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Gun buying situation from this weekend - Straw purchase or not?
Posted on 3/6/17 at 12:20 pm
Posted on 3/6/17 at 12:20 pm
Alright gun law experts of the OB, I had a pretty frustrating gun buying experience this weekend and I'd like to know who was in the right:
My wife's birthday was this weekend and she asked for her own shotgun and to go shoot some clays. I went to purchase the gun on Friday at Academy but my NICS background check was delayed. I realize this happens sometimes, so my plan was to come back with my wife (the gun was for her after all) and purchase the firearm the next day.
When I returned with her, I was told that they couldn't sell her that specific gun because it was on hold due to my delay and that selling it to her would constitute a straw purchase. While frustrated (and not convinced someone could ever buy a gun for themselves and it be a straw purchase), we accepted this and moved along to looking at other guns. At this point we were told that they COULD sell us another gun, just not the specific one that was associated with my delay.
She ended up picking out a different gun (same type and style as original but different model) that she liked better anyway. When we tried to buy this other gun, we were then told that since it was a similar gun, they couldn't sell that to her either because it still somehow constituted a straw purchse. Now I was pissed (and she was too). I then asked if they could sell us a different style of gun entirely (original was an o/u) and they said yes.
OK, so we started to look at automatics, pistols and even some rifles because we were there and she wanted to handle some different guns. I then pressed the employees again about what other guns she WOULD be allowed to buy and they changed their tune once more. They said sorry, we can't sell her ANY guns because of my delay as ANY gun purchase on her part with me being there would constitute a straw purchase. I was livid at this point, argued momentarily with the gun section manager but quickly realized his mind was made up. We ended up leaving.
In the end it worked out because she found another o/u at a different store that she liked better anyway and we were able to purchase it.
I know that's a massivw wall of text, but I just really want to know if her buying a gun for herself could EVER be considered a straw purchase and if Academy was correct in refusing to sell her any gun, regardless of type, make or model just because I had been delayed. Thoughts?
My wife's birthday was this weekend and she asked for her own shotgun and to go shoot some clays. I went to purchase the gun on Friday at Academy but my NICS background check was delayed. I realize this happens sometimes, so my plan was to come back with my wife (the gun was for her after all) and purchase the firearm the next day.
When I returned with her, I was told that they couldn't sell her that specific gun because it was on hold due to my delay and that selling it to her would constitute a straw purchase. While frustrated (and not convinced someone could ever buy a gun for themselves and it be a straw purchase), we accepted this and moved along to looking at other guns. At this point we were told that they COULD sell us another gun, just not the specific one that was associated with my delay.
She ended up picking out a different gun (same type and style as original but different model) that she liked better anyway. When we tried to buy this other gun, we were then told that since it was a similar gun, they couldn't sell that to her either because it still somehow constituted a straw purchse. Now I was pissed (and she was too). I then asked if they could sell us a different style of gun entirely (original was an o/u) and they said yes.
OK, so we started to look at automatics, pistols and even some rifles because we were there and she wanted to handle some different guns. I then pressed the employees again about what other guns she WOULD be allowed to buy and they changed their tune once more. They said sorry, we can't sell her ANY guns because of my delay as ANY gun purchase on her part with me being there would constitute a straw purchase. I was livid at this point, argued momentarily with the gun section manager but quickly realized his mind was made up. We ended up leaving.
In the end it worked out because she found another o/u at a different store that she liked better anyway and we were able to purchase it.
I know that's a massivw wall of text, but I just really want to know if her buying a gun for herself could EVER be considered a straw purchase and if Academy was correct in refusing to sell her any gun, regardless of type, make or model just because I had been delayed. Thoughts?
8
Posted on 3/6/17 at 12:25 pm to The Last Coco
It is a privately owned store and they can do whatever they want. They deemed you suspicious enough to not sell you any gun thinking she was going to give it to you. Don't get delayed next time or send your non felon wife next time. You heathen.
Posted on 3/6/17 at 12:27 pm to The Last Coco
you and your wife should have been arrested tbh. i'm glad this store was doing their part keeping the streets safer.
Posted on 3/6/17 at 12:29 pm to The Last Coco
Sounds like karma for trying to buy a gun for your wife without getting her input.
Posted on 3/6/17 at 12:29 pm to The Last Coco
Like KR said, its up to them.
Technically, you can buy the gun for her as a gift. Its not big deal and done all the time.
You just learned why never to do this at a big box store. Most employees there have had little to no experience when acting as an ffl.
Next time go there and fondle all you want. Then go buy from a local store or order it online and pick up at the local guy.
Technically, you can buy the gun for her as a gift. Its not big deal and done all the time.
You just learned why never to do this at a big box store. Most employees there have had little to no experience when acting as an ffl.
Next time go there and fondle all you want. Then go buy from a local store or order it online and pick up at the local guy.
Posted on 3/6/17 at 12:30 pm to KingRanch
quote:
It is a privately owned store and they can do whatever they want.
Agree 100%. And I'm a private individual who will never patronize their store again.
quote:
send your non felon wife next time. You heathen.
That's the plan
But still, straw purchase or not? I know they're within their rights to do it, just wondering if they were correct in considering it a straw purchase. Oh and
KR
Posted on 3/6/17 at 12:30 pm to KingRanch
it wasn't a straw purchase, but this is true
The store takes the liability, they dont know if you are making stuff up or not.
ETA, Academy in my area wont even sell to you after the 3 day wait on a delay. They need a full pass on the nics check for the go ahead to sell
quote:
It is a privately owned store and they can do whatever they want. They deemed you suspicious enough to not sell you any gun thinking she was going to give it to you.
The store takes the liability, they dont know if you are making stuff up or not.
ETA, Academy in my area wont even sell to you after the 3 day wait on a delay. They need a full pass on the nics check for the go ahead to sell
This post was edited on 3/6/17 at 12:33 pm
Posted on 3/6/17 at 12:31 pm to Chad504boy
quote:
you and your wife should have been arrested tbh. i'm glad this store was doing their part keeping the streets safer.
I know, right? Good thing. You know engraved o/u 20ga shotguns are the weapon of choice for the streets.
Posted on 3/6/17 at 12:31 pm to The Last Coco
quote:
but I just really want to know if her buying a gun for herself could EVER be considered a straw purchase
No, but they seemed to believe that she was buying it for you. Send a letter to Academy corporate, and they'll send you a gift card.
Posted on 3/6/17 at 12:32 pm to CoachChappy
quote:
No, but they seemed to believe that she was buying it for you.
That's the thing that gets me, she's 5'3" and I'm 6'2". We were trying to buy a YOUTH model gun for her, clearly not something I would be shooting. The whole situation left me shaking my head.
Posted on 3/6/17 at 12:33 pm to The Last Coco
Yeah, that's frustrating. It sounds like some punk at Academy was just on a power trip. He's probably bragging about it today. 
Posted on 3/6/17 at 12:38 pm to The Last Coco
story sounds like ya'll were desperate to get a weapon in hand that goes bang... pretty sketchy.
Posted on 3/6/17 at 12:39 pm to The Last Coco
This is why I buy my guns exclusively from the trunks of old Pontiacs.
Posted on 3/6/17 at 12:40 pm to Clyde Tipton
quote:
This is why I buy my guns exclusively from the trunks of old Pontiacs.
Soooo much truth to this statement. I have on good authority that the pawn shop on Youree north of Kings is pretty lax on paperwork too. Just sayin. Someone told me I think.
Posted on 3/6/17 at 12:41 pm to kengel2
quote:
You just learned why never to do this at a big box store. Most employees there have had little to no experience when acting as an ffl.
Agreed.
It's completely up to them to deny you the sale but it was pretty douchey of them to lead you on like that. If it were me I would've left when they said my wife couldn't purchase the one she wanted.
This shows how dumb the laws are when you were simply delayed and not denied by the NICS. All the technicalities involved makes it difficult to just simply buy a gun.
This was not an attempted straw purchase because you were not denied and only delayed. A straw purchase is when an individual buys a gun for another individual who does not have the clear background to purchase his/her self. But since you were in the "delayed" category they can choose to halt sales to you until it clears.
Someone who has an FFL/store will chime here soon I'm sure.
Posted on 3/6/17 at 12:42 pm to The Last Coco
quote:
And I'm a private individual who will never patronize their store again.
So you won't shop at academy anymore because a kid was doing what he was trained to do by their management staff?
They don't know why you were delayed. For all they know you are indeed a felon. I know you're not but they don't know that.
The only thing they know is that you came back to get the exact gun that you were delayed on and the when they told you no y'all started looking at other guns. Look at it from their perspective, it looks fishy if you look at it through a non biased lens.
This post was edited on 3/6/17 at 12:43 pm
Posted on 3/6/17 at 12:43 pm to The Last Coco
You went to the store got a delay and showed back up at the same store with your wife to get her to fill out a 4473. The store employees don't know you from a bum on the streets so I can understand them not wanted to sell the shotgun to her. Was it an actual straw purchase? No, because I'm assuming that you can pass a NCIS check with no problem.
I had something similar happen to me at Cabela's. I was buying a 20ga, for my girlfriend at the time, to shoot clays with. It was going to be my shotgun I just wanted to make sure it fit her so she could shoot it. So I was at the counter and when I handled the shotguns I would hand them off to her to hold as well. So I picked a Benelli Montefeltro 20ga. I get my ID out to fill out the 4473 and the guy says that the gf has to fill out the paperwork. I try to convince him that it will be MY shotgun to no avail. So the gf is going to fill out the paperwork, but she had just moved and her address was updated. So they wouldn't let her buy it and I try again to buy it myself and failed again.
I left and went back by myself and bought the shotgun with no problems later that day.
I had something similar happen to me at Cabela's. I was buying a 20ga, for my girlfriend at the time, to shoot clays with. It was going to be my shotgun I just wanted to make sure it fit her so she could shoot it. So I was at the counter and when I handled the shotguns I would hand them off to her to hold as well. So I picked a Benelli Montefeltro 20ga. I get my ID out to fill out the 4473 and the guy says that the gf has to fill out the paperwork. I try to convince him that it will be MY shotgun to no avail. So the gf is going to fill out the paperwork, but she had just moved and her address was updated. So they wouldn't let her buy it and I try again to buy it myself and failed again.
I left and went back by myself and bought the shotgun with no problems later that day.
Posted on 3/6/17 at 12:45 pm to kengel2
quote:
You just learned why never to do this at a big box store. Most employees there have had little to no experience when acting as an ffl.
Next time go there and fondle all you want. Then go buy from a local store or order it online and pick up at the local guy.
Normally, I buy local. In this particular scenario, the gun I was going to get her (yildiz) is only sold through Academy so I was limited in my selection. I suspected it was employee ignorance that was spurring this situation, and the OB comments to this point have only further confirmed that suspicion.
Posted on 3/6/17 at 12:49 pm to The Last Coco
quote:
suspicion
Funny you choose that word. That is all the a dealer needs to not sell you a firearm.
Posted on 3/6/17 at 12:50 pm to KingRanch
quote:
So you won't shop at academy anymore because a kid was doing what he was trained to do by their management staff?
The gun bar manager, not a kid, was the one who kept changing his story.
quote:
The only thing they know is that you came back to get the exact gun that you were delayed on and the when they told you no y'all started looking at other guns. Look at it from their perspective, it looks fishy if you look at it through a non biased lens.
I agree it's an unusual situation, but my main problem was that they kept changing their story and wouldn't sell my wife a firearm, regardless of the situation. If they would have told me from the jump that due to my delay, store policy dictated that they couldn't sell me or anyone with me a firearm I would've been frustrated but understood that as store policy. However, hanging thei hat on it being a straw purchase and then continually changing their tune on what and who they would or would not sell a gun to gave me the redass.
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