Texas-Book-Gun Law Armed And Educated - Flipbook - Page 99
A. Understanding who is disqualified
1. Can I buy a firearm for another person?
No. This would be a “straw man” purchase. In order to legally
purchase a firearm from a dealer, you must be the “actual purchaser
or transferee.” If you are not the actual purchaser or transferee, it
is illegal for you to complete the transfer or sale under federal law.
Purchases for third persons are often called “straw man” purchases
and are illegal. If you are not the actual purchaser, beware!
In fact, the ATF has a campaign called “Don’t Lie for the Other
Guy” that is targeted at (as they term it on their website) detection
and deterrence of “straw man” purchases. The ATF website lists
numerous examples of prosecutions for “straw man” purchases
and a United States Supreme Court case examined and upheld
federal law on this matter. See Abramski v. United States, 134 S.Ct.
2259 (2014).
So who is the “actual” buyer or transferee so as not to be a “straw
man”? The ATF states that you are the actual “transferee/buyer if
you are purchasing the firearm for yourself or otherwise acquiring
the firearm for yourself (e.g., redeeming the firearm from pawn/
retrieving it from consignment, or a firearm raffle winner).” The
ATF goes on to state “you are also the actual transferee/buyer if you
are legitimately purchasing the firearm as a gift for a third party.”
EXAMPLE:
Jim asks his sister Crystal to purchase a firearm for him because
he will be out of town during the gun sale. Jim gives Crystal the
money for the firearm. Crystal then buys the firearm with Jim’s
money and gives him the firearm.
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