What Is a Straw Purchase of a Gun Under Federal Law?

A straw purchase of a gun is when someone buys a firearm from a licensed dealer while falsely claiming on the paperwork that they are the actual buyer, when in fact they are acquiring the gun for another person. Federal law treats this as a serious crime. Penalties reach up to 15 years in prison under the dedicated straw purchasing statute Congress passed in 2022, and up to 10 years under the older law that punishes false statements on the federal firearms transaction form. The offense turns on the lie, because that lie defeats the background check system.¹

How a Straw Purchase Works

Two people are involved. The straw buyer is someone who can pass a background check at a licensed dealer. The actual buyer is the person who really wants the firearm but either cannot legally own one or wants their name kept off the record. The straw buyer fills out the paperwork, clears the check, walks out with the gun, and hands it over.

A typical example: someone with a felony conviction gives cash to a friend with a clean record. The friend buys a handgun from a dealer and passes it to the felon. Both have committed federal crimes.

The actual buyer does not have to be a prohibited person for the transaction to be illegal. In Abramski v. United States, the Supreme Court held that a former police officer who bought a handgun at a discount for his uncle committed a federal crime by falsely claiming on the purchase form that he was the actual buyer. The uncle was perfectly legal to own firearms. The Court ruled that lying about who the true purchaser is defeats the purpose of federal gun laws regardless of whether the real buyer could have passed a background check on their own.²

The Two Federal Charges

Federal prosecutors can pursue a straw purchase under two separate statutes, and they can bring both from the same transaction.

False Statement on Form 4473

Every firearm purchase from a licensed dealer requires the buyer to complete ATF Form 4473, the Firearms Transaction Record. Question 21.a asks whether you are the actual buyer. The form explicitly warns that you are not the actual buyer if you are acquiring the gun on behalf of someone else.³

Answering yes to that question while knowing you are buying for another person violates 18 U.S.C. § 922(a)(6), which makes it a federal crime to make any false statement material to the lawfulness of a firearm sale.⁴ For decades this was the main charge used against straw buyers.

The Straw Purchasing Statute

The Bipartisan Safer Communities Act of 2022 created 18 U.S.C. § 932, the first federal law that criminalizes straw purchasing as its own offense. Before this, straw buyers were typically charged only with the paperwork violation, which Congress viewed as carrying penalties too light for the harm involved.⁵

Under § 932 it is illegal to knowingly buy or conspire to buy a firearm for someone you know or have reason to believe is a prohibited person.⁶

Federal Penalties

The consequences scale with what happens to the firearm after the sale.

False statement on Form 4473 under § 922(a)(6): up to 10 years in prison⁷
Straw purchasing under § 932: up to 15 years in prison and a fine of up to $250,000¹
Enhanced penalty: if the straw-purchased firearm is later used to commit a felony, in an act of terrorism, or in a drug trafficking crime, the maximum rises to 25 years⁸

Because both charges can be brought from the same transaction, a defendant can face consecutive sentences. A conviction under either statute is a felony, which permanently strips the right to possess firearms and can affect voting rights and other civil liberties depending on the jurisdiction.

Gifts Are Not Straw Purchases

Buying a firearm as a genuine gift is legal. The Form 4473 instructions say so directly: if you buy a gun with your own money to give as a bona fide gift, you are the actual buyer and should answer yes to question 21.a.³

A gift stops being bona fide and becomes a straw purchase the moment the recipient gives you money, services, or anything of value in exchange for buying the gun. The form’s own example makes the line clear. If Mr. Smith gives Mr. Jones money to buy a firearm, Mr. Jones is not the actual buyer and the dealer cannot complete the sale. If Mr. Brown buys a gun with his own money as a gift for Mr. Black with no compensation from Mr. Black, the transaction is lawful.³

One caveat matters: the recipient must still be legally allowed to possess a firearm. Buying a gun with your own money and giving it to someone you know is a prohibited person is a federal crime under § 932.

State Charges on Top of Federal

Many states have their own straw purchasing laws, and these run alongside the federal framework. A single transaction can be prosecuted by both federal and state authorities. State penalties vary widely, with some jurisdictions treating straw purchasing as a misdemeanor and others as a felony carrying several years in prison. Some states have also enacted broader laws reaching related conduct such as firearms smuggling or transferring guns to people under protective orders. The exposure for someone involved in a straw purchase depends on where the transaction happens.

Reporting a Suspected Straw Purchase

The ATF takes tips through several channels. You can call 1-888-ATF-TIPS (1-888-283-8477), email ATFTips@atf.gov, or submit an anonymous tip online through the ATF’s report it® system. In an emergency or active situation, call 911 first.⁹

1
Office of the Law Revision Counsel. 18 U.S. Code 932 – Straw Purchasing of Firearms
2
Justia Law. Abramski v. United States, 573 U.S. 169 (2014)
3
Bureau of Alcohol, Tobacco, Firearms and Explosives. Firearms Transaction Record – ATF Form 4473
4
Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
5
United States Department of Justice. Fact Sheet – Two Years of the Bipartisan Safer Communities Act
6
Office of the Law Revision Counsel. 18 USC 932 – Straw Purchasing of Firearms
7
Office of the Law Revision Counsel. 18 USC 924 – Penalties
8
Bureau of Alcohol, Tobacco, Firearms and Explosives. Don’t Lie for the Other Guy
9
Bureau of Alcohol, Tobacco, Firearms and Explosives. Submit a Tip