tofucaketl t1_iu28qwu wrote on October 28, 2022 at 12:37 AM

Reply to comment by TheBSQ in Deputy arrested for illegally selling guns used in Roxborough HS shooting by dc122186

No, part of the gun buying process is filling out form 4473 (falsifying any information on the form is a federal felony). One of the questions (11a) asks if you're buying the firearm for yourself. By answering affirmatively to that question while intending to immediately sell/give the firearm to another person you're a felon. There's no mind reading going on. You've committed a crime before taking possession of the firearm. Obviously there are safeguards for the sellers (e.g. not being mind readers), but that does not change the fact that the buyer is a criminal.

AbsentEmpire t1_iu32wq7 wrote on October 28, 2022 at 4:47 AM

OK but lying when answering that question will only ever be known and prosecuted as such after the fact. There is nothing inherently stopping you from lying on that question, and hindering the sale.

I mean hell the same shit happens for alcohol, it's illegal for a 21+ year old to buy booze with intent to sell it to minors but that shit happens all the time.

I own several guns, I'm 100% in favor of implementing a system that hinders straw sales for being as prevalent as they are.

jackxaniels t1_iu51zwj wrote on October 28, 2022 at 4:34 PM

The ATF itself admits that it prosecutes 0.1% of cases where someone submits falsified information on form 4473. Clearly basing a law on a pinky promise isn’t effective

tofucaketl t1_iu66g5b wrote on October 28, 2022 at 9:09 PM

Yeah but the ATF is garbage. A 4473 violation is one of those things that's not something they go after specifically, but tacked on as another crime when charging someone with more serious stuff. It's like a ticketmaster fee for court.