Buying a gun for someone else, or answering a question falsely on the federal firearms form, can be a federal felony. Since 2022, federal law has a specific straw purchasing statute, 18 U.S.C. § 932, carrying up to 15 years, and lying on ATF Form 4473 has long been charged under 18 U.S.C. § 922(a)(6), with up to 10 years.
This guide explains how these offenses work, why the “actual buyer” question matters so much, and how these cases are defended in the Eastern and Western Districts of Missouri.
The statutes
Is it illegal to buy a gun for someone else?
It can be, in two different ways.
Straw purchasing, 18 U.S.C. 932
Knowingly buying a firearm for, on behalf of, or at the request of another person, knowing or having reasonable cause to believe that person is prohibited from having guns, or intends to use the gun in a felony, terrorism, or drug trafficking, or to pass it to such a person. Up to 15 years, or up to 25 years if the buyer knew or had reason to believe the gun would be used in a felony, terrorism, or drug trafficking.
False statements, 18 U.S.C. 922(a)(6)
Knowingly making a false statement to a licensed dealer that is material to the lawfulness of the sale, or using false identification. Up to 10 years under 18 U.S.C. § 924(a)(2). A separate provision covers false statements in a dealer’s required records.
The form
What questions on Form 4473 lead to charges?
The actual buyer question and the prohibited person questions.
- Are you the actual buyer? The Supreme Court held in Abramski v. United States (2014) that falsely claiming to be the actual buyer is material even when the real buyer could have legally purchased the gun.
- Are you an unlawful user of marijuana or other controlled substances? Marijuana remains federally controlled, so a Missouri marijuana user who answers “no” faces risk, and answering “yes” means the sale is denied.
- Are you under indictment or information for a felony? A person with a pending felony charge must answer yes.
- Have you been convicted of a felony or a misdemeanor crime of domestic violence? Whether an old conviction, an SIS, or an expunged record counts can be a technical question worth answering correctly before filling out the form.
See who is prohibited under federal law and expungement and gun rights.
Gifts
Can I buy a gun as a gift?
Generally, yes, if it is genuinely a gift to someone allowed to have it.
A person who buys a firearm with their own money to give as a bona fide gift is generally the actual buyer. The problem arises when someone else is really paying for or choosing the gun, or when the recipient is prohibited or intends to misuse it. Buying for a person you know or have reason to believe is a felon, a drug user, or under a protective order can be a straw purchase under § 932.
Defenses
How do you defend a straw purchase or 4473 charge?
Knowledge, intent, and what the buyer actually understood.
- Knowledge. Section 932 requires knowledge or reasonable cause to believe the other person was prohibited or intended misuse. Section 922(a)(6) requires a knowingly false statement.
- Genuine gift or own purchase. Evidence of who paid, who chose the gun, and what was intended can show the buyer was the actual buyer.
- Materiality. The false statement must be material to the lawfulness of the sale.
- Interview statements. Many of these cases are built on what the buyer told ATF agents after a trace. What was said, and whether it was accurately recorded, matters.
If agents want to talk, see why lying to agents is its own crime.
FAQ
Straw purchase questions
What is the penalty for a straw purchase?
Up to 15 years under 18 U.S.C. § 932, or up to 25 years when the buyer knew or had reason to believe the gun would be used in a felony, terrorism, or drug trafficking.
What is the penalty for lying on Form 4473?
A material false statement to a licensed dealer under 18 U.S.C. § 922(a)(6) carries up to 10 years.
Is it a straw purchase if the real buyer could legally own a gun?
Falsely claiming to be the actual buyer can still violate § 922(a)(6) under Abramski v. United States, even when the real buyer was eligible. Section 932 specifically targets purchases for prohibited persons or criminal use.
Can a Missouri marijuana user buy a gun?
Federal law treats marijuana users as prohibited, and the form asks directly. Constitutional challenges are developing, but answering falsely creates serious risk.
What happens when ATF traces a gun back to me?
Agents often contact the original buyer to ask how the gun left their possession. Talk to a lawyer before answering those questions.
See our federal criminal defense page, or call 573-638-8529.
Talk to us
If ATF calls, call us first.
If agents are asking about a gun you bought, or you have been charged, call 573-638-8529 before you answer questions.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about federal firearm law as of October 2026, not legal advice, and it does not create an attorney-client relationship.
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