Paying for suppressor.

[xdm40Rajuy]

I did some work for a guy a few weeks ago and he does not have cash to pay me. In talking with him i found out he does have $1500.00 on his credit card. He does not want to get a cash advance from his cc because of the high interest rate. He mention to me that he would buy my suppressor for me as a form of repayment for the work i did, as long as it would not be attached to him. Can he legally buy my suppressor for me and not be attached to it because he paid for it?

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[Team Helotes]

I do not see why not. I would not think of it as a straw buy since it will be in your name.

[SAMPSON]

legally, yes, as long as it is not a straw purchase. get with an FFL. find one that is willing to work with you, you may have to do two background checks, one for you and one for your purchasor, so the ffl is comfortable processeing the transfer, as long as the FFL is confident that you are not making a straw purchase for the other guy then you should be fine. the card holder doesnt have to be the one that holds the license on the suppressor, and of course you have to do paperwork with your local ATF office, I would just be open up front with them about him doing the buying because he owes you money, then as long as everyones C.H.R. checks out you should all be fine. be open, honest and up front with everything, after all you have nothing to hide.

[xdm40Rajuy]

What is a straw buy?

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[WASSMAN]

Straw purchase = big trouble federal felony here is the definition http://en.wikipedia.org/wiki/Straw_purchase i don't think it will be a problem as long as you fill the paperwork and you receive the can, but some dealers will probably turn you guys down just because. My suggestion is call aft and ask them and get something in print.

[jdgilbert]

Straw purchase = big trouble federal felony here is the definition http://en.wikipedia.org/wiki/Straw_purchase i don't think it will be a problem as long as you fill the paperwork and you receive the can, but some dealers will probably turn you guys down just because. My suggestion is call aft and ask them and get something in print.

The issue would be who it is registered to, as long as it is in your name it doesn't matter who pays for it. The purpose of the straw-purchase law is to prevent you from buying a gun to sell/give to someone who cannot legally possess it themselves.

The other option is for the guy who owes you to get a cash advance on the cc, but that usually carries an up-front fee or interest penalty for the cardholder.

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[SAMPSON]

The issue would be who it is registered to, as long as it is in your name it doesn't matter who pays for it. The purpose of the straw-purchase law is to prevent you from buying a gun to sell/give to someone who cannot legally possess it themselves.
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Actually the issue is the guy who is paying for it resembling a straw buyer.

Thats the thing about a straw purchase is that the legal purchasor usually get paid by the illegal possessor to buy the gun/regulated item. if you dont mention the guy that is buying this for you then it will "look" like a straw buy, and you might get investigated. in order to prevent this, just tell the ATF, ffl, and manufacturer what you are doing (IE being up front), and they will probbably check out the CC holder, and move on with the sale/permit.

[WASSMAN]

I would listen to samson. If you came to my ffl with this situation i would tell you to take a hike and my next phone call would be to the local atf. This is why i suggested to call the aft first explain what you plan to do and get it in wrighting. Then when you go to the dealer you have something to back you up. Dealers are afraid of being shut down by the atf so everything they do is by the book. They are not going to risk their biz over a strangers situation.

[SAMPSON]

quick glance at the news referring to the ATF being in heat over the fast and furious scandal. . . I would say the ATF is taking NFA items and straw purchasers VERY seriously right about now.(cant believe I didnt think about that earlier)

[jdgilbert]

I did some work for a guy a few weeks ago and he does not have cash to pay me. In talking with him i found out he does have $1500.00 on his credit card. He does not want to get a cash advance from his cc because of the high interest rate. He mention to me that he would buy my suppressor for me as a form of repayment for the work i did, as long as it would not be attached to him. Can he legally buy my suppressor for me and not be attached to it because he paid for it?

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To your original question, the simple answer is "Yes". The long answer is "Yes, just be up-front with the dealer and the ATF".

As long as you show no indications that you are trying to trick the dealer or ATF or that you are trying to hide anything you should be fine. The issue most dealers would have is if you showed up with someone else's CC to pay for the suppressor, or if you were trying to do this online without the cardholder to verify the transaction in person. Dealing online and dealing face-to-face with a customer in these matters makes a world of difference, both legally and for peace of mind. Dealing with anything requiring a tax stamp is different as well, having to give your fingerprints and having the item registered permanently to you is much different than buying a gun that can be legally sold to any buyer so long as you do not have reason to believe that they are prohibited from owning the firearm. A suppressor is yours and yours alone unless you do a transfer, which involves more paperwork, time and someone else providing their fingerprints and personal information.

The bummer right now is the wait for your paperwork, my buddy is a couple weeks away from getting his approval, I believe it's been 5 months since he first filed. Last time he talked to them they told him they had something like a 30-40% increase in NFA applications each year for the last 4 years, but they hadn't gotten any increase in staff. Ironically this is one tax thousands of people are waiting in line to pay and the government won't assign more staff to help collect the money faster? Naw, there's no agenda in D.C.

In my experience, dealers who balk at up-font, face-to-face dealings like that are worried because they know that they aren't doing everything 100% above board, and/or they just like to make things sound more expensive/complicated so that you are willing to pay more for their services. While rules for FFL holders are strict and documentation has to be by the book, for the most part the ATF people are doing their job and if you comply with regulations you are fine. I don't like a nanny state any more than anyone else, but as a general rule ATF agents aren't looking for an excuse to put gun owners in jail, they are trying to keep guns away from criminals as much as possible (don't get me started on Fast & Furious, but if you check into the ATF agents' feelings on it you'll see what I mean). There have been a couple dealers around here that either lost their FFL or are facing criminal charges, to my knowledge their treatment has been fair. Our one local gun shop got closed down, I didn't even know the owner on a first-name basis but almost every time I was in there I overheard him telling somebody how to convert their gun to full-auto or who to call to get an unregistered suppressor. He was practically begging to be thrown in jail, and sure enough one day a guy walked in (undercover ATF) and asked to buy several AR's "without paperwork", he agreed and the ATF rolled in and shut them down. The other dealers were mostly just lazy with their paperwork and "lost" some guns (same thing Red Jacket Firearms/Sons of Guns did), and they stripped their license but no charges were filed.