Prohibited Persons and Straw Purchases
Who is prohibited from purchasing firearms under federal law, and what constitutes a straw purchase.
Federal law establishes specific categories of persons who are prohibited from purchasing, receiving, possessing, or transporting firearms or ammunition. Knowingly transferring to a prohibited person is also a federal crime.
Categories of prohibited persons (18 U.S.C. § 922(g))
- Persons convicted of a crime punishable by imprisonment for more than one year (felony)
- Fugitives from justice
- Unlawful users of controlled substances or those addicted to controlled substances
- Persons adjudicated as mental defectives or committed to a mental institution
- Illegal aliens
- Persons who have renounced U.S. citizenship
- Persons dishonorably discharged from the military
- Persons subject to certain domestic restraining orders
- Persons convicted of domestic violence misdemeanors
- Persons indicted for a felony (cannot receive; may possess)
What is a straw purchase?
A straw purchase occurs when one person (the straw purchaser) acquires a firearm on behalf of another person (the actual buyer). It doesn't matter whether the actual buyer is prohibited — even if both parties are legally eligible, the false statement on the 4473 makes it a crime.
Common straw purchase scenarios: a prohibited person asks a friend to buy a gun for them; a domestic violence offender asks their partner to legally purchase; someone buys a firearm for a minor child.
Consequences
Both the straw purchaser and the person who receives the firearm can face federal charges. Straw purchases carry up to 10 years imprisonment under 18 U.S.C. § 922(a)(6) for the false statement, plus possible additional charges.
GatSwap's identity verification and FFL requirement significantly reduce straw purchase risk, since every trade is tied to the buyer's verified identity and goes through a 4473.