Understanding Straw Purchases and Unlawful Firearm Transfers in Federal Court
Oct. 10, 2025
Buying a gun for someone else might seem like a harmless favor, but in the eyes of federal law, it can lead to serious criminal charges. Many people don’t realize just how severe the consequences can be until they’re under investigation or facing prosecution.
Whether it’s a friend with a felony record or a family member trying to avoid paperwork, acting as a “middleman” in a firearm transaction can quickly spiral into a federal case. These situations often start with good intentions but end with life-changing penalties, including prison time, fines, and a permanent criminal record.
If you're under investigation or charged with a federal gun offense in Oklahoma City, Tulsa, Muskogee, or the surrounding areas of Norman, Chickasha, Shawnee, or Edmond, Franklin Law Firm, PC can help.
Attorney Marna Franklin assists clients in understanding the nature of federal charges and how to fight back when accused of unlawful firearm transfers or straw purchases. If you or someone you know is facing federal firearm charges, contact Franklin Law Firm, PC today to speak to an experienced firearm transfer attorney about your case.
What Is a Straw Purchase?
A straw purchase occurs when someone buys a firearm on behalf of another person who may not be eligible to purchase or possess a gun under federal law. The buyer fills out the required federal paperwork—particularly ATF Form 4473—but lies about the actual recipient of the firearm.
The most critical question on that form asks whether the buyer is the actual transferee or true purchaser. If someone answers "yes" while knowingly buying the firearm for someone else, they’ve just committed a federal crime—even if the ultimate recipient is legally allowed to own a firearm.
Federal authorities take straw purchasing very seriously, particularly when the firearm ends up in the hands of someone prohibited from possessing it, such as a convicted felon, a domestic violence offender, or someone under indictment.
What Makes a Firearm Transfer Unlawful?
Not every gun transfer between private individuals is illegal—but certain types of transfers violate federal law, especially when done without background checks or proper documentation.
Common scenarios that lead to unlawful transfer charges include:
Selling a gun to someone prohibited by law: This includes felons, those convicted of domestic violence, or people under restraining orders.
Knowingly providing a firearm to someone intending to use it in a crime: Intent plays a significant role in how these cases are charged.
Transferring firearms across state lines without using a licensed dealer: Federal law requires interstate transfers to go through a Federal Firearms Licensee (FFL).
Buying a gun for someone else (straw purchase): This is unlawful even if the other person could legally buy it themselves.
Selling firearms without a license: Regularly selling guns as a business without an FFL can trigger federal prosecution.
Whether you're transferring a gun to a family member or selling to a stranger, understanding the rules is essential. What seems like a casual sale or favor can quickly become a federal offense.
Federal Laws Involved in Straw Purchases and Transfers
Several federal statutes apply to firearm offenses, particularly those involving false statements and illegal transfers. These laws are aggressively enforced and can carry harsh penalties.
Relevant federal laws often cited in these cases include:
18 U.S.C. § 922(a)(6): Making a false statement during the purchase of a firearm (e.g., lying on Form 4473).
18 U.S.C. § 922(d): Providing a firearm to a prohibited person.
18 U.S.C. § 922(g): Prohibits certain individuals (felons, fugitives, etc.) from possessing firearms.
18 U.S.C. § 924(a)(1)(A): Penalties for knowingly making false statements related to firearms.
18 U.S.C. § 371: Conspiracy to commit an offense against the United States (often used in straw purchase cases involving two or more people).
These charges are often filed together, and even a single act—like signing your name on a background check form on behalf of someone else—can result in multiple felony charges.
Penalties for Federal Firearm Offenses
Federal firearm charges come with serious consequences, especially when a straw purchase or unlawful transfer is involved. In many cases, defendants are surprised to learn just how long the possible prison sentence can be.
Common penalties include:
Up to 10 years in federal prison for making a false statement during a firearm purchase (under 18 U.S.C. § 922(a)(6)).
Up to 15 years if the firearm was transferred to a person prohibited from possessing it.
Mandatory minimums in certain cases, especially if the firearm was later used in a violent crime or drug trafficking offense.
Fines up to $250,000 and long-term supervised release.
Loss of gun ownership rights, voting rights, and future employment opportunities related to background checks.
Federal sentencing guidelines also consider factors like prior convictions, the number of firearms involved, and whether the firearm was used in a subsequent crime.
Who Is Considered a Prohibited Person?
Federal law outlines several categories of individuals who aren't allowed to purchase, own, or possess firearms. Selling or giving a gun to someone in one of these categories can result in federal charges—even if the transfer was informal or unintentional.
Prohibited individuals under federal law include:
Felons (any conviction punishable by more than one year in prison)
People convicted of misdemeanor domestic violence
Individuals subject to a restraining order related to domestic violence
Unlawful users of controlled substances
Fugitives from justice
People adjudicated as mentally ill or committed to mental institutions
Undocumented immigrants or those in the U.S. on non-immigrant visas
Individuals dishonorably discharged from the military
It’s not enough to say, “I didn’t know they were prohibited.” If the government can show that you should have known or deliberately avoided finding out, that may be enough to convict.
How These Cases Are Investigated
Federal firearm offenses are often investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). In some cases, charges arise months—or even years—after the original gun purchase took place.
Investigative methods may include:
Tracing firearms recovered at crime scenes back to the original purchaser
Reviewing ATF Form 4473 for inconsistencies or false information
Interviewing firearms dealers (FFLs) about suspicious purchases
Surveillance and undercover operations targeting illegal gun sellers
Digital communications and payment records connecting buyers and recipients
Tracking social media posts of suspects
Many people charged with straw purchasing or unlawful transfers never expected to be involved in a federal investigation. These cases often unfold quietly, until a federal agent shows up—or a target letter arrives in the mail.
Legal Defenses to Straw Purchase Charges
There are defense strategies that may apply in straw purchase and unlawful transfer cases, depending on the circumstances and the evidence.
Possible legal defenses include:
Lack of intent: The defendant didn’t know they were making a false statement or didn’t intend to break the law.
Entrapment: Law enforcement persuaded the defendant to commit a crime they wouldn’t have otherwise committed.
Mistake of fact: The person believed the recipient was legally allowed to own a firearm.
Insufficient evidence: The prosecution can't prove beyond a reasonable doubt that a straw purchase occurred.
Violation of rights: Evidence may be excluded if it was obtained through an illegal search or seizure.
It’s critical to work with an attorney who understands both the federal firearm statutes and how to challenge government investigations. Many people charged with these offenses have no prior record and never imagined they’d be caught in a federal case.
Speak to a Firearm Transfer Lawyer Today
Facing charges for a straw purchase or unlawful firearm transfer in federal court is no small matter. The consequences can be life-changing—lengthy prison time, permanent felony status, and a loss of constitutional rights. But you don’t have to face it alone.
Franklin Law Firm, PC, located in Oklahoma City, and serving clients in Oklahoma City, Tulsa, Muskogee, Norman, Chickasha, Shawnee, and Edmond, helps individuals charged with federal firearm offenses understand what they’re up against and how to fight back.
Since 1996, Attorney Marna Franklin has been handling high-stakes federal cases, including those involving gun charges and false statements. If you’ve been charged—or think you might be—don’t wait for things to get worse.
Contact Franklin Law Firm, PC today to schedule a confidential consultation and take the first step in defending your future.