I Bought Guns for Someone Who Paid Me Cash – Straw Purchase Charges

I Bought Guns for Someone Who Paid Me Cash – Straw Purchase Charges

Someone asked you to buy them a gun. Maybe they were busy. Maybe they didnt have a car. Maybe they just didnt want to deal with the paperwork. You went to the gun store, filled out the forms, passed the background check, and bought the gun. They paid you back in cash. Seemed simple enough. You were just helping out.

Here’s the federal government’s view of what happened. You committed a federal felony. The moment you checked “yes” on Question 21.a of the ATF Form 4473 – “Are you the actual transferee/buyer of the firearm?” – while buying a gun for someone else, you broke federal law. It dosent matter that you passed the background check. It dosent matter that the other person could have passed there own background check. It dosent matter that the gun was never used in a crime. The crime was the lie on the form. And now your facing up to 15 years in federal prison.

The Bipartisan Safer Communities Act of 2022 created a new federal statute – 18 USC 932 – specificaly targeting straw purchases. Before that law, prosecutors used false statement charges under 18 USC 922(a)(6), which carried up to 10 years. The new law increased penalties and made straw purchasing its own distinct federal crime. Since October 2023 when the law fully took effect, over 250 defendants have been charged under these provisions.

That cash payment you recieved? Thats not reimbursement. Thats evidence of trafficking.

Most people who end up facing straw purchase charges never saw themselves as gun traffickers. They saw themselves as doing a favor. Helping out a friend. Making things convenient for someone. The federal government sees it very differently. To them, you were a link in a firearms distribution chain – and now your the weak link they can prosecute.

What You Actually Did (The Legal Reality)

Let me explain exactly what happened from a legal perspective, becuase most people dont understand how this works until there already in trouble.

When you walked into that gun store, you filled out ATF Form 4473. This is the federal form required for every firearm purchase from a licensed dealer. Question 21.a asks: “Are you the actual transferee/buyer of the firearm(s) listed on this form?”

Heres what the form actually says in the warning below that question. You are not the actual buyer if you are acquiring the firearm on behalf of another person. If you are not the actual buyer, the licensee cannot transfer the firearm to you.

When you checked “yes” while buying for someone else, you made a false statement on a federal form. That single checkmark is the federal crime.

This is the part that shocks most people. The other person might be completly legal to own firearms. They could have walked into that same store, filled out the same paperwork, passed the same background check, and bought the same gun. Dosent matter. You still committed a federal felony.

The Supreme Court settled this in Abramski v. United States. Bruce Abramski was a former police officer. He bought a gun for his uncle in another state. Neither man was prohibited from owning firearms. The uncle was perfectly legal. Abramski later transferred the gun through a licensed dealer in the uncles state, following all the proper procedures.

Didnt matter. Supreme Court upheld the conviction. The crime was lying on the form, not whether the ultimate recipient was legal.

This is what makes straw purchase charges so dangerous. You might have done everything else correctly. You passed your background check honestly. The gun was transferred through proper channels. The recipient was legal. None of that matters. The single question about whether you were the actual buyer – that’s where the federal crime occured. One checkmark. 15 years.

Why the Cash Changes Everything

That cash payment you recieved transforms how prosecutors view this case.

You probly thought of it as reimbursement. You spent $500 on a gun for your friend, they gave you $500 back. No profit. Just getting your money back. What’s the big deal?

Heres the big deal. Federal prosecutors dont see reimbursement. They see a commercial transaction. They see money changing hands for firearms. They see evidence that you were functioning as an unlicensed dealer – facilitating firearms transfers for payment.

The federal sentencing guidelines treat any payment as an aggravating factor. Even $20 for gas money. Even buying you lunch as a thank you. Any value exchange gives prosecutors ammunition to argue this wasnt just a favor gone wrong – this was trafficking.

And heres what makes the cash particularly dangerous. It creates a paper trail. If you deposited that cash, your bank has records. If you spent it at stores, theres transaction data. If you paid bills with it, those records exist. ATF can subpoena all of it. That cash payment you thought was private becomes documented evidence of the transaction.

OK so think about what this means for your situation. The cash dosent prove you were trafficking in the sense of running guns to criminals. But it absolutely proves there was a transaction. It proves you recieved something in exchange for the firearm. It destroys any argument that this was a genuine gift or favor with no strings attached.

The cash also makes forfeiture more likely. Under federal law, prosecutors can seek forfeiture of property derived from gun trafficking. That includes not just the firearms themselves but any proceeds from the trafficking. If you made any money – even break-even money – on these transactions, those funds can be subject to forfeiture.

The Federal Penalties You’re Facing

Let me be completly direct about whats at stake. Federal straw purchase penalties are severe and have gotten worse.

Under 18 USC 932 (the new straw purchase statute), your facing up to 15 years in federal prison and fines up to $250,000. If the government can prove you knew or should have known that 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) – still applies and is often charged alongside the new law. Thats up to 10 years. Prosecutors stack charges. You could face both statutes for the same conduct.

Heres what changed after 2022. Before the Bipartisan Safer Communities Act, first-time straw purchasers sometimes got probation or home confinement. Judges had more flexibility. The guidelines were softer.

Not anymore. Now first-time offenders are commonly getting 48 to 60 months. Four to five years in federal prison for people who have never been arrested before. The law changed and so did the sentencing culture.

And remember – federal prison has no parole. None. You serve at least 85% of whatever sentence the judge gives you. A 5-year sentence means over 4 years in a federal facility. This isnt state court where you might serve half your sentence with good behavior. Federal time is real time.

The sentencing enhancements compound quickly. Multiple firearms? Add sentencing levels. Prohibited persons involved? Add levels. Any organization or leadership role? Add levels. A base offense level of 14 can quickly become 20 or higher once enhancements stack up.

Theres also crime gun linkage to worry about. If any firearm you purchased is later recovered at a crime scene – even if you had no idea it would be used in a crime – that can dramatically increase your sentence. If its recovered within 90 days of your purchase, prosecutors will argue the short time-to-crime proves you knew or should have known what was happening. Crime gun linkage can effectively double your sentence.

What ATF Already Knows

If ATF is investigating you for straw purchasing, they probly already have significant evidence. Heres what there likely looking at.

First, there looking at time-to-crime. This is the time between when a gun was purchased and when it was used in a crime or recovered from a prohibited person. If you bought a gun and it showed up at a crime scene within weeks or months, thats a major trafficking indicator. Short time-to-crime is one of the biggest red flags ATF uses to identify straw purchasers.

Second, there looking at purchase patterns. Did you buy multiple guns around the same time? Did you buy the same model repeatedly? Did guns you purchased end up with different people? Each pattern suggests distribution rather than personal use.

Third, there following the guns. Every firearm you purchased is traced when it gets recovered. If multiple guns you bought ended up in criminal hands, ATF sees a pattern. Each trace that leads back to you strengthens there case.

Fourth, there talking to people. The person you bought for might already be cooperating. There might be other witnesses. Someone might be wearing a wire. ATF uses confidential informants extensively in trafficking cases.

Fifth, there pulling records. Text messages, social media, bank records, phone records. Any communication about the purchase. Any financial record showing payment. All of it gets subpoenaed and analyzed.

The investigation timeline is important to understand. ATF dosent contact you at the beginning of an investigation. They contact you near the end. By the time you hear from them, theyve typically spent months gathering evidence. Theyve traced the guns. Theyve interviewed the people who ended up with them. Theyve pulled your financial records. They already know most of the answers to the questions theyre going to ask you.

When they do contact you, theyre not asking questions to learn information. Theyre testing your answers against evidence they already have. Every inconsistency between what you say and what they know becomes proof of deception.

The Cases That Show What Happens

Let me tell you about some actual cases so you understand what your facing.

In Kansas City, three men were charged after the Super Bowl rally mass shooting in February 2024. Investigators traced the guns used in the shooting back to straw purchases. One defendant had purchased 40 firearms over nine months, including 33 AR-15 receivers. The charges include conspiracy to traffic firearms, engaging in firearms sales without a license, and 10 counts of making false statements on federal forms.

In Burnsville, Minnesota, three first responders were killed responding to a domestic call. The shooter used firearms obtained through straw purchases, including an AR-15 lower receiver. The straw purchaser faces federal charges. In Minnesota alone, at least eight people have gone to prison for straw purchasing in the last two years, with sentences ranging from two to five years.

And then theres the Abramski case I mentioned. Former police officer. Bought a gun for his uncle. Both parties were legal to own firearms. No crime was committed with the gun. The transfer was even done through a licensed dealer in the uncles state. Still convicted. Supreme Court upheld it. The crime was the lie on the form – nothing else.

Look at what Abramski tried to argue. He said the transfer was completly legal – which it was. He said both parties passed background checks – which they did. He said the gun was never used for anything illegal – which was true. None of it mattered. The Supreme Court ruled 5-4 that the crime was the false statement at the time of purchase. Everything that happened afterward was irrelevant. Justice Kagan wrote that the purpose of Form 4473 is to allow ATF to know who is actually receiving guns. When you check “yes” while buying for someone else, you defeat that purpose. Thats the crime.

Thats the standard. The lie itself is the federal felony. Everything else – who got the gun, whether they were legal, whether it was ever used in a crime – is irrelevant to whether you committed the offense.

Defenses That Don’t Work (And Why)

People facing straw purchase charges always think there’s a defense. Let me explain why the common defenses fail.

“I didnt know it was illegal.” Ignorance of the law is not a defense to federal crimes. The Form 4473 explicitly warns about straw purchases in the question itself. The warning is right there. Courts assume you read what you signed.

“I didnt intend to break the law.” Dosent matter. The crime is making a false statement. Either you were the actual buyer or you werent. Your intentions about whether you knew it was illegal are irrelevant to whether you lied.

“The other person was legal to own guns.” Dosent matter. Abramski proved that definitively. The crime is the false statement, not whether the ultimate recipient was prohibited.

“I was just doing someone a favor.” This might affect your sentence, but it dosent change whether you committed the crime. You still lied on the form. You still transferred the firearm. The favor argument is sympathetic but not exculpatory.

“They manipulated me into doing it.” You might feel like a victim. But to ATF, your the trafficker. The person who asked you to buy might be an unindicted co-conspirator who gets used as a witness against you. Your the one who filled out the form. Your the one who lied. And heres the thing that makes this worse – the person who manipulated you might already be cooperating with investigators. They might be telling ATF everything about your transaction to reduce there own exposure. Your feeling like a victim while theyre using your name to build there defense.

“I thought it was just a one-time thing.” Prosecutors hear this constantly. Every straw purchaser says they were just helping someone once. The frequency of this excuse has made federal prosecutors deaf to it. They dont care about your intentions. They care about the false statement on the form and the firearms that moved through your hands.

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

What to Do Right Now

If your under investigation or have been contacted by ATF about straw purchases, stop. Do not talk to anyone without a lawyer present.

When ATF contacts you – by phone, at your door, or through a letter – say this: “I want to cooperate, but I need to speak with an attorney first. Please leave your contact information and my lawyer will reach out.”

Then stop talking. Dont try to explain. Dont try to minimize. Dont answer “just a few quick questions.”

Every word you say to federal agents is being evaluated for inconsistencies. Every statement gets compared to evidence you havent seen. If your memory of events differs from text messages they already have, thats evidence of deception. If you deny things they can prove, thats additional false statement charges.

A federal defense attorney can do things you cant. They can contact ATF and determine whats actually being investigated. They can review evidence through proper legal channels. They can negotiate on your behalf if charges are being considered. They can challenge the government’s evidence and argue for reduced charges or sentences.

Timing matters enormously in these cases. The earlier you get a lawyer involved, the more options exist. Before charges are filed, a lawyer can potentially convince prosecutors that you were a naive participant rather than a knowing trafficker. They can present mitigating evidence. They can negotiate pre-charge diversion in some cases. Once your indicted, your options narrow dramaticaly. The federal system is not designed for acquittals – its designed for guilty pleas.

The cost of a federal defense attorney is significant. But its nothing compared to the cost of federal prison. Years of your life. Your career destroyed. Your relationships strained or broken. The stigma of a federal felony conviction follows you forever. Employment becomes difficult. Housing applications ask about felonies. Professional licenses get revoked. Everything youve built can disappear becuase you thought you were doing someone a simple favor.

And heres what most people dont consider. If you have children, a federal conviction means years away from them. Federal facilities are often hundreds of miles from home. Visitation is limited. Phone calls are expensive and monitored. Your trying to maintain relationships through glass partitions and 15-minute calls. This is the reality of federal prison time.

The federal conviction rate is 93%. That includes pleas and trials. The government only brings cases there confident they will win. If your being investigated, you need professional help navigating this system.

That gun purchase you thought was just helping someone out? It might have been a federal felony. The cash that seemed like simple reimbursement? It might be evidence of trafficking. But what happens from here depends on how you handle it.

Get a lawyer. Today. Before you make things worse by talking.