Look, it is not a straw purchase as long as Daddy-O can own the gun legally, we have established that.

    So now the only issue is the "morality" of getting a discount and then passing that on to your old man. Substitute "gun" for "coffee", if you get a free cup and give it to your dad, is that unethical? How about if you know someone at the car dealership and they give you an extra $1000 trade in on a car that you are actually buying for your dad? Unethical? Some here think so, I personally don't think so.
     
  16. NC Bullseye

    NC Bullseye

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    Aug 14, 2006
    Foothills
    Glock offers two different options, first if the gun is for duty there are no taxes collected and you can not resell it without some stipulations and you must have an authorization letter. If it's bought under the program as an individual officer then taxes are collected and resale is not an issue.

    All of this is detailed on the second sheet of the Glock Individual Officer Price Sheet. If you call Glock they will send it to you via email or regular postal mail.
     
    Last edited: Jan 22, 2011
  17. MarcDW

    MarcDW MDW Guns Millennium Member

    3,713
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    Oct 20, 1999
    Maine USA
    From the law you are OK as long your father is not prohibited form purchasing a firearm.
    The only thing I can think of is, that some company ask you to take an oath in writing that the firearm is for duty use only and that you don't sell it under a year.
    Now I don't know how enforceable this is and IMHO it has no legal meaning.
     
  18. BamaTrooper

    BamaTrooper Almost Done

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    Sep 12, 2006
    Rocking Chair
    If he is buying it as a gift that is not a straw purchase (unless his dad is prohibited from possessing).
     
  19. dvrdwn72

    dvrdwn72

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    Nov 26, 2010
    I dont know for sure if it is a law, but I believe a leo is a leo,, if you want to purchase a gun, for a family member, just the fact you are a leo, you should be entitled to, a benifit of you job. Now its one thing if your useing you status to buy for friend's and just anybody else, especially for profit, but buying for family members who can legally own a gun is another.