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.

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Legal Scenario: What Would You Do?

Scenario

Your cousin asked you to buy a handgun from a licensed dealer because he said his ID was expired, so you filled out the ATF Form 4473 listing yourself as the actual buyer. Two months later, federal agents showed up at your door saying your cousin is a convicted felon who was prohibited from possessing firearms.

Can I really face federal charges even though I didn't know my cousin was a felon when I bought the gun?

Attorney's Answer

Under 18 U.S.C. § 922(a)(6), it is a federal crime to make a false statement on the ATF Form 4473, and by listing yourself as the actual buyer when you were purchasing the firearm for someone else, you already committed that offense regardless of your knowledge of his criminal history. Straw purchasing carries up to 10 years in federal prison and a $250,000 fine, and prosecutors do not need to prove you knew the ultimate recipient was a prohibited person — only that you were not the true purchaser. The Supreme Court confirmed in Abramski v. United States (2014) that straw purchases are illegal even when the intended recipient could have legally bought the gun themselves. We would need to review exactly what you told agents and examine whether any statements can be suppressed, but you should not speak to law enforcement again without your attorney present.

This is general information only. Contact us for advice specific to your situation.

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