Straw Purchasing Firearms: Federal Charges Explained

Thanks for visiting Spodek Law Group, a second-generation criminal defense firm managed by Todd Spodek, 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

This statute makes it illegal to knowingly make false statements in connection with acquiring firearms from an FFL. When you claim you’re the actual buyer on Form 4473 while actually buying for someone else, you violate this statute.

Penalty: Up to 10 years in federal prison, up to $250,000 fine, supervised release. Prosecutors charge one count per firearm purchased. Buy five guns as a straw purchaser? That’s five separate counts, each carrying 10 years maximum.

18 U.S.C. § 922(d) – Transfer to Prohibited Persons

This statute makes it illegal to sell or transfer firearms to anyone you know or have reasonable cause to believe is prohibited from possessing them. Prohibited persons include convicted felons, fugitives, unlawful drug users, people adjudicated mentally defective, domestic violence offenders, people under restraining orders.

Penalty: Up to 10 years per count. If you bought guns as a straw purchaser and transferred them to someone you knew was prohibited, prosecutors charge both § 922(a)(6) for the false statement AND § 922(d) for the prohibited person transfer. That doubles your exposure.

Count Stacking

Federal prosecutors love stacking counts. You made three straw purchases over two months? That’s three counts of § 922(a)(6) – 30 years maximum. You transferred those guns to a felon? Add three counts of § 922(d) – another 30 years maximum. Suddenly you’re looking at 60 years maximum exposure even though you bought three guns.

Judges dont sentence to the maximum, but count stacking creates enormous plea pressure. Prosecutors offer to drop half the counts if you plead guilty to the rest. Youre still facing 15-20 years guideline range on the remaining counts.

How Prosecutors Prove Straw Purchasing

Prosecutors must prove: (1) false statement on Form 4473, and (2) intent to transfer at time of purchase.

Form 4473 itself is evidence. You signed it, checked “Yes” to being the actual buyer. They just need to prove you weren’t buying for yourself.

Evidence of Intent to Transfer

Prosecutors look for: money transfers from the prohibited person before purchase, text messages discussing which guns to buy, you and the prohibited person traveling to the store together, immediate transfer after purchase, multiple purchases of firearms you dont need, guns recovered from prohibited persons traced to you.

I’ve defended cases where the prohibited person stood next to the straw buyer in the store, pointed to the gun he wanted, then waited outside while the buyer completed paperwork. Surveillance showed everything. Easy case for prosecutors.

Common Straw Purchasing Scenarios

Your friend has a felony conviction. He gives you $600 to buy a handgun. You complete Form 4473 claiming your the actual buyer, pass the check, purchase the gun, hand it over. Two federal felonies – § 922(a)(6) and § 922(d). Maximum 20 years.

Your boyfriend has a domestic violence conviction. He asks you to buy guns using his money. You purchase three pistols, each time claiming your the actual buyer. Three counts each of § 922(a)(6) and § 922(d). Maximum 60 years, though actual guideline sentence would be much lower – probably 3-5 years for a first offender.

Someone recruits you to buy guns in Virginia. They pay you $100 per gun. You buy 10 handguns from different dealers. The guns get trafficked to NYC. Ten counts of § 922(a)(6), potential conspiracy and state trafficking charges.

Defenses to Straw Purchasing Charges

The Gift Exception

ATF regulations allow purchasing firearms as bona fide gifts. If you buy a gun with your own money intending to give it as a gift to someone who can legally own firearms, that’s not a straw purchase. The key: your own money, recipient legally able to own guns, genuine gift – not reimbursed.

I’ve successfully defended cases showing the purchase was a legitimate gift. Client bought a rifle for his son’s birthday using his own funds. Son could legally own firearms. No reimbursement. That’s legal, not straw purchasing.

Change of Heart Defense

If you bought the gun for yourself and only later decided to transfer it, that’s not a straw purchase. The crime requires intent to transfer at the time of purchase. But prosecutors challenge this – they demand proof you intended personal ownership. Transfer one day after purchase undermines the claim.

Lack of Knowledge About Prohibition

For § 922(d) charges, prosecutors must prove you knew the recipient was prohibited. If you didnt know your friend had a felony conviction from 15 years ago, you have a defense to the prohibited person transfer charge. But this doesn’t help with § 922(a)(6) – lying on Form 4473 about being the actual buyer is still a crime under Abramski.

What Spodek Law Group Does

We challenge the intent element. Did you intend to transfer at time of purchase, or did circumstances change later? Without communications or money transfers before purchase, prosecutors struggle to prove pre-purchase intent.

For gift cases, we establish it was a legitimate gift – your own funds, recipient could legally own firearms, no reimbursement. That defeats the charge.

We attack knowledge for § 922(d) charges. If prosecutors claim you knew the recipient was prohibited, we demand proof. Without evidence you knew, the prohibited person transfer charge fails.

We negotiate cooperation agreements. Federal prosecutors want the recruiters – the organizers. If you can provide substantial assistance, we negotiate deals that dramatically reduce exposure.

At Spodek Law Group, we’ve defended straw purchasing cases from single transactions to trafficking schemes. You can reach us 24/7 at our offices throughout NYC and Long Island. When prosecutors charge you with straw purchasing, your defense matters.