Remote Face-to-Face Firearm Purchase

[NavyVet1959]

So, let's say that you are checking Armslist or whatever and you stumble across a firearm that you've been looking for for quite awhile, but it's a pretty good distance away and you can't just drop everything to go there. Let's also say that you have a good friend or relative that just so happens to live there. Being aware that there is this concept of a "straw purchase" and wanting to be on the safe side, you are hesitant to just send your friend the money and tell him to buy the gun for you (even though he would if you asked him to). So, you talk to the seller and tell him that you want to do a FTF transaction remotely and you will arrange to have someone provide transportation of the money from you to him and the firearm from him to you. Of course, all parties involved in the transportation, selling, or purchase of the firearm can legally own firearms and FTF transactions are perfectly legal in this state.

This should be kosher, right?

EDIT: Just to make this clear, since we're talking FTF transactions here, no FFL holders are involved in the transaction or transportation of the firearm.

[Uncle Jimbo]

If your friend is willing to do this and the seller is ok with it also, do it.

[NavyVet1959]

I looked on the ATF's page and it says that you can use a common or contract carrier for the transfer of the firearm in state, so I'm thinking this would fall under that.

https://www.atf.gov/firearms/qa/may-nonlicensee-ship-firearm-common-or-contract-carrier

[Mica_Hiebert]

As your attourney... I would advise you to drink heavy! Muddy waters there. If it where myself I would have my friend purchase that gun for his own self and then if he for some reason doesnt like it or suffers a bit of buyers remorse you could offer to purchase it from him... Or some thing to that extent.

[shoot-n-lead]

A straw purchase would only apply to buying through an FFL...and,you are legal to own the gun, too.

Private purchase...there is no form 4473 for your friend to have to falsify.

[NavyVet1959]

I'm curious because this situation has presented itself before and it sure would have been convenient if I could have just let a friend / relative pick up the gun for me and then I get it from him the next time I see him.

[runfiverun]

does Skype count as face to face?
your looking right at the guy and any documentation he has.

[starmac]

Have done it numerous times, unless that is it really is illegal, so in that case, I wouldn't think of it. lol
One of the local pawn shops here does not deal in firearms, but a friend of mine will buy most anything at pawn shop prices and the pawn shop will give customers his number. He works out of town a lot, so when a deal comes up he calls me. I usually pick it up, if it is something I want, I keep it, if not he buys it the next time he is in town.

[waksupi]

Have the friend examine the gun, assuming he is knowledgable enough to do so. If he says it is good, complete the transaction yourself with the owner through a dealer. Eliminate the grey area.

[MaryB]

Gray area... I would have a friend purchase it then buy it from them. That way they are not using YOUR MONEY to purchase a gun that is not for themselves. Long as it is not done a LOT the ATF will likely not even know. Plus if it is not from a dealer then who will know in a private purchase? If it is an ATF setup your friend is using his own money to buy the gun for himself.

[jonp]

I looked on the ATF's page and it says that you can use a common or contract carrier for the transfer of the firearm in state, so I'm thinking this would fall under that.

https://www.atf.gov/firearms/qa/may-nonlicensee-ship-firearm-common-or-contract-carrier

contract or common carrier refers to a commercial enterprise whose main purpose is transportation of goods.

I think you are ok as the main reason for a straw purchase is for someone to obtain a firearm that can not legally buy or possess through another legal purcheser who can for the sole purpose of transferring the legal firearm to the prohibited party. Since both of you are legal and it is legal for private purchase of the firearm for everyone involved in the location this is happening then I would not have a problem with it. I would ask the seller for a drivers license and CCW (if he has one) and copy the records for your benefit. If the seller refused to provide identification then I would not do it. It is also common for sellers on Armslist and elsewhere to ask for a copy of the buyers Drivers license and CCW for the same reason.

BTW: I agree with Mary. Have a friend buy it then buy if from him. Gifting is open for interpretation.

[pmer]

I'd say make the trip then visit your friend. Otherwise I would move on if he isn't willing ship it.

[BrassMagnet]

Have the friend examine the gun, assuming he is knowledgable enough to do so. If he says it is good, complete the transaction yourself with the owner through a dealer. Eliminate the grey area.

I agree with this!
Too many ATF stings. Too much hatred of gun owners in this administration.
If they decide to raid you and your friend/family member over this it can bankrupt you both even if you are eventually found innocent by a jury of your peers. You might never get your firearms back or you might just get a pile of beat up and rusty garbage back. If they have a warrant they are not liable for any damage they cause.
Think long and hard before you do anything questionable.

[starmac]

If you live in a somewhat free state, what exactly would be illegal about it?
How many of you have bought a gun for a son or daughter?
So far it is legal to buy a gun and sell it, give it away, or throw it away tomorrow, from an individual.
It is legal to buy one from the other side of the state, and have the seller mail it directly to you (long gun).

[Lance Boyle]

In state sales person to person sales used to be legal in NY. They screwed us there now too. For the rest of you it's still legal as far as I can tell unless your home state has it's own prohibitions. As long as both of you are legal to own firearms and live in the same state.

[BrassMagnet]

If you live in a somewhat free state, what exactly would be illegal about it?
How many of you have bought a gun for a son or daughter?
So far it is legal to buy a gun and sell it, give it away, or throw it away tomorrow, from an individual.
It is legal to buy one from the other side of the state, and have the seller mail it directly to you (long gun).

Pretty good distance away suggests across a state line to me. ATF can sting based on that.

[MBTcustom]

State laws apply, so check them, but if your friend buys the firearm and ships it to your FFL, everything is kosher. The only way it's a straw purchase, is if he buys it from an FFL then turns around and hands it to you. That's different you see because you are blatantly flaunting the *deleted* 4473 system, and you just don't flaunt *deleted* government systems!

If the firearm is to be shipped to your FFL, and you are going to fill out a 4473 form, there is no issue whatsoever as far as I can tell. Firearms MUST ship to a licensed FFL anyway, and there is no law against buying a gun for someone as long as the proper paperwork is addressed by the fellow who ends up with it.

[NavyVet1959]

Pretty good distance away suggests across a state line to me. ATF can sting based on that.

We're talking about Texas here... It's possible to be 880 miles away from someone and still be in the same state. :)

[HATCH]

Keep in mind that I know South Carolina law and Federal law.
I do not know the laws of your state.

In SC, it is legal for me to ship a firearm to another individual (non-dealer) provided it doesn't cross state lines.
According to Federal law this is also legal. Federal law concerning transfers deal with transfers between states not transfers in the same state.

I don't know your exact situation so lets say that the gun is in one state with your friend being in that same state. You live in another state.
The legal way would be have your friend do the deal FTF. Your friend then send the firearm to your FFL holder and you do the transfer (4473) at your dealer.

[Down South]

What Tim said.

My interpretation of a Straw Prchase is someone buying a firearm from a FFL and turning around and either giving it or selling it to someone else who requested the buyer to purchase the firearm.

You guys are laying down a lot of grey area that could fall under Straw Purchase.

In some of my own cases; my circumstances are a bit different than being discussed here but the same rules apply.
I've won a number of handguns in Texas in shooting competitions. My residence is in Louisiana. I have the dealer ship the handgun to my FFL in Louisiana. I go by, fill out the paperwork and pick up the firearm from my Louisiana FFL. I could have a buddy Tx resident go pick the handgun up and just drop it off to me but that would be a major ATF law breaker in two ways. It would be considered a straw purchase, second as a Louisiana resident, Federal law prohibits me from purchasing a handgun outside of my resident state.
We would probably get away with it, yes. But I would not put a buddy or myself in that position for the little costs of an FFL transaction between two FFL's.
My FFL in Louisiana doesn't charge me for this since I'm a regular customer and purchase from him.

[flyingmonkey35]

If you make a clear understanding to the seller that your friend is picking it up for you. And you are legal to own it. The atf would have nothing to stand on.

At least in Utah. As if now anyway.


However the correct way is to go threw a ffl but I think that's *******.


I mean if th gobermant don't know you have it then how they going to take it away from you.

[sparky45]

I'm curious because this situation has presented itself before and it sure would have been convenient if I could have just let a friend / relative pick up the gun for me and then I get it from him the next time I see him.
As long as you BOTH, buyer and seller, reside in the same state and the seller is OK with the transaction you should be golden. That said, use your own good judgement.
The key to the transaction is that you both MUST reside in the same state, AND, there aren't any state regulations that would prevent the transaction. This also assumes that the seller is a private citizen and not a FFL holder.

[lefty o]

wouldnt touch this subject with a hundred foot pole. should,would,could, dont f with the atf.

[edctexas]

Oh and keep your records for 20-30 years! That is the buyers DL etc. I got call from ATF over a gun show face to face sale 20 years ago. They were peeved that I hadn't kept the sales records for 20 years. Most records are only kept for a few years like 7 years for tax records.

Ed C

[sparky45]

ATF can pizz and moan all they want, you don't have to have or keep any records. That said, I maintain my sales records similar to what a dealer does. I definitely get a copy of a drivers license and preferably a copy of a CCW. Easy to get and record with your cellphone. I'm talking private sales FTF with both the seller and the buyer residing within the same state.

[nicholst55]

IMHO it is simply too easy to complete this transaction in a known legal manner to take any chances. It may be an ATF sting; it may be a sting perpetrated by an ill-informed newspaper, television station, or anti-gun politician trying to do some grandstanding. Why take the chance? Personally, I don't want to become the poster boy for any of the afore mentioned groups.

[jonp]

I think that with all of the answers ranging from "sure it's legal" to "no, it's a straw purchase the ATF will come after you" we see the problems with Federal Gun Law's. They are what the Federal Government says they are depending on who is in charge and how they want to interpret them. This is no way to run a country that is supposed to be based on laws.

[Jtarm]

shoot-n-lead nailed it:

On a private purchase, the seller does not confirm whether the buyer is eligible to own a gun, so the straw man rule doesn't apply.

This is the "gun show loophole" that the anti-gunners and media like to parrot, even though most have no idea what it means.

IDK if the prohibition of interstate sales even applies to private xfers.

If you've never been in Texas, the longest part of a multi-state road trip is usually just getting out of TX. I live in the N. central area and am closer to Chicago than El Paso.

[Idz]

Now you see the beauty of the Soviet system that obama admires. Make lots and lots of confusing laws and then use Prosecutorial Discretion to enforce the laws only on your enemies. The only purpose of the federal firearms laws is to discourage firearms purchases by making it confusing, complicated, and expensive. That way the dems can keep firearms away from those they consider the lower class citizens.

[dragon813gt]

It's posted on the internet. So there is no way I would even attempt it now. The ATF likes to change their mind all the time and there is to much gray area w/ this situation. Even if there really isn't a gray area, the ATF can make it one at their whim.

[perotter]

ATF can pizz and moan all they want, you don't have to have or keep any records. That said, I maintain my sales records similar to what a dealer does. I definitely get a copy of a drivers license and preferably a copy of a CCW. Easy to get and record with your cellphone. I'm talking private sales FTF with both the seller and the buyer residing within the same state.

I've only sold a few guns and all I got was some greenish paper that had numbers on them and a picture of a dead guy. Plus, I got rid of that. The same when I buy face to face. I get a gun and the seller gets greenish paper.

[reddog81]

Even if it's legal the proposed scenario is probably going to scare most sellers.
Have friend legally buy the gun, shoot the gun, determine he doesn't like the gun, then legally sell it to you at your earliest convenience...

[petroid]

I looked on the ATF's page and it says that you can use a common or contract carrier for the transfer of the firearm in state, so I'm thinking this would fall under that.

https://www.atf.gov/firearms/qa/may-nonlicensee-ship-firearm-common-or-contract-carrier


You answered your own question already. You don't need an FFL. Send the money to your friend via cashier's check or money order made out to the seller. Have your friend examine the gun. If you trust him, he can tell you whether or not it's worth it. He can deliver payment for you. Seller can ship gun directly to you as long as you are both Texas residents and can legally buy guns. Your friend is not considered a "common or contract carrier" unless he is licensed and insured.

[snowwolfe]

Sometimes you people overthink things.

[Geezer in NH]

Serious question is Just how do you intend to ship it legally? No USPS for non ffl per fed law. UPS Fed Ex good luck legally you must state it is a firearm Their rules says an ffl must be involved. Get it damaged stolen lost not stating it was a firearm good luck collecting.

[maxreloader]

Have the friend examine the gun, assuming he is knowledgable enough to do so. If he says it is good, complete the transaction yourself with the owner through a dealer. Eliminate the grey area.

^^^THIS!!! WHY take a chance???

edited because i hit the reply with quote above and not below lol...

[starmac]

# 1 the A private citizen CAN mail a long gun to a buyer inside the state, there is no, as in zero federal law against it. The post office will definately do it here, just no handguns.
# 2 There is no gray area, nor any need for an ffl to be involved, THE FEDS do not care, states are still in control of private sales, so if both or all three parties live in a somewhat free state, it is golden, if you live in a nanny state, well then you may have to bend over and pay for a transfer.
Going by all the answers here, don't touch this, use an ffl, etc, etc, it is no wonder some states have taken the rights they have, it would seem to be easy enough to get some to just say okay, we don't need any gun rights.

[Wolfer]

So, let's say that you are checking Armslist or whatever and you stumble across a firearm that you've been looking for for quite awhile, but it's a pretty good distance away and you can't just drop everything to go there. Let's also say that you have a good friend or relative that just so happens to live there. Being aware that there is this concept of a "straw purchase" and wanting to be on the safe side, you are hesitant to just send your friend the money and tell him to buy the gun for you (even though he would if you asked him to). So, you talk to the seller and tell him that you want to do a FTF transaction remotely and you will arrange to have someone provide transportation of the money from you to him and the firearm from him to you. Of course, all parties involved in the transportation, selling, or purchase of the firearm can legally own firearms and FTF transactions are perfectly legal in this state.

This should be kosher, right?

Absolutely

[dragon813gt]

The issue isn't the state. The issue is the BATFE. I completely agree that this type of transaction doesn't involve the federal government in any way. But that won't stop the Feds from getting involved if they wanted to. I personally don't have the money to fight them in court.

[starmac]

When has the feds ever gotten their panties in a wad over two citizens trading a gun for greenbacks, IF the gun itself was legal?
This is still in the states hands, and the batf has absolutely zero to do with it. Unless I am mistaken, here you do not even have to legally ask a persons name, and they usually don't. Iirc all you are suppose to ask is if they are a citizen, so how would the feds even know, they will not be running any sting on something like this that is comepletely legal, Bloomberg might be trying to pull something, but who gives a rats patoot, legal is legal.

[NavyVet1959]

Serious question is Just how do you intend to ship it legally? No USPS for non ffl per fed law. UPS Fed Ex good luck legally you must state it is a firearm Their rules says an ffl must be involved. Get it damaged stolen lost not stating it was a firearm good luck collecting.

Shipping is not an issue. I figure that he can just hold the firearm until he comes this way or I end up near him. And if it was shipped, UPS will ship firearms.

[starmac]

Got to thinking about this thread, the OP is a Texan, Iirc even an East Texan, an old sailor, I don't get the impression he is a late model metrosexual type of guy, so this thread has to be some kind of joke, he is kicking back with a mug of beer enjoying the show. lol

[jonp]

Serious question is Just how do you intend to ship it legally? No USPS for non ffl per fed law. UPS Fed Ex good luck legally you must state it is a firearm Their rules says an ffl must be involved. Get it damaged stolen lost not stating it was a firearm good luck collecting.

Both Fed Ex and UPS will handle it but Fed Ex is easier. Just have to go to their hub to do it not a store front location. USPS will mail long guns, antiques and black powder (i think on the bp, never tried it).

[rondog]

Here in Colorado even face to face private sales require background checks and an FFL. To be legal, that is.....

Sure was a lot nicer before that BS law came to pass. I can't even tell ya how many FTF deals I've made, one was with an FBI agent.

[DCP]

Been watching this thread. There is no such thing as a

Remote Face-to-Face Firearm Purchase.

So i google it, just one hit. this thread.

[NavyVet1959]

Got to thinking about this thread, the OP is a Texan, Iirc even an East Texan, an old sailor, I don't get the impression he is a late model metrosexual type of guy, so this thread has to be some kind of joke, he is kicking back with a mug of beer enjoying the show. lol

Oh, I'm *always* kicking back, enjoying a mug of beer -- I have a kegerator that I built a couple of years ago. My most difficult decision these days is which keg (15.5 gallons) of beer I'm going to be drinking for the next 6 months. That's about how long a keg lasts me.

<burp>

Sure, what we've always done in cases like this was for one person to say to the other:

"Hey, did you see that listing for (such and such gun) on (such and such site)? That's a pretty good price, isn't it? Weren't you looking for one of those? Check it out -- if you don't like it, I'll buy it off you..."


But we were "shooting the excrement" the other day and someone suggested that even with the (unconstitutional) ATF regulations, it could be argued that you could use a 3rd party to handle the transfer of the money and the firearm (sort of acting as an escrow service) while not violating those (unconstitutional) ATF regulations. Yeah, a bit of beer was involved in this discussion. So, I decided to propose it this forum and see if there was any sort of consensus of opinion.

[Down South]

It's still a straw purchase in my opinion. I know that rules suck but be careful.

[NavyVet1959]

It's still a straw purchase in my opinion. I know that rules suck but be careful.

I'm not so certain... If you knew the seller and sent him the money in the mail and he then shipped the firearm to you via UPS, would the shipping company be guilty of the straw purchase because they had possession of the firearm until it arrived at your house? Sounds more like the person would be acting as an escrow service to me.

[lefty o]

I'm not so certain... If you knew the seller and sent him the money in the mail and he then shipped the firearm to you via UPS, would the shipping company be guilty of the straw purchase because they had possession of the firearm until it arrived at your house? Sounds more like the person would be acting as an escrow service to me.no the shipping company would not, because they did not purchase the firearm as a third party. in your original scenario, you gave money to a buddy and had him purchase a gun for you, and then hold for you or send to you either way the original scenario is by definition a straw purchase, and would run afoul of the ATFE. its pretty straight forward, and just because you use a friend as the purchaser instead of the local crack *****, doesnt change what it is.

[snowwolfe]

If your that worried about it have your friend buy the rifle if it's in the condition it's supposed to be in. Then he can sell it to you and ship it to your FFL.

[starmac]

Some of you guys can sure give the powers to be ammo for some new laws, that apparently you wouldn't mind.
There is no such a thing as a straw purchase in a private sale, where they are legal. About the only way I could think of that a guy could get in hot water is either if the said firearm was stolen or your friend knew for a fact you were not legally allowed to own a firearm. Just the fact that you couldn't legally own one, would be no problem unless they somehow proved he knew it.

[NavyVet1959]

no the shipping company would not, because they did not purchase the firearm as a third party. in your original scenario, you gave money to a buddy and had him purchase a gun for you, and then hold for you or send to you either way the original scenario is by definition a straw purchase, and would run afoul of the ATFE. its pretty straight forward, and just because you use a friend as the purchaser instead of the local crack *****, doesnt change what it is.

I still don't think it is the same. In a situation like I'm proposing for argument, the seller and buyer both agree that the 3rd party is just handling the transportation of the firearm and the money and is not the intended purchaser of the firearm. With a straw purchase, the seller does not know about the buyer that is hidden by the straw purchaser. I don't think it is the same issue. I would be tempted to ask the ATF about this, but the last time I asked them something, they took 6 weeks to respond and then just said to call the phone number of my local ATF office. What good is them having an email address if they just use it to tell you to call them (after delaying 6 weeks)?

[TXGunNut]

Three questions: is there an FFL involved and are all parties to the transaction in Texas and will all transactions take place in Texas? If the answers are "no", "yes" and "yes" I think you'll be OK. Otherwise I think you have something that the BATFE could describe as a straw purchase. A recent case I read about changed what I thought I knew about straw purchases. Please remember that BATFE has unlimited funds to prosecute us, we have limited resources to defend ourselves. Feeling lucky?

[JonB_in_Glencoe]

I still don't think it is the same. In a situation like I'm proposing for argument, the seller and buyer both agree that the 3rd party is just handling the transportation of the firearm and the money and is not the intended purchaser of the firearm. With a straw purchase, the seller does not know about the buyer that is hidden by the straw purchaser. I don't think it is the same issue. I would be tempted to ask the ATF about this, but the last time I asked them something, they took 6 weeks to respond and then just said to call the phone number of my local ATF office. What good is them having an email address if they just use it to tell you to call them (after delaying 6 weeks)?
I dawdled through this thread, maybe I missed where the Seller is a FFL ?
If the seller isn't, no harm, no foul.
If the seller is a FFL, then it's all about the Fed. (ATF/FBI), and them not being able to get to do a background check on the actual buyer, If they catch wind of it (unlikely), they'll no doubt, be motivated to investigate. When they figure out you're legal to own, they'll probably drop it...unless there are other circumstances, like there were at Ruby Ridge or Waco.

[NavyVet1959]

I dawdled through this thread, maybe I missed where the Seller is a FFL ?
If the seller isn't, no harm, no foul.
If the seller is a FFL, then it's all about the Fed. (ATF/FBI), and them not being able to get to do a background check on the actual buyer, If they catch wind of it (unlikely), they'll no doubt, be motivated to investigate. When they figure out you're legal to own, they'll probably drop it...unless there are other circumstances, like there were at Ruby Ridge or Waco.

Since we're talking FTF transaction, then no FFL holder is involved in the transaction / transportation of the firearm.

[Down South]

Since we're talking FTF transaction, then no FFL holder is involved in the transaction / transportation of the firearm.
Well, Blow me down. All this time I was under the impression that you were having someone pick a firearm up at a gun shop "FFL" and deliver the gun to you. That would be a straw purchase. But, if your buddy, nephew, or whatever is purchasing the gun from Joe Blow down the street or wherever but is not an FFL, then you are good to go. Crazy rules but that would be the same as a FTF sell which is legal in Tx and many other states.

[rondog]

JMHO, whatever a buyer and a seller work out is their business, but it shouldn't be discussed on an internet forum. There's a concept called "CIPCIP", Comply In Public, Conduct In Private.

Just sayin'.....

[NavyVet1959]

I suspect some might flame me for doing this, but I was curious, so I contacted the ATF to see what they said about it. It got forwarded through a couple of different email addresses, so it is a safe bet that this is not just the opinion of one person.

I was told that there was nothing in 27 CFR 478.128 or the ATF Federal Firearms Regulations Reference Guide (2014) that matched this scenario. I then asked him to reiterate that this was perfectly kosher and he replied that there was "no problem" with it. I have suggested that it would be useful for others if this was included in their FAQs web page.

[lefty o]

bet you get different answers with a different agent. if its not in writing in clear concise language, when it comes to the atfe dont do it.

[NavyVet1959]

bet you get different answers with a different agent. if its not in writing in clear concise language, when it comes to the atfe dont do it.

One could argue that NOTHING ever written by the government came in "clear concise language". :)

The two contacts in the last portion of the email exchange were with usdoj.gov domains. The original email was to an atf.gov email address that I had. So, apparently this is a DOJ ruling, not just an ATF ruling.

[jonp]

I still think this is legal. Go to Fed Ex's website and they tell you exactly how to not only package the handgun but ship it. I have bought several from private individuals online. One of the guys boxed it up himself, took it to the Fed Ex hub and shipped it. He sent it to my FFL just to be sure but the transfer cost me $20. The NC FFL that handled it for me said that all firearms bought and shipped like that can be shipped by a private person but had to be delivered to an FFL and, of course, signed for. I had no reason to doubt him. It seems to me that this is the scenario you are talking about. The only difference is that it is all in Texas. On that part I don't know. I'd just have the guy ship it to an FFL and deal with it like that. Gun Auction has a place where you can put in your zip code and it will pop up all the FFL's in whatever radius you enter that will handle private sales/buys and what they charge for the service.

[NavyVet1959]

Sometimes, you have buyers and sellers who don't want to go through an FFL even when everyone involved has a CHL. Sometimes it is just an issue of saving on transfer fees and shipping. Doesn't make sense to pay for either when it is not necessary. At least I now have a definitive answer by the DOJ that is is legal to do it that way.

Probably should have asked while I was at it if there is even any such thing as a "straw purchase" with respect to transactions between private individuals, but I didn't want to push my good luck. :)

[destrux]

A straw purchase would only apply to buying through an FFL...and,you are legal to own the gun, too.

Private purchase...there is no form 4473 for your friend to have to falsify.

FWIW a legal person buying a gun for another legal person is still considered a straw purchase if the buyer knew the gun was being bought for the other legal person. The final owner doesn't need to be barred from firearms ownership for it to be a straw purchase, and the ATF has prosecuted people for this.

This is in reference to a purchase from an FFL not the hypothetical the OP posed.

[NavyVet1959]

FWIW a legal person buying a gun for another legal person is still considered a straw purchase if the buyer knew the gun was being bought for the other legal person. The final owner doesn't need to be barred from firearms ownership for it to be a straw purchase, and the ATF has prosecuted people for this.

This is in reference to a purchase from an FFL not the hypothetical the OP posed.

Yeah, there's the Form 4473 and FFL involvement, but according to the USDOJ person whom the ATF forwarded my email, that does not apply when all the parties are non-FFL holders and everyone resides in the same state.