Who knew?

[straw hat]

Been meaning to post this for some time.

A couple of years ago I went to Academy Sports to buy a gun for my wife for her protection at home when I am not there. We approached the counter and she explained to the clerk what she wanted. He asked her a couple of questions about the style and she asked me what I thought. As soon as I , started to answer a visiting ATF agent (who was there auditing) popped his head up and immediately escorted me and my wife out of the store, accompanied by the store manager. I was sternly but politely informed that someone can not aide is the purchase of a gun for someone else. We were booted out.

We returned the next day and she went to the counter again to get the weapon she wanted. They of course recognized her and went looking for me . I was in the fishing department of course. lol. They immediately escorted us both out of the store and said we were banned from returning. We did try to go back about a year later to by some sporting cloths and was recognized by the store manager who, of course, he escorted us out of the store.  And for those who know me I am not argumentative or belligerent in any way. Nor did I even exchange words with these people except to say "yes sir" and "I will leave immediately.".

To complete the story, we went to Bass Pro and when we walked up to the gun counter the clerk asked who the gun was for and my wife answered "Me.". He then explained to me that under the new homeland security rules that I would not be allowed in the immediate vicinity while she bought the gum. I went to the fishing area, of course, and waited for her return.

It still makes me feel like dirt every time I think about this. I did call the ATF afterward and had a nice conversation with an agent who calmly and politely explained that that was the rules and they were for the benefit of all Americans.

Anyway, just wanted to vent.

 

 

 

 

[Flysmallie]

31 minutes ago, straw hat said:

who calmly and politely explained that that was the rules and they were for the benefit of all Americans.

 

We are from the government and we are here to help. FAIL.

[MOPanfisher]

You have got to be kidding?   So if I go to buy a gun my wife cannot be there with me?  If no one can aid or assist, then how do the clerks get by answering questions.  I can't guess the number of folks I see together at a gun counter (Husband/wife, father/son, hunting buddy/hunting buddy), one giving advice to the other on what they might want or need.  I guess maybe you can advise all you want when looking, but not when buying? 

[moguy1973]

I believe it's called a Straw Purchase.  It's to prohibit a person who is legal to purchase a firearm for a person that is not legally able or prohibited to.

http://smartgunlaws.org/straw-purchases-policy-summary/

 

[MOPanfisher]

I know and understand what a straw purchase is but cannot see how being at the same counter with your wife, who is purchasing a firearm for herself would be anywhere close to a straw purchase.  The only way it could even be construed as close would be if Stawhat were a prohibited purchaser.   Strawhat, do you have any idea what the rule number or anything was, I have got to see this one in print.

 

A “straw purchase” occurs when the actual buyer of a firearm uses another person, a “straw purchaser,” to execute the paperwork necessary to purchase a firearm from a federally licensed firearms dealer (FFL).¹ A straw purchaser is a person with a clean background who purchases firearms specifically on behalf of a person prohibited from purchasing a firearm because he or she is a convicted felon, domestic violence misdemeanants, juvenile, mentally ill individual or other federally or state-defined prohibited person.² The straw purchaser violates federal law by making a false statement to the FFL about a material fact by lying on ATF Form 4473 (the firearm transaction record) or presenting false identification in connection with the purchase.³

[MOPanfisher]

This one is really hitting home for me, I am planning on a handgun purchase from Academy in the near future, wonder if I will need to go in by myself, what if I were to inadvertently ask my wife what she thinks, what if my 3 yr old grandson is with me in the cart, and says something like "Dat one Papaw"?  I am absolutely flabbergasted by this.

[moguy1973]

I would think that if both persons check out with good backgrounds it shouldn't be an issue.

[LoweSTX175]

I would simply go window shopping if I were to be "helping" someone pick out a firearm.  This is still odd to me because I always get input from the guys behind the counter.  Also the person who actually purchases the weapon is the lawful owner.  I've never purchase a firearm from Academy and probably won't now if that is how you are being treated. 

[Walcrabass]

Lowe,

 

  You made a good comment about the guy behind the counter. Guess he cannot answer questions or help either??? What a wonderful world ..........................  I guess this is to keep the guy behind the counter from selling a 454 Casull pistol to a little old lady that only weighs 80 pounds. I love the way they are always looking out for our best interest...................... NOT !!!!!!!!!!!!!!!

Wally

[Walleyedmike]

Sounds like an overly cautious interpretation of the "Straw Purchase" law. I'm guessing Springfield Missouri was one of the target cities for the training of FFL's. I can see where your situation fit the "profile" of a Straw Purchase, however common sense failed to prevail. When I get some time, I'll do a little research on this one, you have peaked my interest straw hat. I will say that the intent of the law isn't bad. A couple of years ago, a straw purchased handgun form Georgia, I believe, ended up in the hands of a gang member in Omaha, NE and was used to kill a police officer executing an arrest warrant. However, in my mind two people at the gun counter that can each legally purchase shouldn't constitute the belief that a straw purchase may be occurring.

WM