15. STRAW PURCHASES
Questions have arisen concerning the lawfulness of firearms purchases from
licensees by persons who use a "straw purchaser" (another person) to acquire
the firearms. Specifically, the actual buyer uses the straw purchaser to exe-
cute the Form 4473 purporting to show that the straw purchaser is the actual
purchaser of the firearm. In some instances, a straw purchaser is used be-
cause the actual purchaser is prohibited from acquiring the firearm. That is to
say, the actual purchaser is a felon or is within one of the other prohibited cate-
gories of persons who may not lawfully acquire firearms or is a resident of a
State other than that in which the licensee's business premises is located.
Because of his or her disability, the person uses a straw purchaser who is not
prohibited from purchasing a firearm from the licensee. In other instances,
neither the straw purchaser nor the actual purchaser is prohibited from acquir-
ing the firearm.
In both instances, the straw purchaser violates Federal law by making
false statements on Form 4473 to the licensee with respect to the identity of
the actual purchaser of the firearm, as well as the actual purchaser's residence
address and date of birth. The actual purchaser who utilized the straw pur-
chaser to acquire a firearm has unlawfully aided and abetted or caused the
making of the false statements. The licensee selling the firearm under these
circumstances also violates Federal law if the licensee is aware of the false
statements on the form. It is immaterial that the actual purchaser and the straw
purchaser are residents of the State in which the licensee's business premises
is located, are not prohibited from receiving or possessing firearms, and
could have lawfully purchased firearms from the licensee.
An example of an illegal straw purchase is as follows: Mr. Smith asks Mr.
Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the
money for the firearm. If Mr. Jones fills out Form 4473, he violates the law by
falsely stating that he is the actual buyer of the firearm. Mr. Smith also violates
the law because he has unlawfully aided and abetted or caused the making of
false statements on the form.
Where a person purchases a firearm with the intent of making a gift of the
firearm to another person, the person making the purchase is indeed the true
purchaser. There is no straw purchaser in these instances. In the above exam-
ple, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith
as a birthday present, Mr. Jones could lawfully have completed Form 4473.
The use of gift certificates would also not fall within the category of straw pur-
chases. The person redeeming the gift certificate would be the actual purchaser
of the firearm and would be properly reflected as such in the dealer's records.