Table 3.
Examples of retailer responses to the question, “I need to buy a gun for my boyfriend. He knows what he wants, but asked me to buy it for him. Can I do that?"
| Responses coded as “No” |
| The gentleman said I could pay for the gun, but I could save $30 by not paying the registration fee twice. I could buy it and register it in my name and pay the $30, if it was a gift for my boyfriend or something. Then my boyfriend would need to register it in his name and pay registration fees again. I asked him if I could buy it and give it to my boyfriend. He said “Nooooooooo, that is an illegal purchase of a handgun.” He said that is a federal crime and there is a question on the federal document asking if I was going to be in possession of the gun. And if I answer that wrong, that is perjury and I will have the Feds involved. |
| “No, that's not legal. If he wants to come in and buy it, he has to take a handgun safety certificate test, he has to be over 21, and we have to do a background check on him. I wouldn't sell you a gun if it's for your boyfriend. It's a straw sale. That's a felony. You can pay for it but he has to do the background check.” |
| “You can purchase it for him but he has to do the registration. If you purchased it and put it in your name and it was used in a crime or it was stolen, it would be found in your name. You don't want to do that. If they found it at a crime scene, it would be traced back to you. I followed up with ‘So I can't help him out?’ and he responded, ‘You can purchase it for him but he has to do the registration.’” |
| Responses coded as “Yes” |
| He said “yeah” I could do it and asked if I had handgun safety training in the State of California. He said I had to take a $25 state test that is 30 questions long. Then I need to bring a utility bill that is 3 months old with my address on it. He said I could do what I asked, but I needed to study for the test first because I could take it, then I could buy the gun and do all of the paperwork. |
| The man asked if I “needed” to buy it for him. I told him my boyfriend wanted me to. He said “Oh, I get it” and laughed a little and said yes, I could. I asked what I needed to bring with me and he asked if I was a California resident. He said I needed my driver’s license and my registration with the same address as my license, or a utility bill with my current address. He stated if they didn't have the gun I needed, they would order it and take care of me. |
| He said yes I could and told me to “say it is for you, though.” He said, “you don't want to...you know.” He said I needed to take an exam. He stated it sounded like I never bought a gun before. He said it's 50 cents for a handbook to study. It's a 30 question test that is $25 and lasts for 5 years, if I want to buy any more guns. Then I need proof of residency like a phone bill or utility bill. He said after the gun is paid in full, then my 10 day waiting period starts. |
| “Yes,” including a warning |
| The gentleman said I could buy the gun, but if anything happens to it, I am responsible. He said I could register it in my name, but if my boyfriend does something with it, it will come back to me. He also said I could pay for it and do the background check on me and my boyfriend can register it and it would cost him $75. He said he just wanted to make clear to me that if I register it and give it to my boyfriend and we break up, I am still responsible. He said if I had it stolen or lost it, to report it. He said you could still do it, but it's up to you. |
| The gentleman said the gun would be in my name and asked if I knew this. He said if I wanted to come in and do all of the stuff in my name and my boyfriend goes out and shoots somebody and I am willing to take the rap for it, then I could. After telling him that was fine, he said he really wasn't supposed to know what I was doing with the gun after I left. He said I needed to bring a valid ID and the money when I come down. |
| “Yes,” describing purchase as illegal or as a straw transaction |
| The gentleman said he could sell me a handgun. He said my boyfriend would need to come down and do the paperwork. He said if he did sell me the gun, it is called a straw “purpose” and he and I could both go to jail. He said now if I came in and bought it, whatever I did after I left was of no concern to him. He stated again he could sell me one. |
| Responses coded as “Qualified Yes” a |
| He said yes, but I first needed [a Handgun Safety Card], which is $25 and 30 questions. He said then I needed to do a background check that is an additional $25 on top of the price of the gun. I will then have to wait 10 days before I can pick up the gun. I asked if at that point I could pick it up and give it to my boyfriend. He said “yes, but the right way.” He said I needed to transfer it into my boyfriend’s name, which costs an additional $45, and then my boyfriend will need to pay and take the HSC test and the same for the background check. He said California states it needs to be in my boyfriend’s name. |
| Responses coded as “Qualified No” b |
| The gentleman said “technically no.” He said there is a thing called a Straw Purchase Bylaw and because I told him my intent, I cannot buy a gun in my name and give it to my boyfriend. For all the man knew, my boyfriend could be a felon and not supposed to have the gun. I can come in and get a gift certificate that my boyfriend can use. Or I can buy the gun and my boyfriend can come in and register for it. I then followed up with, “I couldn't do it?” He said if I didn't tell them and I just came down and bought it and gave it to him, they wouldn't know. |
| “Yeah, if you’re buying it for yourself, as long as you pass the background check through the DOJ, fill out the paperwork, and register it in your name. But no, you can't buy one for him. He has to buy it and register it in his name. If for whatever reason he can't pass a background check, I didn't hear that. In the future, if you are calling around and want to buy it for him, I would keep that mum.” |
aA nominal “yes” response that appeared to be an endorsement for a sale to the caller followed by a legal private party sale to her boyfriend
bA nominal “no” response accompanied by information on how the caller could complete a straw purchase