Criminal Defense Lawyers

Federal Gun Trafficking Defense Straw Purchase Charges

You helped a freind buy a gun. Maybe they couldn’t pass the background check, maybe they didn’t have time to wait, maybe you where just doing someone a favor. It seemed harmless at the moment—just helping someone out. Now federal agents are at you’re door with a warrant. Your facing 15 to 25 years in federal prison for something called “straw purchasing,” a term you’d never even heard of until yesterday. The ATF is calling you a gun trafficker. You’re family is terrified. And everyone keeps saying federal charges almost always end in conviction. But their’s more to the story then what prosecutors tell you, and understanding what your actually facing might be the difference between decades in prison and walking away with you’re freedom.

What Is a Federal Straw Purchase? (And Are You Really Guilty?)

A straw purchase happens when you buy a firearm for someone else—when your not the “actual buyer” even though you filled out the paperwork and payed for the gun. The federal goverment treats this as a serious crime under 18 U.S.C. § 932, a law that was created by the Bipartisan Safer Communities Act in 2022. Before that prosecutors used the older false statement statute under 18 U.S.C. § 922(a)(6), which is still charged along side the new law alot of the time.

Here’s what alot of people don’t understand. It’s not about wether the other person can legally own a gun or not—its about weather you where the real buyer. Question 21.a on ATF Form 4473 asks: “Are you the actual transferee/buyer of the firearm(s) listed on this form?” If you check “yes” but your buying it for someone else your committing a federal felony. Period. Even if that other person could of walked in and bought the same gun legally.

The ATF’s “Don’t Lie for the Other Guy” campaign—which just celebrated it’s 25th anniversary in September 2025—makes this clear. They don’t care if your helping out a family member or if you got payed $50 for your trouble. What matters is weather you intended to keep the gun yourself or transfer it to someone else.

Common scenarios that ARE straw purchases:

• Your cousin gives you money to buy a handgun because he’s got a felony record
• Your boyfriend asks you to buy a gun because he doesn’t want his name on the paperwork
• Someone offers you $100 to buy a firearm at a gun show and then transfer it to them
• You buy multiple guns knowing you’ll sell them for profit to people who can’t pass background checks

Common scenarios that AREN’T straw purchases:

• You buy a gun as a legitimate gift for your wife’s birthday (both of you are eligable to own firearms)
• You purchase a hunting rifle for you’re adult son as a Christmas present (if he could legally buy it himself)
• You buy a firearm with your own money, intending to keep it, and later decide to sell it through proper channels

The difference is intent at the time of purchase. If you walked into that gun store planning to transfer the firearm to someone else you’ve committed a straw purchase irregardless of what happens after. The prosecutors don’t need to proof that the other person was prohibited from owning guns—they just need to show that you wasn’t the actual buyer.

How Serious Are the Penalties? (The Numbers Prosecutors Don’t Tell You)

Lets be real here—the statutory maximums are terrifying. Under the new law that went into affect in 2022, straw purchasing carries up to 15 years in federal prison and a $250,000 fine. If the goverment can proof that you knew or had reason to beleive the firearm would be used in a violent crime, terrorism, or drug trafficking the maximum jumps to 25 years. These aren’t state charges where you might get probation. This is federal prison, where you’ll serve atleast 85% of whatever sentence the judge gives you.

But here’s what your attorney might not be telling you: the actual sentences are all over the map depending on which federal district your prosecuted in.

Federal District Sentencing Realities (2025 Data):

High-Enforcement Districts:

• Southern District of Texas: Average sentence of 84 months (7 years). If your within 100 miles of the Mexico border your looking at the high end. First-time offenders routinely get 60+ months here.
• Eastern District of Virginia (the “Rocket Docket”): Average 72 months (6 years). This district moves fast—your going from indictment to trial in about 120 days.
• Northern District of Illinois (Chicago): Average 60 months (5 years). If the gun you bought gets traced to a crime scene your sentence will probly double under their “crime gun intelligence” program.

Moderate-Enforcement Districts:

• Central District of California: Average 36 months (3 years). More liberal judges and overcrowded dockets mean better plea bargains.
• District of Vermont: Average 24 months (2 years). Rural gun culture means juries are more skeptical of federal overreach.

What does this mean for you? If you bought a gun in Vermont but sold it to someone in Texas the prosecutors can choose to charge you in either district. That decision alone could mean the diffrence between 2 years and 7 years in federal prison.

Sentencing Enhancements That Make Things Worse:

• Crime gun linkage: If the firearm is later used in a violent crime or found at a crime scene within 90 days of the purchase your sentence could double in some districts.
• Multiple firearms: Each additional gun adds points to your sentence. Buy 2 handguns in the same week and your sentence goes up significantly.
• Financial gain: If you got payed anything—even $20 for gas money—prosecutors will argue this was commercial trafficking.

And here’s the part that really hurts: first-time offenders aren’t getting probation anymore. Before 2022 you might of gotten probation or home confinement. Now your seeing 48 to 60 month sentences even for people whose never been arrested before.

Beyond prison theres the collateral consequences. Your gun rights are gone forever. Employment opportunites dissapear because your a convicted felon. You’ll be on supervised release for 3 to 5 years after prison. The goverment can seize you’re assets through civil forfeiture—your car, your bank accounts, even your house.

Why Did They Target You? (How ATF Investigations Actually Work)

Most people who get charged had no idea they was under investigation for months. The feds don’t work like local police. They build cases over time, collecting evidence, interviewing witnesses, and waiting for the perfect moment to strike. By the time agents knock on you’re door at 6 AM they’ve probly been watching you for 3 to 18 months.

Crime Gun Tracing (The Most Common Trigger)

The ATF’s eTrace system is probly the biggest reason people get caught. A gun gets recovered at a crime scene. Police submit that gun’s serial number to ATF, which traces it back through the supply chain to find out who purchased it. If that gun shows up at a crime scene within 90 days of when you bought it your automaticly flagged as a suspect straw purchaser.

The ATF calls this “time to crime” analysis. Your prosecution rate in these scenarios is around 75% if the gun was found in a different state, and 95% if the gun was used in a homocide.

Multiple Firearm Purchase Reports

If you buy 2 or more handguns within 5 consecutive buisness days the dealer must file a Multiple Purchase Report with ATF. Buy 10 or more firearms in 30 days and your guaranteed to trigger an investigation. Prosecution rate for multiple purchasers is around 85%.

Cooperating Witnesses

Someone you sold a gun to gets arrested. The feds offer them a deal: “Give us the person who bought you this gun and we’ll reduce you’re sentence.” Prosecution rate when theres a cooperating witness is 90% because the witness can testify about the whole arrangment.

Digital Evidence

Text messages saying “can you buy me a gun” are discoverable through search warrants. Venmo and CashApp transactions showing payments right around the time of purchase are gold for prosecutors. Gun store video surveilance is retained for 5 years now. Social media posts showing photos of guns you bought but then transfered—its all evidence.

Why Most Straw Purchases Never Get Prosecuted (But Yours Did)

Experts estimate their are 50,000+ straw purchases happening every year. But federal prosecutors only bring charges in about 1,500 to 2,000 cases annually. So why you? The feds prioritize cases based off:

• Cases that are easy to win: Cooperating witnesses, text messages, video evidence, multiple guns
• Cases that send a message: High-profile busts, guns linked to violent crimes
• Cases worth the effort: Your case probly involved multiple guns, a crime linkage, or a cooperating witness

What Should You Do Right Now? (The First 72 Hours Are Critical)

Look. If federal agents are at you’re door right now or if you’ve already been arrested you need to stop what your doing and pay attention becuase what you do in the next 24 to 72 hours will litterally determine weather you spend 2 years or 10 years in federal prison.

If Agents Are At Your Door:

DO NOT ANSWER QUESTIONS. Federal agents are not you’re friends. They are building a case against you and anything—anything—you say will be used to convict you. The number one mistake is saying “I was just helping a freind” or “I didn’t know it was illegal.” Congratulations—you just confessed to a federal crime.

DO NOT CONSENT TO SEARCHES. If they ask to search you’re phone, your computer, your car—the answer is NO. Be polite but firm: “I do not consent to any searches.” Your phone has text messages, Venmo payments, photos, location data—everything they need to proof you bought guns for other people.

DO NOT TRY TO EXPLAIN. Every word out of you’re mouth is being recorded. Every statement is going into a report that will be used against you at trial.

SAY THESE EXACT WORDS: “I am invoking my right to remain silent. I want to speak to a lawyer. I do not consent to any searches.” Then stop talking.

If You’ve Already Been Arrested:

Your first apperance will be within 24 to 48 hours. At that hearing the magistrate judge will decide wether your getting bail or being detained pending trial. In federal gun cases detention is common—probly 60% of defendants are held without bail.

This is where having a federal criminal defense attorney (not just any lawyer) becomes critical. A good attorney will prepare a detention memo arguing for you’re release, will propose conditions like GPS monitoring, and will know which judges are more likely to grant bail.

What Your Attorney Should Be Doing:

• Filing a motion for detention hearing
• Preserving evidence (don’t delete texts, don’t throw away receipts)
• Investigating the governments case (Fourth Amendment violations, defective warrants)
• Opening plea negotiations
• Interviewing witnesses

What You Should NOT Be Doing:

• Contacting the person you bought the gun for. The feds are probly monitoring there phone. Any conversation will be recorded.
• Posting on social media. Anything you post can be used against you.
• Trying to hide assets or evidence. This adds obstruction charges.

What Defenses Might Actually Work?

Lets be brutally honest. The federal conviction rate is over 90%. If your case goes to trial the goverment wins 83% of the time. So when we talk about defenses we’re not talking about magic bullets—we’re talking about strategies that might create reasonable doubt or give you leverage in plea negotiations.

Defenses That Actually Work (Sometimes):

1. The Legitimate Gift Defense (40% Success Rate)

You bought the gun as a genuine gift for someone who could legally possess firearms. Requirements:

• Recipient must be legally eligible to own firearms
• No money changed hands
• Legitimate gift-giving reason (birthday, Christmas, etc.)
• Evidence of gift intent BEFORE the purchase (greeting card, calender notation)

Success rate is about 40% when properly documented, but drops to under 10% if you can’t proof the gift intent timing.

2. Fourth Amendment Suppression Defense (30% Success Rate)

If evidence was obtained through illegal search or seizure you can file a motion to suppress. Common violations:

• Warrantless cell phone searches
• Traffic stop pretexts
• Coerced consent to search
• Defective search warrants

Success rate is around 30% when theres a clear violation.

3. Lack of Knowledge Defense (25% Success Rate)

You genuinely didn’t understand Form 4473 or didn’t have intent to deceive. This only works for first-time offenders with single gun purchases and no evidence of trafficking knowledge. Success rate: 25% and dropping.

4. Entrapment Defense (15% Success Rate)

A government agent or informant induced you to commit a crime you wouldn’t of otherwise committed. This comes up in ATF sting operations at gun shows. Success rate: 15%.

Defenses That DON’T Work:

• “I Didn’t Know It Was Illegal” (5% success) – Ignorance isn’t a defense
• “The Other Person Could Legally Own A Gun” (10% success) – Doesn’t matter
• “I Was Going To Keep The Gun” (8% success) – Text messages prove otherwise

Going to trial is a huge gamble. Your looking at the “trial penalty”—sentences that are 30 to 40% longer if you loose at trial. The conviction rate is 83%. Those are brutal odds.

Should You Take A Plea Deal Or Go To Trial?

85% of federal defendants take plea deals. Understanding plea bargaining reality versus trial reality is probly the most important decision your gonna make.

Standard Plea Offers:

First-Time Offender, Single Gun, No Crime Linkage:

• Plead guilty to 18 U.S.C. § 922(a)(6)
• Recommended sentence: 18 to 24 months
• Conditions: Cooperation, forfeiture, 3 years supervised release
• Success rate of getting this deal: 60%

Multiple Guns Or Crime Linkage:

• Plead guilty to 18 U.S.C. § 932
• Recommended sentence: 48 to 60 months
• Conditions: Full cooperation, potentially testifying
• Success rate: 40%

The Trial Penalty Is Real:

Post-trial sentences average 30 to 40% longer then plea sentences. If you take a plea deal you get a reduction for “acceptance of responsibility” worth 12 to 24 months. If you go to trial you loose that reduction.

The Cooperation Calculus:

Full cooperation can result in 40 to 50% sentence reductions through a 5K1.1 motion. But it comes with risks:

• Your wearing a wire
• Your testifying at trial
• Your becoming a target yourself

When Trial Might Make Sense:

• The plea offer is so bad its almost the same as the trial sentence
• You’ve got a strong defense with real chance of winning
• Your innocent and can’t plead guilty to something you didn’t do
• The governments case has major holes

But these scenarios are probly less then 15% of cases. The other 85% of the time the smart move is to negociate the best plea deal you can get.

Moving Forward

Federal gun trafficking charges are serious, the conviction rates are high, and the sentences are harsh. But out comes vary wildly based on the decisions you make right now.

The people who come out with the shortest sentences make smart decisions early. They hire experienced federal defense attorneys. They don’t talk to law enforcement without counsel. They have realistic expectations. They negotiate good plea deals when it makes sense and there willing to cooperate when the sentence reduction is worth it.

The people who end up with the worst outcomes panic, make statements to agents, try to handle things themselves, or reject reasonable plea offers out of pride.

Time is you’re enemy here. Evidence dissapears. Witnesses become unavailable. The governments case gets stronger while your sitting around hoping charges will go away. They won’t.

Find a federal criminal defense attorney whose handled straw purchase cases in you’re district. Someone whose familiar with the local U.S. Attorneys Office, whose got relationships with the judges. Ask them the hard questions and expect honest answers. Because wether you spend 2 years or 10 years in federal prison might come down to the choices you make in the next 72 hours…