A federal straw purchase charge means the government believes you bought a gun for someone who could not legally buy it themselves. It is prosecuted under 18 U.S.C. Section 932, which carries up to 15 years in federal prison, rising to up to 25 years if prosecutors show you knew or had reasonable cause to believe the firearm would be used in a felony, an act of terrorism, or a drug trafficking crime. Illegal firearms sales charges cover a related set of offenses: trafficking, selling to a prohibited person, and dealing without a license.

These are not the same charges that existed five years ago. Sections 932 and 933 were created by the Bipartisan Safer Communities Act, signed in June 2022, and they gave federal prosecutors dedicated tools where they previously had to work around the edges of the false statement statutes. The Justice Department has charged more than 500 defendants under them.

What Exactly Counts as a Straw Purchase?

A straw purchase happens when the person filling out the paperwork is not the real buyer, and the paperwork hides that.

Section 932 makes it a crime to knowingly purchase, or conspire or attempt to purchase, a firearm for another person while knowing or having reasonable cause to believe that person:

  • Is prohibited from possessing firearms, or
  • Intends to use the firearm in a felony, terrorism offense, or drug trafficking crime, or
  • Intends to pass it to someone in either category

Two elements do most of the work in these cases. “Knowingly” goes to what you understood at the time you signed. “Reasonable cause to believe” is a lower bar, and it is where most defendants get caught, because the government does not have to prove you actually knew. It only has to prove the circumstances should have told you.

An important limit: a genuine, lawful gift is not a straw purchase. Buying a shotgun as a birthday present for someone who can legally own one is legal. The crime is the misrepresentation about who the real buyer is, combined with the recipient’s status.

What Other Charges Come With a Straw Purchase Case?

Almost never just one. Federal firearms cases are usually charged in stacks, and the maximum sentences differ:

  • 18 U.S.C. 932, straw purchasing: up to 15 years, or up to 25 years with the aggravating knowledge element
  • 18 U.S.C. 933, firearms trafficking: up to 15 years for shipping, transporting, or disposing of a firearm knowing or having reasonable cause to believe the recipient’s possession would be a felony
  • 18 U.S.C. 922(a)(6), false statement material to the lawfulness of a sale: up to 10 years
  • 18 U.S.C. 924(a)(1)(A), false statement in records a dealer must keep: up to 5 years
  • 18 U.S.C. 922(d), transferring a firearm to a prohibited person: up to 15 years
  • 18 U.S.C. 922(a)(1)(A), dealing in firearms without a license: up to 5 years

There is also a forfeiture provision. Under 18 U.S.C. 934, a conviction under Section 932 or 933 can trigger forfeiture of proceeds and property used in the offense, plus a fine of twice the gross proceeds. Congress also made both sections predicate offenses for racketeering, money laundering, and wiretap authority. The Congressional Research Service publishes a plain summary of these provisions, and the Justice Department’s conforming rule walks through the penalty changes.

Does It Matter That the Real Buyer Could Legally Own a Gun?

No, and this surprises people more than any other point in these cases.

The Supreme Court settled it in Abramski v. United States (2014). A former police officer bought a handgun for his uncle, who was not a prohibited person and could have bought the gun himself. The Court held that the false statement about who the actual buyer was is still material under Section 922(a)(6), because the entire federal background check system depends on knowing who is really acquiring the firearm.

So “he could have bought it himself” is not a defense to the false statement charge. It may matter enormously at sentencing, and it may matter to whether Section 932 applies at all, since that statute requires the recipient be prohibited or intend a serious crime. But it does not erase the paperwork offense.

What Is Form 4473 and Why Does It Drive These Cases?

ATF Form 4473 is the transaction record you complete at a licensed dealer. It asks directly whether you are the actual transferee or buyer of the firearm, and it warns that answering yes when you are buying for someone else is a crime.

That single question is the evidentiary spine of most straw purchase prosecutions, because:

  • The form is signed, dated, and retained by the dealer
  • It creates a written false statement, which is far easier to prove than intent
  • ATF can trace a recovered crime gun back to the original 4473

Investigations typically start when a gun you bought turns up somewhere else. From there agents pull your purchase history, multiple sale reports, store video, and phone records. Text messages showing who asked for the gun and who paid for it are often the whole case.

When Do Private Gun Sales Become Illegal Dealing?

This is the “illegal firearms sales” half of the exposure, and the line is genuinely blurry.

Section 922(a)(1)(A) makes it a crime to engage in the business of dealing firearms without a federal license. The statute turns on whether you are repetitively buying and selling firearms to predominantly earn a profit, rather than enhancing a personal collection or making occasional sales.

Facts that push toward “dealing”:

  • Buying and reselling quickly, without ever using the firearms
  • Volume and pattern of transactions across a short period
  • Advertising, business records, or a markup structure
  • Buying multiples of the same model

Regulatory definitions in this area have been actively litigated and revised in recent years, so if your case involves private sales volume rather than a single transaction, confirm the current rule with counsel rather than relying on older guidance.

Common Questions About Federal Firearms Charges

Can I be charged if I bought the gun and then changed my mind?

Yes. The offense is complete at the purchase if you intended to transfer it at that moment. Keeping the firearm afterward does not undo the false statement on Form 4473.

Is a straw purchase a federal or state charge?

Usually federal, because the statutes and the dealer paperwork are federal. Some states have parallel offenses, and both can be charged.

What if I did not know the person was a felon?

That is a real defense to some counts, but the government can proceed on “reasonable cause to believe.” What you were told, and what you could see, both matter.

Will I lose my own gun rights?

A felony conviction under any of these statutes makes you a prohibited person for life under federal law.

What to Do Before You Talk to ATF

If agents have contacted you, the interview is the case. Almost every straw purchase prosecution is strengthened by statements the defendant made voluntarily, before counsel was involved.

  • Do not agree to an interview without a lawyer present, even a short one at your door
  • Do not consent to a phone search. Text messages are the most damaging evidence in these cases
  • Do not contact the other buyer. That call can become an obstruction or conspiracy count
  • Preserve your own records, including receipts and any messages showing a lawful gift or resale
  • Get counsel before charges are filed. Pre-indictment is when outcomes actually move

Flatiron Legal Advisors defends serious firearms allegations through our Texas criminal defense team, and our attorneys handle complex federal matters including federal conspiracy prosecutions. If ATF has reached out, or a gun you purchased has been traced, the timing of your next move matters.

Schedule a confidential consultation.