24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

My Ex is Threatening to Report Me for Buying Him a Gun

December 14, 2025 Uncategorized

My Ex is Threatening to Report Me for Buying Him a Gun

Your ex knows something about you that could destroy your life. At some point during your relationship, you bought a gun for them. Maybe they were short on cash. Maybe they didnt want to deal with the paperwork. Maybe you were just being helpful, doing what partners do. You went to the store, filled out the forms, passed the background check, and handed them the gun. It seemed like nothing at the time.

Now the relationship is over. And your ex is using that purchase as leverage. Give me what I want or I’ll report you. Do what I say or ATF gets a call. The threat hangs over every interaction, every text message, every argument about money or property or kids.

Here’s what you need to understand about the situation your in. Your ex is threatening to report a federal crime. But the act of threatening to report you unless you give them something might also be a federal crime. You both have criminal exposure here. The question is who ends up facing charges and who ends up cooperating with investigators.

The gun purchase itself – the one your ex is threatening to report – carries up to 15 years in federal prison under 18 USC 932. Thats the Bipartisan Safer Communities Act of 2022. First-time offenders are commonly getting 48 to 60 months. Federal prison has no parole. You serve at least 85% of whatever sentence you recieve. This isnt a threat to take lightly.

But heres the thing nobody tells you. Your ex reporting you dosent automatically mean you get charged. It triggers an investigation. And that investigation might expose things your ex would rather keep hidden – like why they needed YOU to buy the gun in the first place.

The Threat You’re Facing

Let me be direct about what your dealing with. When you bought that gun for your ex, you committed a federal felony. It dosent matter that you were in a relationship. It dosent matter that you trusted them. It dosent matter that you thought you were helping. The crime was lying on ATF Form 4473 – checking “yes” when asked if you were the actual buyer when you werent.

The Supreme Court settled this in Abramski v. United States. Bruce Abramski bought a gun for his uncle. Both were legal to own firearms. The transfer was done through proper channels. Didnt matter. Supreme Court upheld the conviction. The crime is the lie on the form, not whether the ultimate recipient was legal.

This is what makes your situation so dangerous. Your ex dosent need to prove you committed a crime. They just need to report what happened. Once ATF starts investigating, there going to find evidence. The Form 4473 with your name. Text messages between you. Bank records showing payments. Photos of your ex with the gun. Your relationship created a documentary trail that federal prosecutors will use to build a case.

And heres the irony that makes this worse. When you bought that gun, you trusted this person with your life. Now theyre threatening your freedom. The person you once loved enough to commit a felony for is now the person most likely to put you in federal prison.

The texts and communications your ex is using to threaten you are the same evidence ATF will use to convict you. Everything they cite as proof of there leverage is also proof of your crime. The evidence paradox is real – what proves there threat proves your guilt.

What Actually Happens When Someone Reports a Straw Purchase

Your ex thinks making a report means you get arrested. Thats not how it works. Heres what actually happens when ATF recieves a tip about a straw purchase.

First, ATF evaluates the credibility of the report. Is there specific information? Dates, locations, firearm descriptions, store names? Vague accusations get less attention. Detailed reports with verifiable facts get prioritized.

Second, ATF pulls records. They start with the Form 4473 from the gun store. This confirms who purchased the firearm, when, and from where. Your name is on federal paperwork forever. This step takes days, not months.

See also  NY Drug Diversion Attorneys

Third, ATF investigates independently. Your exs word alone wont convict you. But there word triggers the investigation that finds evidence that WILL convict you. Agents subpoena phone records. They pull text messages. They examine financial transactions. They interview people who knew about the purchase.

Fourth, ATF interviews both parties. This is where it gets complicated. You’ll be asked questions about the purchase. So will your ex. Every answer gets compared to documentary evidence. Every inconsistency becomes proof of deception.

The investigation cascade works like this. Ex reports → ATF pulls 4473 → Phone records subpoenaed → Text messages discovered → Both parties questioned → Evidence corroborated → Charges considered → Grand jury → Indictment.

This process takes months. Sometimes over a year. Your ex might make the threat today, but the investigation plays out over a long timeline. Thats both good and bad. Good becuase you have time to get legal help. Bad becuase the uncertainty hangs over you for months while you wait to learn your fate.

The waiting is its own punishment. You dont know if charges are coming. You dont know what evidence ATF has gathered. You dont know what your ex has told them. Every knock at the door could be federal agents. Every unknown phone number could be ATF calling. People describe this period as psychological torture – living under the constant threat of having your life destroyed.

ATF agents are trained to interview witnesses before suspects. They talk to everyone who might know something. Your friends, your family, people who saw you with the gun. They build the case around you before they ever talk to you directly. By the time you get that knock on the door, the investigation is often in its final stages.

OK so think about what this means. Your ex reporting you dosent equal automatic prosecution. But it does equal an investigation that will uncover everything. Every text, every payment, every photo, every communication. All of it becomes federal evidence.

The Federal Crime You Committed

Let me explain exactly what your facing in legal terms.

Under 18 USC 932, straw purchasing is a federal felony carrying up to 15 years in prison and fines up to $250,000. If the government can prove you knew or should have known the firearm would be used in a violent crime, terrorism, or drug trafficking, the maximum jumps to 25 years.

The older false statement statute – 18 USC 922(a)(6) – also applies. Thats up to 10 years. Prosecutors can charge both statutes for the same conduct.

Heres what changed after 2022. Before the Bipartisan Safer Communities Act, first-time straw purchasers sometimes got probation. Not anymore. The sentencing culture shifted. 48 to 60 months is now common for people whove never been arrested before.

And remember the federal math. No parole means you serve 85% minimum. A 5-year sentence means over 4 years in a federal facility. This isnt state court with good behavior credits and early release. Federal time is real time.

The romantic relationship context dosent matter to federal prosecutors. They hear “I bought it for my boyfriend” and “I bought it for my girlfriend” constantly. Its one of the most common straw purchase scenarios they prosecute. Your relationship might make you more sympathetic to a jury, but it dosent change whether you committed the crime.

The statute of limitations is 5 years. Your ex can make this report anytime within that window. The threat dosent expire when the relationship ends. It hangs over you for years after you last saw them.

Why Your Ex Might Also Be in Trouble

Heres something your ex probly hasnt considered. Theres usually a REASON someone asks another person to buy them a gun.

If your ex was a prohibited person – felony conviction, domestic violence restraining order, drug user, illegal immigration status, dishonorable discharge, mental health adjudication – then recieving that straw-purchased firearm was also a federal crime. Felon in possession under 18 USC 922(g) carries up to 15 years.

Think about what this means. Your ex is threatening to report you. But if they were prohibited from owning firearms, any report they make exposes there own criminal conduct. They cant explain how they got the gun without admitting they illegally recieved it.

See also  NYC Divorce Separation Mediation Lawyers

Even if your ex wasnt prohibited, theres still exposure. Under federal law, its a crime to acquire a firearm through a straw purchase. The recipient is also culpable. ATF dosent just charge the buyer – they charge the person who arranged and recieved the transaction to.

The silence irony is powerful here. Your ex thinks they have leverage by threatening to talk. But anything they tell ATF can be used to investigate THEM. There threatening to pull a thread that might unravel there own legal situation.

Heres what ATF investigators will ask your ex. Why did you need someone else to buy the gun? Why couldnt you buy it yourself? What was your relationship to the firearm after it was purchased? Where is the gun now? These questions are designed to expose the recipients own liability. Your ex walks into that interview thinking theyre a victim reporting a crime. They walk out as a subject of there own investigation.

Federal prosecutors love straw purchase cases becuase both parties have criminal exposure. They can play you against each other. Offer one person a deal to testify against the other. The dynamic that worked in your relationship – trust, loyalty, mutual interest – gets weaponized by the federal system. The prosecutors job is to turn partners into adversaries.

And heres another consideration. What happened to the gun? If its still in your exs possession, thats ongoing evidence of them possessing a straw-purchased firearm. If they sold it, transferred it, or gave it away, those are additional potential crimes. The gun’s journey after the purchase creates liability for everyone who touched it.

The Extortion Question

Your ex is threatening to report you unless you give them something. Money. Property. Custody concessions. Whatever they want. This raises a serious question.

Under federal law – 18 USC 873 – threatening to inform against someone in exchange for something of value is a crime. Its called compounding. State laws have similar provisions, often called extortion or blackmail. The act of using a criminal threat as leverage is itself illegal.

Think about the double exposure paradox. Your ex is threatening to report you for a crime – but the act of threatening unless demands are met is ALSO a crime. Both of you have criminal exposure. Theyre trying to use your crime as leverage, but the leverage itself is criminal.

This creates a complicated situation. The evidence of there extortion is also evidence of your straw purchase. The texts where they threaten to report you prove both there extortion AND your underlying crime. Everything that establishes one offense establishes the other.

Now, heres the uncomfortable truth. The extortion angle dosent eliminate your straw purchase liability. Even if your ex is convicted of extortion, you still committed a federal felony. The fact that they threatened you illegally dosent make your crime go away. Both of you can face charges. Both of you can go to prison.

But the extortion angle matters for another reason. It affects your exs credibility as a witness. If there motivations for reporting are tainted by extortion, that undermines there testimony. A federal defense attorney can use this to challenge the government’s case.

Defenses That Don’t Work

People in your situation always think theres a defense. Let me explain why the common defenses fail.

“I was just helping my partner.” Dosent matter. The crime is the false statement on the form. Your relationship and your motivations are irrelevant to whether you lied on Form 4473.

“My ex is lying about some of this.” Maybe. But ATF dosent need your exs testimony to convict you. They need documentary evidence – the 4473, text messages, bank records, photos. Your ex might lie about details, but the core evidence exists independently of there credibility.

“I didnt know it was illegal.” Ignorance of the law is not a defense. The warning is right on the form. Courts assume you read what you signed.

“My ex coerced me into doing it.” You might feel like a victim. But you still filled out the form. You still made the false statement. Coercion might affect sentencing, but it dosent eliminate the crime.

“The gun was never used in any crime.” Dosent change the offense. The crime was complete when you made the false statement. What happened to the gun afterward is relevant to sentencing enhancements, not to whether you committed straw purchasing.

See also  What Happens At Federal Arraignment?

“My ex is a prohibited person, so theyre more guilty than me.” Thats not how federal law works. Both the buyer and the recipient can be charged. Your exs criminal liability dosent reduce yours.

“They threatened me, so this is extortion, not a legitimate report.” Your exs extortion is a separate crime. It dosent immunize you from the straw purchase charge. Both crimes can be prosecuted independently.

What to Do Right Now

If your ex is threatening to report you for a straw purchase, stop. Do not respond to the threat. Do not negotiate. Do not try to make it go away by giving them what they want.

Every communication with your ex right now is potential evidence. If you acknowledge the purchase in texts, thats evidence. If you try to pay them off, thats evidence. If you threaten them back, thats evidence. Everything you say can and will be used against you.

Heres the cooperation inversion you need to understand. Your ex thinks THEY have leverage over YOU. But in federal cases, the first person to cooperate with investigators often gets the best deal. If you get a lawyer and proactively approach ATF before your ex reports, you potentially flip the dynamic. You become the cooperating witness. Your ex becomes the target.

This is why getting a lawyer immediately matters. A federal defense attorney can evaluate whether cooperation makes sense for your situation. They can contact ATF on your behalf. They can present your version of events in the most favorable light. They can potentially negotiate immunity or reduced charges in exchange for information.

The silence cascade destroys people who dont get legal help. You try to handle this yourself. Your ex reports. ATF contacts you. You try to explain without a lawyer. Your statements have inconsistencies becuase human memory is imperfect. False statement charges get added. Now your facing straw purchase AND lying to federal agents. Your sentence doubles.

Document your exs threats. Save every text message. Screenshot every communication. Note dates and times. This documentation proves the extortion element and undermines your exs credibility as a witness. But do NOT respond to the threats. Just document them.

Do not destroy evidence. Do not delete text messages about the gun purchase. Do not try to wipe your phone. Federal obstruction of justice carries its own prison sentence. If ATF later discovers you destroyed evidence, thats an additional charge that often carries more time than the underlying offense. The cover-up is frequently worse than the crime.

Do not contact the gun store. Do not try to retrieve or alter the Form 4473. Do not ask employees what they remember about your purchase. Any contact with the dealer can be characterized as witness tampering or evidence destruction. The 4473 is a federal document. Attempting to alter it is a serious crime.

Do not talk to your ex about the gun purchase anymore. Any conversation can be recorded. Your ex might already be cooperating with ATF. They might be wearing a wire. Federal agents frequently use cooperating witnesses to gather additional evidence against targets. Assume every word you say to your ex is being recorded and will be played in a courtroom.

The federal conviction rate is 93%. That includes pleas and trials. If you’re charged, the odds are overwhelming that you’ll be convicted. Your only real leverage is cooperation, mitigation, and negotiation – all of which require an attorney.

Your ex thinks they control this situation. They dont. The federal justice system controls it. And the best way to navigate that system is with professional legal help, not by trying to manage your ex or make the threat disappear.

The cost of a federal defense attorney is significant. But its nothing compared to years in federal prison. Your career. Your relationships. Your freedom. Everything youve built can disappear becuase of a gun purchase you made while trying to help someone who now wants to destroy you.

Get a lawyer today. Before you talk to your ex. Before you talk to ATF. Before you make any decisions about how to handle this. Your freedom depends on it.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now