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Straw Purchase – Gift Transaction

posted on January 18, 2019

Q: A while back we had a customer from Colorado who looked at a long gun. He was told that he couldn?t purchase it here over the counter as it appeared that Colorado law did not allow it. Then his daughter said she wanted to buy it as a gift for him. Our store policy has always been, and we felt our staff was well aware that we would not sell to the daughter in a situation like this as it appears as a fairly obvious straw transaction. Unfortunately, our employee thought that because it was a gift (and maybe it was) that it was okay to sell and sold it to her. We are not aware of any legal issues the father has except where he is from. The father and daughter were on motorcycles that day so even though she completed a 4473 form, she left it here. They wrote up a repair ticket in the father?s name with his Colorado address, and it went out the door the next day. We logged the gun out under the 4473 to close that entry and have a new entry in our repair book under the father?s name showing the gun coming back in and out under his name. Finally, here?s the question. If we are interpreting correctly that we cannot sell over the counter to a Colorado resident, how do we fix this? If we can get the gun back, we can certainly log it back in to show we made an effort to make it right. What if we cannot recover it? Do we need to report to ATF? Any input you have is appreciated.

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