A straw purchase refers to a scenario where one person buys a firearm for someone else. The person who makes the purchase never intends to keep the weapon, but transfers it immediately to the other party.
This label doesn’t apply in all situations. There are some cases where consumers can buy firearms as a gift for others, for example. A parent may buy a gun for their child when they have their 12th birthday, knowing that they will be interested in target shooting or small game hunting.
But buying for someone else becomes illegal when it is a form of intentional fraud. The person who bought the gun fraudulently indicated that they were purchasing it for themselves when they knew all along that they were buying it for someone else.
Passing a background check
The issue with straw purchases comes from the fact that some people are prohibited from buying firearms. They wouldn’t pass a background check, perhaps because they have a felony on their permanent record or something of this nature.
To get around this rule, they work with the other party to make the purchase. They know that the other person will pass a background check, so they give them the money for the gun and then transfer ownership of the firearm once it is in their possession. Not only are they breaking the law by possessing a firearm illegally, but they may have committed a straw purchase to obtain it – and so both people could find themselves facing criminal charges.
What should you do?
You may have been accused of making a straw purchase, even though you don’t believe that you broke the law. It’s still something that you need to take very seriously, and you must understand all of the defense options at your disposal.