So Kelley was on record he was going to be a straw buyer?
Sounds like a “yes”. “Are you the ultimate recipient of the gun?” Lying on the 4473 is a felony - at least when us peasants do it.
Who would bring charges ATF? Cool.
No. He was going to buy the gun and “gift” it. Perfectly legal.
He committed a felony by attempting to make a "Straw Man" purchase.
He should be prosecuted for lying on his ATF Form 4473.
Here is the applicable question on the form:
(ATF Form 4473) Firearms Transaction Record Part I - Over The Counter
11. Answer questions 11.a. (see exceptions) through 11.l. and 12 (if applicable) by checking or marking yes or no in the boxes to the right of the questions.
1. Transferees Full Name
a. Are you the actual transferee/buyer of the firearm(s) listed on this form?
Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.
I certify that my answers to Section A are true, correct, and complete. I have read and understand the Notices, Instructions, and Definitions on ATF Form 4473. I understand that answering yes to question 11.a. if I am not the actual buyer is a crime punishable as a felony under Federal law, and may also violate State and/or local law. I understand that a person who answers yes to any of the questions 11.b. through 11.k. is prohibited from purchasing or receiving a firearm. I understand that a person who answers yes to question 11.l. is prohibited from purchasing or receiving a firearm, unless the person also answers Yes to question 12. I also understand that making any fals e oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punish able as a felony under Federal law, and may also violate State and/or local law. I further understand that the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of law (See Instructions for Question 16)