In the example we have been using, the financier is *NEVER* the "actual transferee/buyer" because HE never takes possession of the gun or fills out a Form 4473. Only the intended transferee does that. The gun goes from selling transferor's/owner (to seller's FFL, if one is used) to transferee's FFL *then* to the TRUE "transferee/buyer". The finder/financier is not in the chain of transfers.
Seller's FFL (if used) books the gun out *to* the buyer's FFL. Perfectly legal. Otherwise the owner/transferee ships it directly to the buyer/transferee's FFL -- also a perfectly legal transaction. Buyer's FFL books the gun *into HIS inventory* (Bound Book). *Then* he books it out *to * the ACTUAL transferee/buyer. *Not to the finder/financier.* Prefectly legal. The financier is at best a finder OOH and a banker OTOH. All records are accurate. This is not the hypothethical transaction that the Q and A was written for but it fits. On Fri, May 10, 2013 at 11:55 AM, Ed. Lott <[email protected]> wrote: > *Question ( 11 a.) on ATF Form 4473 (Firearms Transaction Record Part I > - Over-the-Counter) says: > > *Are you the actual transferee/buyer of the firearm(s) listed on this > form? (YES or NO) Warning: You are not the actual buyer if you are > acquiring the firearm(s) on behalf of another person. If you are not the > actual buyer, the dealer cannot transfer the firearm(s) to you. (See > instructions for question 11. a.) ........ > > *The instructions for question 11. a. say: > > *Actual Transferee/Buyer: For purposes of this form, you are the actual > transferee/buyer if you are purchasing thwe firearm for yourself or > otherwise acquiring the firearm for yourself. (e.g., redeeming the firearm > from pawn/retrieving it from consignment, firearm raffle winner). You are > also the actual transferee/buyer if you are legitimately purchasing the > firearm as a gift for a third party. ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. > Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives > Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL > TRANSFEREE/BUYER of the firearm and must answer "NO" to question 11. a. The > licensee may not transfer the firearm to Mr. Jones. However if Mr. Brown > goes to buy a firearm with his own money to give to Mr. Black as a present, > Mr. Brown is the actual transferee/buyer of the firearm and should answer > "YES" to question 11. a. However you may not transfer a firearm to any > person that you know or have reason to believe is prohibited under U.S.C. > 18 (g), (n), or (x). > > ----------------- > > *From the above I draw the following conclusions: > > *1. ** **You CAN buy a firearm for yourself (providing you are not a > prohibited person) > > 2.** **You CAN buy a firearm as a GIFT for anyone (wife, husband, > friend) as long as the recipient is not a prohibited person. > > 3.** **You CAN NOT take money from another person to buy a firearm > for that person. > > 4.** **Prohibited persons are defined by U.S.C. 18 (g), (n), or (x). > > Although not directly from the above; a "Straw Purchase" of a firearm is > the purchase of a firearm by a person who meets the legal requirements to > purchase a firearm; who gives or sells that firearm to a prohibited person > as defined by U.S.C. 18 (g), (n), or (x). > > Ed. Lott > > > > _______________________________________________ > To post, send message to [email protected] > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. > -- ************************************************************************************************************** Professor Joseph Olson, J.D.(*Hon*. Duke), LL.M.(*Tax*. Florida) o 651-523-2142 Hamline University School of Law (MS-D2037) f 651-523-2236 St. Paul, MN 55113-1235 c 612-865-7956 [email protected] http://law.hamline.edu/constitutional_law/joseph_olson.html
_______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
