What is straw purchase firearm

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal criminal cases – including firearms charges that can destroy your future. We’ve represented clients in cases that made national headlines, like the Anna Delvey case that became a Netflix series, the Ghislaine Maxwell juror misconduct matter, and the Alec Baldwin stalking case.

A straw purchase happens when you buy a firearm for someone else while falsely claiming on federal paperwork that you’re the actual buyer. The person you’re buying for doesn’t need to be a prohibited person – they can be your uncle, your brother, your best friend who’s legally allowed to own guns. If you’re buying the gun for them and you mark on ATF Form 4473 that you’re the actual buyer, you’ve committed a federal crime.

Most people charged with straw purchases had no idea this was illegal. They thought they were helping out a family member or getting someone a better price using their law enforcement discount. The Supreme Court made this crystal clear in Abramski v. United States in 2014 – even if the ultimate recipient could legally buy and own the firearm themselves, the straw purchaser still violated federal law by lying about being the actual transferee.

Bruce Abramski was a former police officer who bought a Glock 19 for his uncle in Pennsylvania using his law enforcement discount. His uncle could legally own firearms – no criminal record, no prohibitions. Abramski checked “yes” on Form 4473 when asked if he was the actual buyer. He wasn’t. The Supreme Court ruled 5-4 that this was a straw purchase and Abramski had violated 18 U.S.C. § 922(a)(6) by making a false statement material to the lawfulness of the sale.

Justice Kagan wrote that allowing Abramski’s interpretation would “completely gut” the law’s twin purposes – keeping guns from criminals and helping law enforcement trace firearms used in crimes. That’s the law today in 2025.

Federal law punishes straw purchases through multiple statutes. The original provision, 18 U.S.C. § 922(a)(6), makes it illegal to knowingly make false statements when purchasing a firearm from a licensed dealer. Penalties go up to 10 years in federal prison. Then in June 2022, Congress passed the Bipartisan Safer Communities Act, which created a new criminal offense specifically for straw purchasing under 18 U.S.C. § 932.

Under section 932, straw purchasing carries up to 15 years. If you knew or had reasonable cause to believe the firearm would be used to commit a felony, a federal crime of terrorism, or a drug trafficking crime, the penalty jumps to 25 years.

People get confused about gifts. You can gift a firearm to someone – that’s legal. If you walk into a gun store, buy a gun for yourself with your own money and your own decision to purchase it, then later decide to give it to your son for his birthday, that’s a gift. The difference is your intent at the time of purchase. If you’re walking in already planning to buy it for someone else, already have their money or their commitment to reimburse you – that’s a straw purchase, not a gift.

The cases we see most often involve family members. Someone’s brother can’t pass the background check because of an old felony. Someone’s girlfriend is prohibited because of a domestic violence conviction. The buyer goes in, fills out the form, passes the background check, walks out with the gun, and hands it over. ATF investigates when that gun shows up at a crime scene or when someone tips them off.

Federal investigators will pull records from the gun dealer showing who bought the firearm. Many people admit everything immediately because they don’t think they did anything wrong – they’ll say “yeah, I bought it for my brother, he paid me back.” That confession just handed prosecutors their case. Now you’re facing years in federal prison.

Some defendants try to argue they didn’t know the other person was prohibited. Doesn’t matter for the basic straw purchase charge under 922(a)(6) – you lied about being the actual buyer regardless of who was getting the gun.

If you’re under investigation or you’ve been charged, do not talk to ATF agents without a lawyer. They’re building a case against you. Every word you say will be used to convict you. “Did you buy this gun for someone else?” If you say yes, you’re done.

At Spodek Law Group – we’ve defended clients facing federal firearms charges for many, many years. Our attorneys include former federal prosecutors who understand how these cases are built and where the weaknesses are. We look for technical defenses first. Did ATF follow proper procedures in the investigation? Was there an illegal search or seizure? Were you properly advised of your Miranda rights before making statements?

Then we look at intent defenses. Did you actually intend to purchase the firearm for yourself at the time, and only later decide to transfer it? That’s a gift, not a straw purchase. The timing matters. Text messages, financial records, witness statements – we use everything to build the narrative that you were the actual buyer.

In cases where the evidence is strong, we negotiate. Federal prosecutors have enormous discretion in charging decisions and plea agreements. Sometimes we can get a straw purchase charge reduced to a lesser offense. Sometimes we can structure a plea that avoids mandatory minimums. Sometimes we can negotiate for cooperation credit if you have information about other people involved in firearms trafficking.

The worst thing you can do is ignore a federal investigation. If ATF agents contact you, if you receive a target letter from a U.S. Attorney’s Office, if you’re subpoenaed to testify before a grand jury – you need a lawyer immediately. Federal prosecutors have a conviction rate over 90%. By the time you’re indicted, they’ve already built their case.

A federal firearms conviction follows you forever. You’ll lose your right to own firearms. You’ll have a felony record that affects employment, housing, professional licenses. If you’re not a U.S. citizen, you could face deportation. Prison time in these cases is very real, with most defendants sentenced to years in federal custody even as first-time offenders.

If you’re reading this because you bought a gun for someone else and now you’re panicking – call us. If ATF has contacted you – call us. We’ve handled these cases, we know the law, and we know how to fight for clients facing federal firearms charges. Our managing partner Todd Spodek has many, many years of experience with federal criminal defense, and our team includes attorneys who’ve worked on both sides – as prosecutors and as defenders.

Unlike other law firms who are more focused on their relationship with prosecutors, our only loyalty is to you and getting you the best possible outcome. Straw purchase cases move fast once charges are filed. We get to work immediately – reviewing the evidence, filing motions to suppress evidence, and building your defense strategy. Don’t let a straw purchase charge destroy your life. Call Spodek Law Group today.