Straw Purchasing Firearms Federal Charges Explained.

Thanks for visiting Federal Lawyers, a second-generation criminal defense firm managed by our lead attorney, with over 50 years of combined experience defending federal firearms cases throughout New York. Straw purchasing is when you buy a gun for someone else who cant legally purchase it themselves - a convicted felon, someone with a domestic violence conviction, a drug user, a fugitive. Federal law makes this a serious crime. Lie on ATF Form 4473 by claiming your the actual buyer when your really buying for someone else? That's 18 U.S.C. § 922(a)(6) - up to 10 years per count. Transfer the gun to a prohibited person? That's § 922(d) - another 10 years. Prosecutors stack counts, and federal sentencing guidelines push for significant prison time even for first offenders.

What Is Straw Purchasing Under Federal Law?

Straw purchasing occurs when someone who can legally buy firearms purchases them on behalf of someone who cannot. The prohibited person provides the money, selects the firearm, and receives it after purchase - but the straw buyer goes into the gun store, fills out the paperwork, passes the background check, and completes the transaction.

ATF Form 4473 - Where the Crime Happens

Every firearms purchase from a Federal Firearms License (FFL) dealer requires completing ATF Form 4473. Question 21.a asks: "Are you the actual transferee/buyer of the firearm(s) listed on this form?" The form warns: "You are not the actual transferee/buyer if you are acquiring the firearm(s) on behalf of another person."

When you check "Yes" knowing you're buying for someone else, that's a false statement to acquire a firearm - a federal felony under 18 U.S.C. § 922(a)(6). Doesnt matter if the person you're buying for could legally own guns. The lie itself is the crime.

The Supreme Court Case That Matters

In Abramski v. United States, the Supreme Court held that someone who buys a gun intending to transfer it to another person is not the "actual buyer" - even if the ultimate recipient could legally own firearms. The Court rejected the argument that the law only applies when buying for prohibited persons.

That decision means prosecutors can charge straw purchasing whenever you buy a gun intending to give or sell it to someone else, regardless of whether that person is prohibited.

Federal Statutes That Target Straw Purchasing

18 U.S.C. § 922(a)(6) - False Statements