Straw Purchasing

[toddamah]

Can anyone verify if the state has any laws enacted in regards to this?

[Dan W]

Straw purchases fall under federal purview...why do you ask?

[Mali]

Not sure there is since there are Federal laws about this.  Even covered by the document we sign when we purchase firearms. You attest that you are not buying this on behalf of another person.

[toddamah]

I only ask because it was talk at work and was unsure where the state stood.  From my brief and limited research I know that the NRA has been pushing for softer penalties for straw pushers and there have been some states that have adopted there own laws

[RobertH]

Just a random thought.... Why have tighter laws when they are not enforced? Look at Kerrie Ozsco (sp?), that straw purchaser got probation. Should have been max penalty.

[toddamah]

Robert, this is exactly what we were talking about today.  Maybe when President Obama meets with her family tomorrow he can provide some insight on the slap on the wrist people get for this and why there wasn't anything in his executive order about it.

[JTH]

I only ask because it was talk at work and was unsure where the state stood.  From my brief and limited research I know that the NRA has been pushing for softer penalties for straw pushers and there have been some states that have adopted there own laws

The NRA has been pushing for softer penalties?  Last I knew, they were pushing for the federal government to actually prosecute the gun laws we currently have.

When were they pushing for softer penalties for straw purchasers?

What states have adopted their own laws? 

[Dan W]

When were they pushing for softer penalties for straw purchasers?

What states have adopted their own laws? 

 Ditto..this is news to me. Can you cite a source for this?

[gsd]

Maybe he saw "stiffer penalties" and remembered "softer penalties"?

[Wildgoose]

I only ask because it was talk at work and was unsure where the state stood.  From my brief and limited research I know that the NRA has been pushing for softer penalties for straw pushers and there have been some states that have adopted there own laws

Things that make you go Hummmmmmmm.

[toddamah]

Thank you for contacting the NRA-ILA regarding straw purchases. Straw purchases are used by criminals to obtain firearms by having a non-prohibited purchase on their behalf. This is an illegal act by both parties. The NRA-ILA does not support the possession or ownership of firearms by any prohibited person

[toddamah]

I apologize for providing false information, I simply was looking for some sort of reference or someone's knowledge  of the state and/or federal level that would fall under the laws and legislation of this forum. 

[JTH]

I apologize for providing false information, I simply was looking for some sort of reference or someone's knowledge  of the state and/or federal level that would fall under the laws and legislation of this forum. 

I don't understand what you mean by the part in bold.

And as people said, straw purchase laws are federal in nature, and very clear.   They are not state-based.

You originally said:

I only ask because it was talk at work and was unsure where the state stood.  From my brief and limited research I know that the NRA has been pushing for softer penalties for straw pushers and there have been some states that have adopted there own laws

You already posted that your comment about the NRA was incorrect.  I'm still curious as to what states have adopted their own laws?

[toddamah]

http://www.thetrace.org/2015/08/straw-purchases-law-atf-gun/

The bold is interesting...I didn't highlight it.  I guess if it's hard to interpret in bold, read it as if it wasn't in bold and see if that makes sense?  Is this the laws and legislation section of the members forum?

[JTH]

http://www.thetrace.org/2015/08/straw-purchases-law-atf-gun/

So...if you knew this, why did you ask "Can anyone verify if the state has any laws enacted in regards to this?"  The article itself lists Nebraska specifically...

The bold is interesting...I didn't highlight it.  I guess if it's hard to interpret in bold, read it as if it wasn't in bold and see if that makes sense?  Is this the laws and legislation section of the members forum?

I added the bold, because that was the part I didn't understand.

"That would fall under the laws and legislation of this forum" ---this forum isn't a repository of laws and legislation.  Nor does it have its own laws and legislation.  It is a place to discuss those things, yes.  Your wording was such that I didn't understand what you meant.

If you meant "is this the sort of thing we discuss here" then yes, it is.

The Nebraska State Statute dealing with straw purchases is 69-2422.  (I'll note it took me about 20 seconds of search time to find this, and since your link showed you already knew that Nebraska had such a law, I'm not understanding why you didn't simply look it up?)

http://nebraskalegislature.gov/laws/statutes.php?statute=69-2422

"69-2422.
Obtaining handgun for prohibited transfer; violation; penalty.

For purposes of sections 69-2401 to 69-2425, any person who knowingly and intentionally obtains a handgun for the purposes of transferring it to a person who is prohibited from receipt or possession of a handgun by state or federal law shall be guilty of a Class IV felony."

Note that this law ONLY prohibits people from buying a gun to transfer it to someone who could not possess it legally.  The Nebraska statute does NOT prohibit someone from buying a gun to sell to someone else who could possess it legally. 

This is different from the Federal law regarding straw purchases, I'll note, and the federal law prohibits buying a gun to transfer to anyone.  There was an argument before the Supreme Court about that, and common sense lost.

http://www.pbs.org/newshour/rundown/supreme-court-sides-gun-control-groups-straw-purchase-law/

[toddamah]

Can anyone verify if the state has any laws enacted in regards to this?

I posted here under this forum, "laws and legislation"  because I could not find the state legislation, i looked and I am thankful someone can navigate quicker through the laws than i can in a matter of seconds.  Of course I knew this article exists, that's why I posted here, i.e. original post.  I felt like this was the place to post about "straw purchases" , under laws and legislation simply for the matter of someone else's knowledge to reference where the state stands, to answer my question.  Thank you for your research and your time.  You answered my question.

[Dan W]

69-2422.
Obtaining handgun for prohibited transfer; violation; penalty.

For purposes of sections 69-2401 to 69-2425, any person who knowingly and intentionally obtains a handgun for the purposes of transferring it to a person who is prohibited from receipt or possession of a handgun by state or federal law shall be guilty of a Class IV felony.
Source

    Laws 1991, LB 355, § 21;
    Laws 1996, LB 1055, § 8.

Law was amended last in 1996 so it was not  a recent development and it only applies to handguns

[NE Bull]

toddamah.  Thanks for your question.  IF you don't know the answer , nor where to find credible information, there is no such thing as a stupid question.
And yes this section was the best place to ask your question.  I'm sorry some of the old dogs get 'snippy' when the new dogs come around.   

Your were right to come here and ask away.  Tons better than FaceBook knowitalls.
I recently got caught up in a Facebook discussion about purchasing a firearm for a spouse.  Too many people called it a straw purchase/ arms trafficking, etc. Make her get a permit and buy her own, etc etc.  Oh my the Stupid cup over floweth on that one!