Straw purchase

Under United States federal gun laws, a straw purchase is any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is not the "actual purchaser", but is acting as a proxy for another person. Although the term is commonly used to refer to purchasing on behalf of a person who is legally ineligible to purchase or possess a firearm, the law does not make that distinction.

The term does not apply when the firearm is being purchased as a bona fide gift.

In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor. The first line on form 4473 is “I am the buyer of this firearm” and the purchaser must answer honestly yes or no in ink, in his or her own handwriting.

Many gun shops have jointly participated in programs (such as: “Don’t Lie For The Other Guy”) to deter such purchases.

Signs of a Firearm Straw Purchase

• The customer seems preoccupied as if he or she is trying to remember something they were supposed to get.
• The customer seems ignorant about firearms and has no real desire to learn about them, yet still wants to buy one.
• The customer comes into the store, notes the guns with certain features, such as low cost, and then comes back with money.
• The customer attempts to buy multiple handguns that cost less than $200 each.
• The customer walks in with somebody who directs them on what to buy for them.
• The customer says that he's actually buying the guns for someone else, underage.

If the shopkeeper notices any of these signs, he or she has the right to refuse the sale regardless of the results of the NICS background check.

The BATFE has an online learning theater that illustrates some of these signs.

Other Straw Purchases

A straw purchase can also be defined as any transaction, where the purchaser is knowingly acquiring an item or service for someone who is not able to complete such a transaction themselves. For example, if a person does not have the appropriate credit to purchase an automobile, he may solicit a friend or relative to purchase the automobile for him. This would constitute a straw purchase.

This is not a straw purchase under a strict legal definition however. There is no law prohibiting a person from purchasing a product for another with a lower credit rating. The purchaser is liable for the credit on the purchase should the recipient default, but is not guilty of a crime. The purchaser may be committing fraud by their actions, however.

A straw purchase can also suggest other transactions including, but not limited to: housing, tobacco, alcohol, prostitution, drugs, firearms, automobiles, loans, and credit cards. Straw purchases of alcohol are particularly common, as persons under the drinking age (21 in the United States) frequently request that a person above the legal age purchase alcohol for them.

If intent can be proven, this action is illegal and punishable according to state and federal law.

External links

• A Joint Campaign to Prevent Straw Purchases
• ATF News
• Mayors Against Illegal Guns Coalition homepage
• ATF Online Learning Theater