I would never question you and what you know Sheriff. It was good to here your explanation of the straw purchase though. I have wanted to buy, as a gift, a handgun to give to my daughter and my wife. Neither are felons or would use the firearm in a crime. Thanks for this valuable info. I live in Missouri as you know so I should be ok. Thanks again and take care brother!!! Bud Cary
I purchased a couple heritage rough rider revolvers at Academy. One for me, one for a buddies wedding gift. The original guy wouldnt sell them because he said I was commiting a straw purchase. We had to get the manager, use google and read the 4473 to convince them to let me leave with the guns.
@longgone9869 Yes a gift. I had a Taurus Model 85 stainless in my name but was a gift to my mother to be her gun. When she passed away the revolver went to my sister but she paid me in a legal bill of sale for it because it was in my name. I would have just gifted it to her also but she wanted the transfer to her name via legal bill of sale. So by the bill of sale the gun has been transferred to her name. I always use a legal bill of sale when I transfer one of my guns to someone else so there is record and that they meet state requirements. My guns are also on a transfer record upon my death to family beneficiaries that meet state requirements and these would be as gifts.
Crikey, I had never heard the term 'straw purchase." Thankyou for clarifying the situation. At least you were able to purchase a suitable firearm for your family member. Here in Oz completely impossible.
Very good clarification. I would bet if you go to ten different guns stores in the same state you would get varying answers on what constitutes a straw purchase. It's nice to know this sheriff actually knows the law, good honest men are in short supply these days.
The sheriff is correct. The latest computer version of the 4473 lists the prohibited persons you may not purchase a firearm for. He also gave excellent advice about not purchasing firearms for people you are not absolutely sure don't fall into one of the prohibited classes.
Good point. A straw purchase only covers individuals who do not qualify to legally purchase on their own. So if they can legally purchase and own then you can buy a gun for them as a gift or as a matter of convenience. I have to admit, I've never thought of the details of this.... but this is great information to know.
This may not be a suprise to you Sheriff, but I've been around guns my whole life (57) and I think I've learned something from almost every TH-cam video you've made. Thanks
I have been gifted a new handgun from a friend, he picked it out, paid the FFL. I had it transferred from that FFL in Wisconsin to one five miles away on the Minnesota side of the river. I did the 4473 the Minnesota FFL, picked up the Taurus and drove back to work on the Wisconsin side. For those of us who live in one state, work and shoot at a range in a neighboring state, you have to watch the legality of buying and selling to non-residents.
That was very straightforward, that anyone could understand. You're right that most people think you can never buy a firearm for anyone other than yourself. BTW - I had a passing interest in the Taurus .327 prior to watching your video. I was aware of the variety of ammo you could use, which was an attractant. I own several Taurus revolvers and have always had good luck with them. After watching your video, I started shopping for one and picked up a stainless one of on Gun Broker for $270.00. NIB. So far it's been great. With .32 longs even my 60 year old 5' wife can shoot it all day with no problem or complaint. Great gun!👍👍
Great information. There is alot of misinformation regarding a straw purchase. I have had gun store clerks no be aware of the law and try to prohibt a legal purchase in Missouri.
Many times a female will purchase the firearm and give it to her criminal boy friend. Then the firearm is reported stolen and the female goes free, as she reported it stolen.
Sheriff Oller, thank you for posting this video. I recently subscribed to your channel and have watched a number of your videos. They are very informative. I lived in Boone Co for almost 18 yrs and moved away 13 yrs ago. I miss mid-MO, the people, the woods, and the freedom. Graf's and Midway used to be regular shopping destinations for me. I remember the annual event called th Walk Back in Time in Mexico. Never missed it. Glad I found your channel. Thanks again for making these informative videos.
Thank you Sheriff for clearing that up. I always assumed that you couldn’t buy any firearm for anyone other than yourself. I live in Ohio and I’ll be checking to see if those Missouri laws are applicable for Ohio. Thank you sir.
ITS WHAT WE CALL A FREE STATE no waitng periods for guns private sales without paperwork are legal you have no red flag laws and all nfa items are legal
Missouri has private sales no background check just meet in a parking lot ( a lot of people use bass pro for some reason) exchange cash for gun and both people are on their way. You can check Missouri gun classified there are a lot of private sale firearms there no ID 🪪 needed no background check just cash or sometimes trade there is also constitutional carry here so assume everyone is carrying if they are old enough. Missouri is a gun sanctuary state so if your guns are ever in danger bring them to Missouri 😂
@@KCBluesJams Reading that makes Missouri sound more "wild west" than I've ever experienced as a life long resident, but maybe we are just accustomed to it. If a buddy offers you a ride in his pickup, just shove the guns & ammo aside and take a seat!
Sherriff Matt very helpful on clearing the confusion what the actual meaning of "straw purchase" really is. It cleared it up for me, as I also misunderstood it.
If the brother-in-law isn't a "prohibited person", this is not a straw purchase. He is the actual purchaser. He is allowed to gift the firearm. Now, this may change in the future due to the new "rule" the #### ATF wants to employ regarding "who is a dealer?"
You are a treasure sir ! My hands have betrayed me with arthritis , a revolver is out of the question because of the shape of the grip frame , I can still fire some semiautos , as long as I limit my shooting to two or three mags a week, where when I was in my prime at age sixty I was shooting up to 500 rounds a day … a sad state of affairs for a pistol shooter . Getting old just ain’t no fun, but I suppose it beats the alternative. I’m glad you cleared the water on the definition of a “straw purchase” . Thank you sir !
Well said. I think what happens is that laws are written and as time goes by we loose the continuity and government, in its quest for power h control, the implementation of laws are, let us say tweeked, until a false understanding becomes "the law of the land". We need, as you have revealed here, to remain vigilant and learn for ourselves correction intent of the laws we might be accused of violating. Thank you for this video.
Oklahoma...You need to get rid of your senator Markwayne Mullin...he just voted for a bill that had 30 million in it for more Federal gun control....the guy is a Fake cowboy and a Fake conservative.
I got some arthritis too...I got a 642 performance Center...The Performance center guns are slicked up...smoother lighter action/trigger...I shoot Buffalo Bore 158gr LSWC... Standard Pressure
Not mention the undeniable fact, (that EVERY COP & RETIRED COP WILL TESTIFY TO) if you are in the profession of law enforcement (especially if you HEAD an agency) and any relative of yours gets arrested EVERYONE will know about it quickly. I arrested a former sitting sheriff's cousin and he knew about it before I booked him in. I told him it was a theft charge, and he said, "Ok, hammer his thieving a$$." His public defender (he took on a PD because no attorney wanted to represent him) asked if the sheriff knew and what evidence I had. I told him video evidence of him stealing it and sheriff said to "hammer him". The PD smiled and said, "Mercy of the court it is!"
I'm glad this came up. Recently "God, Family,Guns" addressed this topic and although they had some good points I didn't think they were completely correct in their explanation. Your opinion is more how I understand it.
Thank you sir about clearing this up in black and white. Ill take your word over lots of people cuz of 30 plus years in law enforcement. Ill be looking it up for Minnesota and to see for myself. I thought differently as most people do. All the gun laws that are getting pass is scary and i like stay on top of them. As a rule for myself i wont bye a firearm for anyone or leave anyone give me a firearm for a gift. Rather be safe then sorry.
Make sure you are reading the most recent updates for Mn as they changed a few things effective as of ?August 2023? requiring all transfers(gifting) go through an FFL, as I read the new law nothanks! Walz🤡 the deer rifle handed down son to son from my grandfather will need to be go through an ffl when handed down from my son to his son.🤬
@iffykidmn8170 yeah our governor is a real POS!! This is a blue state. They want to regulate the hell out of us in hope we give up on our 2nd amendment rights. As far handing down in family I'll keep it quite. That's none of there business. It's there way keep records who has firearms.
Alot of the confusion comes from the gun shop side. They know you can buy guns for others but its not worth the possible aberration. One leagle issue came up years ago with some of the silly gun laws. You can be a leo in my state at 19. But you can't buy handgun ammo until you're 21. I stared with a 357. I wanted to change over to a 9mm. I ordered the gun on department letter head. When it got in i went to a big box store to pickup a few hundred rd to do a brake in and get used to tge gun before quilfation . They would not sell me the 9mm ammo. Even though they had a marlin 9mm camp carbine on the shelf. I went back to the admen Lt. We went out to the range he got out a few cases of old zero range ammo and told me to go have fun. Its crazy you can be a active leo or military member and can't buy practice ammo
There are instances where firearms are prizes in a raffle….even behind enemy lines in Kommiefornia. In that instance, does the act of buying a raffle ticket sort of count as a money exchange? Thank God and Governor Abbott, the gun laws here in Texas are similar to Missouri. Thanks, Sheriff.
The actual codification of straw purchasing wasn't passed until 2 years ago. Before then, the ATF just had a regulatory rule against straw purchasing saying that if you were not the "Actual Buyer" listed on the 4473 and the firearm wasn't a "bona fide gift" you were committing a straw purchase, full stop. When the Bi-Partisan Safer Communities Act was passed in 2022, since it was a piece of gun control legislation, actually made Straw Purchasing a codified crime in the legislative text. Ironically, the legal definition of straw purchasing now (the current one that supercedes the previous ATF/DOJ rule) is less strict and allows for the purchase of a firearm on behalf of another as long as the end recipient of the firearm isn't a prohibited person
Correct. They've moved the goalposts in the past, as they always do, and will likely continue to do, but a gift (at one time was confined to a direct family member) was never a straw purchase.
@@SheriffMattOller right but it was if that family member recompensated you for it. There was a guy who went all the way to the Supreme Court because he had an LEO discount and his Uncle wanted to pay less. I will say he wasn't very careful about how he transferred it to his Uncle. Abramski v United States is the case I'm referring to. It's unclear whether the law passed in 2022 supercedes this case or not
@DerWaidmann_ no money changed hands, and never has anytime I've ever purchased a gift. It was my gift to him for his 75th....... that and the dinner we were eating when he brought it up.
ATF. Always Thoroughly F***Ed. The local sheriff's station is our last real stand at keeping Law, Order, and Civilians in a harmonious balance. I recently talked to my local city police station about dr*gs in the area. Nothing. They brushed it off. I would have went to them but it isn't their jurisdiction. Almost makes me want to be a cop myself but it would take years for me to gain trust and become established. I'm hoping we get more good people like you. If congress made it a rule that you had to be ex military or ex LEO to run for office....we would have a better country. 100%
Haha, I don't blame you. My Sheriff loves the job and he loves working. He's a big time constitutional guy and I pray we get somebody that can fill his shoes when the time comes.@@SheriffMattOller
100 % correct read the actual fine print that goes with 4473. That being said, even buying for a family member or someone you have absolute trust in if something happens with that firearm being stolen or what ever the 1st person they cone to see is the name on that 4473.
Yeah I am 75 and that 1911 government model 45 and officers model 45 are hard to rack and even some 9mm’s are also hard to rack but I do have several 9mm pistols that are easy rack slides and several revolvers all easy to load and fire as well as 22 pistols that are also easy to rack
In my state the gun would be registered under your name and if your brother in law got into trouble involving the gun I think you might be liable, since it would still be legally your gun. Missouri doesn't have gun registration so this wouldn't apply, as I understand it.
As a former Virginia Magistrate, the intent of the law regarding straw purchases in most jurisdictions, "Intent" means, you did not intentionally purchase a firearm, for someone who was not legally intitled to do own, transport, or possess a firearm, within the confines of a particular legal jurisdiction. Many states and localities have different rules. laws, and regulations, and I'll just bet that Sheriff Oller knows the law in his own jurisdiction! Another internet strafing attempt by the "Online Keyboard Commandos!" God Bless... Bill
Great to see a magistrate on here! Yeah. I think it might have been a couple of cases of "watch me put this guy in his place"........ Hate to be accusatory, but a couple of them seemed that way. The others were genuinely asking if I did something illegal, but a couple were accusing me of it. LOL.
What does question 11a on the 4473 say? If you checked yes, then you broke the law. I realize the badge puts you above the law, I'm just pointing it out.
Are you the actual transferee/buyer of the firearm listed on this form? Warning: You are not the actual transferee/buyer if you are acquiring the firearm on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer the firearm to you. Exception: If you are picking up a repaired firearm for another person, you are not required to answer 11a and may proceed to 11b. To add on, I have zero issues with private sales, that's American! I don't think the atf had any business raiding Malinowski, but they never learned from Ruby Ridge, or Waco either. If all you have is a hammer, everything looks like a nail.
Words matter - I acquired it on my own behalf, with the intent of it being a gift. On behalf of is defined as a representative of. I was not his representative.
That question is actually 21a and it has nothing to do with his badge…..but, he can answer it as YES because it is transferred to him until the time that he chose to give it as a gift to his family member…….. otherwise, everytime you give you child their first .22 rifle or .410 shotgun for Christmas you would be guilty of a felony……. That is not what was originally intended by the law, regardless of what todays liberal communists would say ……… 🇺🇸🇺🇸🇺🇸
Hey, I agree, words matter! I don't think ANY of us should even have to fill out a 4473. The 2nd Amendment PROTECTS our right, it doesn't grant it! I think I should be able to go in and buy any gun I want, and any silencer I want, and leave with it right then. I think we should be able to buy full auto weapons. It's odd to me that the 2nd Amendment was written for us to be able to defend ourselves against a tyrannical government, yet this tyrannical government gets to regulate what we are allowed to have, all while stealing our money to arm themselves to the teeth.
Brother in law is 75 I bet he lives to see you lose that right. Because you see it as a privilege,being in law inforcment for 30 years. So it will be taken away,by people who just want a little more safety.
Folks need to learn the laws of your own state and federal laws. The fact that this gentleman had to explain this shows how poorly informed many gun owners are.
Let me speak to the constitutionality of all of that. There are to be NO a gun laws. As a sheriff, you have more power in your county than the FBI. The FBI is actually not to be in any state. They only are to have jurisdiction in DC only. Now back to gun laws. They are all unconstitutional and you as a sheriff do not have to enforce a single one of them. That is YOUR DUTY. Uphold and defend the constitution. Not do as the governor or mayor says. You are over them in all unconstitutional issues. So the person complaining about the straw purchase knows not no one about the constitution. I would bet that you sir don’t know what you should.
The time spent explaining this to the uneducated would have been perfect to have been used explaining the best techniques of retaining sight to target reaquasiston under high stress scenarios.
As long as you do a lawful transfer and register of said weapon to your brother in law. There should be no problem at all. Correct? It would be no different than you bought a gun and decided to sell it to your in law. He still has to pass the back ground check on the weapon transfer, same as if he bought it from the dealer.
This is my only problem with that explanation. Form 4473, Question 21.a. a. Are you the actual transferee/buyer of all of the firearm(s) listed on this form and any continuation sheet(s) (ATF Form 5300.9A)? Warning: You are not the actual transferee/buyer if you are acquiring any of the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer any of the firearm(s) to you. Exception: If you are only picking up a repaired firearm(s) for another person, you are not required to answer 21.a. and may proceed to question 21.b. If you answer no, because you're going to give it away, the FFL can't transfer it to you. Not saying the sheriff is right or wrong, but when I tried to get the ATF to answer the question regarding purchasing a firearm for the Amish, who do not have photo IDs, the ATF would not give me a straight answer. I had enlisted the help of Sen. Ron Johnson's office and they could not get a better answer either. I was trying to find out if I could make the purchase for fellow WI Hunter Education Instructors who did not have a photo ID. I knew they had a background check completed, WI loans them working firearms to teach classes, yet the ATF would not tell me it was okay to make that purchase. I know a lot of families where firearms are purchased as a gift and have no problem with that. I don't trust the ATF and can see how they might claim a violation because a question was answered falsely.
The form 4473 has changed to clarify the meaning of transferee and it defines who you can't transfer firearms to. The ATF will never encourage you to buy a firearm. Check it out!
@@Mrelindio42, the explanation of 21 looks to be okay for a "bona fide gift'. But, still knocks the Amish from obtaining a firearm from any FFL dealer or anyone to purchase that firearm for a member of the Amish community whose 1st Amendment rights prohibit photographs. And, the sheriff's explanation that his brother-in-law told him to be on the lookout for something is either a very good request for a gift, or if it can be proven the brother-in-law gave anything of value for that revolver. If it is a real gift, I'd like to trade names with that family. ;)
You apparently live in an anti gun state. As far as the Federal law is concerned, a gift to a non restricted person is OK. State laws might be different. I have seven grandchildren, four of them are females, and all are attending college and don't have spare cash. They have REAL gifts! I'll bet that most of the Amish that want guns have them, drivers license or not.@@jamesw713
@@jamesw713 it was a gift. We were out to dinner for his 75th Bday when he brought it up. I ordered it the next day. It was delivered to him a few days later. So that revolver and the food we ate were my gifts to him. Let's face it - 75 year olds are hard to buy for without a hint or 2........ And that revolver is a small price to pay for him putting up with my sister for all these years. 🤣
I would never question you and what you know Sheriff. It was good to here your explanation of the straw purchase though. I have wanted to buy, as a gift, a handgun to give to my daughter and my wife. Neither are felons or would use the firearm in a crime. Thanks for this valuable info. I live in Missouri as you know so I should be ok. Thanks again and take care brother!!! Bud Cary
I purchased a couple heritage rough rider revolvers at Academy. One for me, one for a buddies wedding gift. The original guy wouldnt sell them because he said I was commiting a straw purchase. We had to get the manager, use google and read the 4473 to convince them to let me leave with the guns.
Also read the back of the 4473 form small print. I believe it says something about it can be given as a gift as long as there’s no exchange of money
@longgone9869 Yes a gift. I had a Taurus Model 85 stainless in my name but was a gift to my mother to be her gun. When she passed away the revolver went to my sister but she paid me in a legal bill of sale for it because it was in my name. I would have just gifted it to her also but she wanted the transfer to her name via legal bill of sale. So by the bill of sale the gun has been transferred to her name. I always use a legal bill of sale when I transfer one of my guns to someone else so there is record and that they meet state requirements. My guns are also on a transfer record upon my death to family beneficiaries that meet state requirements and these would be as gifts.
Crikey, I had never heard the term 'straw purchase." Thankyou for clarifying the situation. At least you were able to purchase a suitable firearm for your family member. Here in Oz completely impossible.
Very good clarification. I would bet if you go to ten different guns stores in the same state you would get varying answers on what constitutes a straw purchase. It's nice to know this sheriff actually knows the law, good honest men are in short supply these days.
The sheriff is correct. The latest computer version of the 4473 lists the prohibited persons you may not purchase a firearm for. He also gave excellent advice about not purchasing firearms for people you are not absolutely sure don't fall into one of the prohibited classes.
In my state of Kentucky you can legally purchase a firearm for a friend or family member as a gift, as long as they can legally own a firearm.
Thanks Sheriff for giving this clarification! People love to twist the laws of this country to work for their own agenda
Good point. A straw purchase only covers individuals who do not qualify to legally purchase on their own. So if they can legally purchase and own then you can buy a gun for them as a gift or as a matter of convenience. I have to admit, I've never thought of the details of this.... but this is great information to know.
This may not be a suprise to you Sheriff, but I've been around guns my whole life (57) and I think I've learned something from almost every TH-cam video you've made. Thanks
I have been gifted a new handgun from a friend, he picked it out, paid the FFL. I had it transferred from that FFL in Wisconsin to one five miles away on the Minnesota side of the river. I did the 4473 the Minnesota FFL, picked up the Taurus and drove back to work on the Wisconsin side. For those of us who live in one state, work and shoot at a range in a neighboring state, you have to watch the legality of buying and selling to non-residents.
I went to the range yesterday and had some fun in Ozark.
That was very straightforward, that anyone could understand. You're right that most people think you can never buy a firearm for anyone other than yourself. BTW - I had a passing interest in the Taurus
.327 prior to watching your video. I was aware of the variety of ammo you could use, which was an attractant. I own several Taurus revolvers and have always had good luck with them. After watching your video, I started shopping for one and picked up a stainless one of on Gun Broker for $270.00. NIB. So far it's been great. With .32 longs even my 60 year old 5' wife can shoot it all day with no problem or complaint. Great gun!👍👍
That's great! I really think all of the 32 Cal stuff is under appreciated.
@@SheriffMattOller would that also include 32 ACP?
Great information. There is alot of misinformation regarding a straw purchase. I have had gun store clerks no be aware of the law and try to prohibt a legal purchase in Missouri.
Many times a female will purchase the firearm and give it to her criminal boy friend. Then the firearm is reported stolen and the female goes free, as she reported it stolen.
The only problem with 327 ........ammo availability.
Sheriff Oller, thank you for posting this video. I recently subscribed to your channel and have watched a number of your videos. They are very informative. I lived in Boone Co for almost 18 yrs and moved away 13 yrs ago. I miss mid-MO, the people, the woods, and the freedom. Graf's and Midway used to be regular shopping destinations for me. I remember the annual event called th Walk Back in Time in Mexico. Never missed it.
Glad I found your channel. Thanks again for making these informative videos.
Thank you Sheriff for clearing that up. I always assumed that you couldn’t buy any firearm for anyone other than yourself. I live in Ohio and I’ll be checking to see if those Missouri laws are applicable for Ohio. Thank you sir.
PRETTY SURE BUT NOT POSTIVE BUT THINK OHIO GUN LAWS ARE VERY SIMILAR TO MISSOURI
ITS WHAT WE CALL A FREE STATE no waitng periods for guns private sales without paperwork are legal you have no red flag laws and all nfa items are legal
Missouri has private sales no background check just meet in a parking lot ( a lot of people use bass pro for some reason) exchange cash for gun and both people are on their way. You can check Missouri gun classified there are a lot of private sale firearms there no ID 🪪 needed no background check just cash or sometimes trade there is also constitutional carry here so assume everyone is carrying if they are old enough. Missouri is a gun sanctuary state so if your guns are ever in danger bring them to Missouri 😂
@@KCBluesJams Reading that makes Missouri sound more "wild west" than I've ever experienced as a life long resident, but maybe we are just accustomed to it. If a buddy offers you a ride in his pickup, just shove the guns & ammo aside and take a seat!
Sherriff Matt very helpful on clearing the confusion what the actual meaning of "straw purchase" really is. It cleared it up for me, as I also misunderstood it.
If the brother-in-law isn't a "prohibited person", this is not a straw purchase. He is the actual purchaser. He is allowed to gift the firearm. Now, this may change in the future due to the new "rule" the #### ATF wants to employ regarding "who is a dealer?"
You are a treasure sir !
My hands have betrayed me with arthritis , a revolver is out of the question because of the shape of the grip frame , I can still fire some semiautos , as long as I limit my shooting to two or three mags a week, where when I was in my prime at age sixty I was shooting up to 500 rounds a day … a sad state of affairs for a pistol shooter . Getting old just ain’t no fun, but I suppose it beats the alternative.
I’m glad you cleared the water on the definition of a “straw purchase” . Thank you sir !
Well said. I think what happens is that laws are written and as time goes by we loose the continuity and government, in its quest for power h control, the implementation of laws are, let us say tweeked, until a false understanding becomes "the law of the land". We need, as you have revealed here, to remain vigilant and learn for ourselves correction intent of the laws we might be accused of violating. Thank you for this video.
This was very informative, thank you from Oklahoma.
Oklahoma...You need to get rid of your senator Markwayne Mullin...he just voted for a bill that had 30 million in it for more Federal gun control....the guy is a Fake cowboy and a Fake conservative.
Very good Sheriff. Thank you for informing me and the rest of those who may watch your channel. Amen
Thanks Matt....I didn't realize that
Good information. Thanks for sharing.
... most of us don't have access to NCIC so we never know about someone elses background ... even a close relative
I got some arthritis too...I got a 642 performance Center...The Performance center guns are slicked up...smoother lighter action/trigger...I shoot Buffalo Bore 158gr LSWC... Standard Pressure
Not mention the undeniable fact, (that EVERY COP & RETIRED COP WILL TESTIFY TO) if you are in the profession of law enforcement (especially if you HEAD an agency) and any relative of yours gets arrested EVERYONE will know about it quickly. I arrested a former sitting sheriff's cousin and he knew about it before I booked him in. I told him it was a theft charge, and he said, "Ok, hammer his thieving a$$."
His public defender (he took on a PD because no attorney wanted to represent him) asked if the sheriff knew and what evidence I had. I told him video evidence of him stealing it and sheriff said to "hammer him". The PD smiled and said, "Mercy of the court it is!"
I'm glad this came up. Recently "God, Family,Guns" addressed this topic and although they had some good points I didn't think they were completely correct in their explanation. Your opinion is more how I understand it.
I used to watch his stuff more, but the level of misinformation seemed to be growing just to keep up with video output.
Thank you sir about clearing this up in black and white. Ill take your word over lots of people cuz of 30 plus years in law enforcement. Ill be looking it up for Minnesota and to see for myself. I thought differently as most people do. All the gun laws that are getting pass is scary and i like stay on top of them. As a rule for myself i wont bye a firearm for anyone or leave anyone give me a firearm for a gift. Rather be safe then sorry.
Make sure you are reading the most recent updates for Mn as they changed a few things effective as of ?August 2023? requiring all transfers(gifting) go through an FFL, as I read the new law nothanks! Walz🤡 the deer rifle handed down son to son from my grandfather will need to be go through an ffl when handed down from my son to his son.🤬
@iffykidmn8170 yeah our governor is a real POS!! This is a blue state. They want to regulate the hell out of us in hope we give up on our 2nd amendment rights. As far handing down in family I'll keep it quite. That's none of there business. It's there way keep records who has firearms.
The tyrants need to know where the guns are so they can confiscate them. Chipping away little by little!@@iffykidmn8170
Great description!!
Alot of the confusion comes from the gun shop side. They know you can buy guns for others but its not worth the possible aberration.
One leagle issue came up years ago with some of the silly gun laws.
You can be a leo in my state at 19. But you can't buy handgun ammo until you're 21. I stared with a 357.
I wanted to change over to a 9mm. I ordered the gun on department letter head. When it got in i went to a big box store to pickup a few hundred rd to do a brake in and get used to tge gun before quilfation . They would not sell me the 9mm ammo. Even though they had a marlin 9mm camp carbine on the shelf.
I went back to the admen Lt. We went out to the range he got out a few cases of old zero range ammo and told me to go have fun.
Its crazy you can be a active leo or military member and can't buy practice ammo
There are instances where firearms are prizes in a raffle….even behind enemy lines in Kommiefornia. In that instance, does the act of buying a raffle ticket sort of count as a money exchange? Thank God and Governor Abbott, the gun laws here in Texas are similar to Missouri. Thanks, Sheriff.
The winner still has to fill out his own form 4473 to pass the background check to get the firearm.
Excellent explanation.
The actual codification of straw purchasing wasn't passed until 2 years ago. Before then, the ATF just had a regulatory rule against straw purchasing saying that if you were not the "Actual Buyer" listed on the 4473 and the firearm wasn't a "bona fide gift" you were committing a straw purchase, full stop.
When the Bi-Partisan Safer Communities Act was passed in 2022, since it was a piece of gun control legislation, actually made Straw Purchasing a codified crime in the legislative text. Ironically, the legal definition of straw purchasing now (the current one that supercedes the previous ATF/DOJ rule) is less strict and allows for the purchase of a firearm on behalf of another as long as the end recipient of the firearm isn't a prohibited person
Correct. They've moved the goalposts in the past, as they always do, and will likely continue to do, but a gift (at one time was confined to a direct family member) was never a straw purchase.
@@SheriffMattOller right but it was if that family member recompensated you for it. There was a guy who went all the way to the Supreme Court because he had an LEO discount and his Uncle wanted to pay less. I will say he wasn't very careful about how he transferred it to his Uncle. Abramski v United States is the case I'm referring to. It's unclear whether the law passed in 2022 supercedes this case or not
@DerWaidmann_ no money changed hands, and never has anytime I've ever purchased a gift.
It was my gift to him for his 75th....... that and the dinner we were eating when he brought it up.
@@SheriffMattOller Ah I see
ATF. Always Thoroughly F***Ed. The local sheriff's station is our last real stand at keeping Law, Order, and Civilians in a harmonious balance. I recently talked to my local city police station about dr*gs in the area. Nothing. They brushed it off. I would have went to them but it isn't their jurisdiction. Almost makes me want to be a cop myself but it would take years for me to gain trust and become established. I'm hoping we get more good people like you. If congress made it a rule that you had to be ex military or ex LEO to run for office....we would have a better country. 100%
My sheriff is 85 years old and carries a .32 auto, with pearl handgrips!
Man, I hope to God I'm not still working when I'm 85.........
Haha, I don't blame you. My Sheriff loves the job and he loves working. He's a big time constitutional guy and I pray we get somebody that can fill his shoes when the time comes.@@SheriffMattOller
When I first saw the headline, I thought you were going to talk about the Little Rock incident.
That's a mess.
thank for the video.
100 % correct read the actual fine print that goes with 4473. That being said, even buying for a family member or someone you have absolute trust in if something happens with that firearm being stolen or what ever the 1st person they cone to see is the name on that 4473.
Thank U Sir
I’ve known this for a long time. I just pay close attention to the rules.
Yeah I am 75 and that 1911 government model 45 and officers model 45 are hard to rack and even some 9mm’s are also hard to rack but I do have several 9mm pistols that are easy rack slides and several revolvers all easy to load and fire as well as 22 pistols that are also easy to rack
In my state the gun would be registered under your name and if your brother in law got into trouble involving the gun I think you might be liable, since it would still be legally your gun.
Missouri doesn't have gun registration so this wouldn't apply, as I understand it.
As a former Virginia Magistrate, the intent of the law regarding straw purchases in most jurisdictions, "Intent" means, you did not intentionally purchase a firearm, for someone who was not legally intitled to do own, transport, or possess a firearm, within the confines of a particular legal jurisdiction. Many states and localities have different rules. laws, and regulations, and I'll just bet that Sheriff Oller knows the law in his own jurisdiction!
Another internet strafing attempt by the "Online Keyboard Commandos!"
God Bless...
Bill
Great to see a magistrate on here!
Yeah. I think it might have been a couple of cases of "watch me put this guy in his place"........
Hate to be accusatory, but a couple of them seemed that way. The others were genuinely asking if I did something illegal, but a couple were accusing me of it. LOL.
Some probably think the anti 2A laws where they reside apply to the rest of us.@@SheriffMattOller
@Mrelindio42 very likely. Fortunately, some of us live in states that don't further restrict us.
All very good and true... Until the ATF moves the goal post... Nah, they've never done that before...
Truth
I always thought the four 4473 form you have to check off that you’re buying the gun for yourself that’s federal not state.
Question is how do you answer the question on the form?
I've noticed your glasses before. Where DID you get those?
They're known as "clic" glasses. Amazon. They're pricey, but worth every penny.
I’m waiting for the “straw purchase… shall not be infringed… felons have rights too” crowd 🙄
😊😊😊😊😊
😊😊😊😊
Obviously, the new trick question on the 4473 isn't working
Boycotting them since the change. May be done .
What does question 11a on the 4473 say? If you checked yes, then you broke the law. I realize the badge puts you above the law, I'm just pointing it out.
What's 11a say? Let's talk about it.......
Are you the actual transferee/buyer of the firearm listed on this form? Warning: You are not the actual transferee/buyer if you are acquiring the firearm on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer the firearm to you. Exception: If you are picking up a repaired firearm for another person, you are not required to answer 11a and may proceed to 11b.
To add on, I have zero issues with private sales, that's American! I don't think the atf had any business raiding Malinowski, but they never learned from Ruby Ridge, or Waco either. If all you have is a hammer, everything looks like a nail.
Words matter - I acquired it on my own behalf, with the intent of it being a gift.
On behalf of is defined as a representative of. I was not his representative.
That question is actually 21a and it has nothing to do with his badge…..but, he can answer it as YES because it is transferred to him until the time that he chose to give it as a gift to his family member…….. otherwise, everytime you give you child their first .22 rifle or .410 shotgun for Christmas you would be guilty of a felony……. That is not what was originally intended by the law, regardless of what todays liberal communists would say ……… 🇺🇸🇺🇸🇺🇸
Hey, I agree, words matter! I don't think ANY of us should even have to fill out a 4473. The 2nd Amendment PROTECTS our right, it doesn't grant it! I think I should be able to go in and buy any gun I want, and any silencer I want, and leave with it right then. I think we should be able to buy full auto weapons. It's odd to me that the 2nd Amendment was written for us to be able to defend ourselves against a tyrannical government, yet this tyrannical government gets to regulate what we are allowed to have, all while stealing our money to arm themselves to the teeth.
Sadly, in Michigan I can no longer give my long guns away without a background check due to the 2022 elections.
That's dumb, but that's also just my opinion.......
Sadly my state of PA is heading that way too
Sadly Mn has gone the same way as of 8/2023 thanks to must go Gov Walz🤡. Question does Missouri need any more legal law abiding citizens?😁
@iffykidmn8170 we enjoy legal, law abiding, gun owning citizens in all of Missouri except a couple little spots on the map. The rest of us are normal.
TRUMP will fix that!
Brother in law is 75 I bet he lives to see you lose that right. Because you see it as a privilege,being in law inforcment for 30 years. So it will be taken away,by people who just want a little more safety.
Folks need to learn the laws of your own state and federal laws. The fact that this gentleman had to explain this shows how poorly informed many gun owners are.
Let me speak to the constitutionality of all of that. There are to be NO a gun laws. As a sheriff, you have more power in your county than the FBI. The FBI is actually not to be in any state. They only are to have jurisdiction in DC only.
Now back to gun laws. They are all unconstitutional and you as a sheriff do not have to enforce a single one of them. That is YOUR DUTY. Uphold and defend the constitution. Not do as the governor or mayor says. You are over them in all unconstitutional issues. So the person complaining about the straw purchase knows not no one about the constitution. I would bet that you sir don’t know what you should.
My obligation is to the people of Missouri and the laws of Missouri that are properly enacted.
Encouraging you found it necessary to make this video.
The time spent explaining this to the uneducated would have been perfect to have been used explaining the best techniques of retaining sight to target reaquasiston under high stress scenarios.
As long as you do a lawful transfer and register of said weapon to your brother in law. There should be no problem at all. Correct? It would be no different than you bought a gun and decided to sell it to your in law. He still has to pass the back ground check on the weapon transfer, same as if he bought it from the dealer.
Not in Missouri. Private transfers require no ffl involvement.
Not in the Free States.
This is my only problem with that explanation.
Form 4473, Question 21.a. a. Are you the actual transferee/buyer of all of the firearm(s) listed on this form and any continuation sheet(s) (ATF Form 5300.9A)? Warning: You are not the actual transferee/buyer if you are acquiring any of the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer any of the firearm(s) to you. Exception: If you are only picking up a repaired firearm(s) for another person, you are not required to answer 21.a. and may proceed to question 21.b.
If you answer no, because you're going to give it away, the FFL can't transfer it to you.
Not saying the sheriff is right or wrong, but when I tried to get the ATF to answer the question regarding purchasing a firearm for the Amish, who do not have photo IDs, the ATF would not give me a straight answer. I had enlisted the help of Sen. Ron Johnson's office and they could not get a better answer either. I was trying to find out if I could make the purchase for fellow WI Hunter Education Instructors who did not have a photo ID. I knew they had a background check completed, WI loans them working firearms to teach classes, yet the ATF would not tell me it was okay to make that purchase.
I know a lot of families where firearms are purchased as a gift and have no problem with that. I don't trust the ATF and can see how they might claim a violation because a question was answered falsely.
The form 4473 has changed to clarify the meaning of transferee and it defines who you can't transfer firearms to. The ATF will never encourage you to buy a firearm. Check it out!
@@Mrelindio42, the explanation of 21 looks to be okay for a "bona fide gift'. But, still knocks the Amish from obtaining a firearm from any FFL dealer or anyone to purchase that firearm for a member of the Amish community whose 1st Amendment rights prohibit photographs.
And, the sheriff's explanation that his brother-in-law told him to be on the lookout for something is either a very good request for a gift, or if it can be proven the brother-in-law gave anything of value for that revolver.
If it is a real gift, I'd like to trade names with that family. ;)
You apparently live in an anti gun state. As far as the Federal law is concerned, a gift to a non restricted person is OK. State laws might be different.
I have seven grandchildren, four of them are females, and all are attending college and don't have spare cash. They have REAL gifts!
I'll bet that most of the Amish that want guns have them, drivers license or not.@@jamesw713
@@jamesw713 it was a gift. We were out to dinner for his 75th Bday when he brought it up. I ordered it the next day. It was delivered to him a few days later. So that revolver and the food we ate were my gifts to him.
Let's face it - 75 year olds are hard to buy for without a hint or 2........
And that revolver is a small price to pay for him putting up with my sister for all these years. 🤣
Words have meaning - I didn't buy on "his behalf". I bought it on my own behalf as a gift for him.