I went to a local the chain store to purchase a firearm and I was asking the clerk about different firearms, as he knew more about them than I did. I explained the circumstances that I was purchasing it for my friend, would been in a car accident and was not able to come with me, he told me he couldn’t sell me the gun because it was a straw purchase. The employee of the store basically set a straw purchase was when one person was purchasing a firearm for another person, which is illegal. When I looked up the definition of a straw purchase, essentially the guy was calling me and my friend a criminal. And they still would not sell me the gun. Then I went to another location in a nearby town and asked for their purchasing procedures and they were ready to sell me the gun with no questions asked. I feel as if my civil rights have been violated and I’m extremely insulted, can I file a lawsuit for this?
I do not see any cause for civil rights violation or discrimination in your particular case. For one you’re not even technically the person purchasing the gun, your friend who has an injury and can’t make it to the store is the one purchasing the gun, not you. For that reason alone, you don’t even have legal standing to bring any type of case. Another problem with your case is there is no protected class involved, there is no my friend is at home with an injury and can’t make it into the store class that is protected by state or federal law. For civil rights violation to have occurred you need to be a member of a protected class, the federal government has its own list and state have the ability to expand on that list. The list includes such things as sex, national origin, race, disability and usually pertain to things or circumstances you were born into, not situational circumstances such as the one you are asking about. The simple fact is just because someone does something you do not agree with, doesn’t necessarily mean that you civil rights were violated or that you were discriminated against. It seems to me that the second store was in fact violating the law by allowing one person to purchase a firearm for another person, and that’s coming from someone who is an extremely strong supporter of the second amendment right to bear arms. I think in this case just go by the store that will sell you the gun and maybe not be so sensitive next time.
Joseph F. Botelho, Esq.
BOTELHO LAW GROUP
Attorneys At Law
901 Eastern Ave.
Fall River, MA 02723
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