straw purchase
Under federal law, a straw purchase of a firearm generally occurs when one person purchases a firearm on behalf of another person rather than as the actual transferee or buyer. In Abramski v. United States, 573 U.S. 169 (2014), the U.S. Supreme Court held that a person who purchases a firearm from a federally licensed dealer on behalf of another person violates 18 U.S.C. § 922(a)(6) if the purchaser falsely represents that they are the actual transferee or buyer, even if the ultimate buyer could have legally purchased the firearm themself. The Court also upheld liability under 18 U.S.C. § 924(a)(1)(A) for making a false statement concerning information required to be maintained in the dealer's records.
The Bipartisan Safer Communities Act of 2022 subsequently added 18 U.S.C. § 932, which expressly prohibits certain straw purchases of firearms. Section 932 makes it unlawful to knowingly purchase, or conspire to purchase, a firearm for, on behalf of, or at the request or demand of another person when the purchaser knows or has reasonable cause to believe that the other person is prohibited from obtaining a firearm under 18 U.S.C. § 922(d), intends to use or otherwise dispose of the firearm in furtherance of a felony, a federal crime of terrorism, or a drug trafficking crime, or intends to transfer the firearm to a person described in one of those categories. Section 932 supplements the preexisting federal offenses that can apply to straw purchases. Under Abramski, a false representation that the purchaser is the actual transferee or buyer can violate §§ 922(a)(6) and 924(a)(1)(A), regardless of whether the ultimate buyer is legally permitted to purchase a firearm. Section 932 separately establishes liability for specified straw purchases involving prohibited persons or certain intended unlawful uses or transfers.
[Last reviewed in August of 2026 by the Wex Definitions Team]
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