Firearms trafficking, straw purchases and false statements to gun dealers

What does the law make illegal?

When someone buys a gun from a licensed dealer, they fill out ATF Form 4473 and the dealer runs a background check. The form asks whether the person at the counter is the "actual buyer." Several federal laws protect that process.

Lying to a gun dealer, 18 U.S.C. § 922(a)(6)

It is a crime, when buying or trying to buy a gun or ammunition from a licensed dealer, importer, manufacturer or collector, to knowingly make a false statement or show false identification that is intended or likely to deceive the dealer about any fact material to whether the sale is lawful (18 U.S.C. § 922(a)(6)). The maximum is 10 years (§ 924(a)(2)).

In Abramski v. United States, 573 U.S. 169 (2014), the Supreme Court held that lying about who the actual buyer is counts as material, even when the real buyer could have bought the gun legally. Abramski bought a gun for his uncle, who was not prohibited, and checked "yes" to the actual-buyer question. His conviction was upheld. The Court also quoted the form's instructions: a person who is legitimately buying a gun as a gift for someone else is the actual buyer.

False statements in dealer records, 18 U.S.C. § 924(a)(1)(A)

It is a separate crime to knowingly make a false statement about information a licensed dealer must keep in its records, such as the answers on Form 4473 (18 U.S.C. § 924(a)(1)(A)). Abramski was convicted under this law too. The maximum is 5 years. Unlike § 922(a)(6), this law doesn't require the lie to be about a fact material to the lawfulness of the sale.

Straw purchasing, 18 U.S.C. § 932

Section 932, added in 2022, makes it a crime to knowingly buy, or conspire to buy, a gun for, on behalf of, or at the request of another person, knowing or having reasonable cause to believe that the other person (18 U.S.C. § 932(b)):

• is barred from receiving a gun under any part of § 922(d), for example because of a felony conviction, a domestic violence conviction or restraining order, or unlawful drug use;
• intends to use, carry, possess, sell or dispose of the gun in furtherance of a felony, a federal crime of terrorism or a drug trafficking crime; or
• intends to pass the gun on to someone in either group.

"Reasonable cause to believe" is a lower bar than actual knowledge: the question is what the facts known to the buyer would lead a reasonable person to believe. A "felony" here includes state felonies (§ 932(a)).

Gun trafficking, 18 U.S.C. § 933

Section 933, also added in 2022, makes it a crime to ship, transport, transfer or otherwise dispose of a gun to another person knowing or having reasonable cause to believe that the recipient's use, carrying or possession of it would be a felony. It is also a crime to receive a gun knowing or having reasonable cause to believe the receipt would be a felony, and to attempt or conspire to do either (18 U.S.C. § 933). A single transfer can be enough; the law doesn't require a business or a large number of guns.

Selling or giving a gun to a prohibited person, 18 U.S.C. § 922(d)

Anyone, not just a dealer, commits a crime by selling or otherwise disposing of a gun or ammunition to a person they know or have reasonable cause to believe is in a prohibited group, such as a person with a felony conviction, a fugitive, an unlawful drug user, or someone under a qualifying restraining order. Since 2022, the law also covers transfers to someone who intends to use the gun in a felony or pass it to a prohibited person (18 U.S.C. § 922(d)). The maximum is 15 years (§ 924(a)(8)).

Dealing in guns without a license, 18 U.S.C. § 922(a)(1)(A)

Only a licensed dealer may be "engaged in the business" of dealing in firearms (18 U.S.C. § 922(a)(1)(A)). Since 2022, that means devoting time, attention and labor to dealing as a regular course of trade or business "to predominantly earn a profit" through repeated buying and reselling of guns. It does not include occasional sales or trades to improve a personal collection or for a hobby, or selling all or part of a personal collection (18 U.S.C. § 921(a)(21)(C)). A violation must be "willful," which means the person knew their conduct was unlawful, though not necessarily that a federal license was required (Bryan v. United States, 524 U.S. 184 (1998)). The maximum is 5 years (§ 924(a)(1)(D)).

Transfers for a felony and cross-border smuggling, 18 U.S.C. § 924(h) and (k)

• § 924(h): knowingly receiving or transferring a gun or ammunition knowing or having reasonable cause to believe it will be used to commit a felony, a federal crime of terrorism, a drug trafficking crime, or certain export and sanctions crimes. Up to 15 years.
• § 924(k): smuggling a gun or ammunition into, or out of, the United States intending to promote a drug trafficking crime, a felony or terrorism. Up to 15 years.

Other gun-sale rules

• A licensed dealer may not sell a handgun to anyone under 21 or any other gun to anyone under 18 (§ 922(b)(1)); a willful violation carries up to 5 years (§ 924(a)(1)(D)).
• Giving a handgun or handgun ammunition to a juvenile (§ 922(x)) carries up to 1 year, or up to 10 years if the person knew or had reason to know the juvenile intended to use it in a crime of violence (§ 924(a)(6)(B)).
• Machine guns (§ 922(o)) and possession by prohibited people (§ 922(g)) are covered on our federal gun charges page. Having a gun in a school zone (§ 922(q)) carries up to 5 years, served after any other sentence (§ 924(a)(4)).

What are the penalties?

• Mandatory minimum: none for these offenses. If a gun is used in a drug or violent crime, a separate § 924(c) charge with a 5-year minimum can apply.
• Fines: up to $250,000 per felony count (18 U.S.C. § 3571); for §§ 932 and 933, up to twice the gross profits if that is more (18 U.S.C. § 934(b)).
• Forfeiture: a person convicted under § 932 or § 933 must forfeit proceeds and property used to commit the offense (18 U.S.C. § 934(a)); guns and ammunition involved in these offenses can be forfeited (§ 924(d)).
• Supervised release: up to 3 years for most of these felonies, and up to 5 years for a 25-year straw purchase (18 U.S.C. §§ 3559(a), 3583(b)).
• Gun rights: a felony conviction itself makes it illegal to have guns or ammunition afterward (§ 922(g)(1)).

How does sentencing work for this charge?

These offenses are sentenced under USSG §2K2.1, the same guideline used for gun possession. The base offense level depends on the conviction and the guns:

• Level 14 for a conviction under § 922(d), § 932 or § 933, or under § 922(a)(6) or § 924(a)(1)(A) when the person knew, intended or had reason to believe the gun would go to a prohibited person (§2K2.1(a)(6)).
• Level 20 for the same convictions if the offense involved a semiautomatic gun that can accept a large-capacity magazine, or a National Firearms Act weapon such as a machine gun (§2K2.1(a)(4)(B)).
• Level 12 for most other cases, and higher levels for people with prior felony convictions for a crime of violence or controlled substance offense (§2K2.1(a)).

Common increases and decreases include:

• Number of guns: +2 for 3–7, up to +10 for 200 or more (§2K2.1(b)(1)). Guns obtained by a false statement to a dealer count (Application Note 5).
• Trafficking: +2 for a § 933 receipt, attempt or conspiracy conviction; +2 for transferring a gun knowing or having reason to believe it would go to a prohibited person or someone who would misuse it; +5 for two or more guns going to someone with a prior violent, drug or domestic violence conviction, someone under a criminal justice sentence, or someone who intended to misuse them (§2K2.1(b)(6)).
• Criminal group: +2 more if a trafficking increase applies and the person acted as part of a group of five or more that had crime as a primary purpose (§2K2.1(b)(9)).
• A decrease for some straw buyers: −2 if a trafficking increase applies, the person has no more than 1 criminal history point, and they acted because of an intimate or family relationship, or threats or fear, and were otherwise unlikely to commit the offense, or were unusually vulnerable to being pressured because of a physical or mental condition (§2K2.1(b)(10)).
• Stolen guns or removed serial numbers: +2 or +4 (§2K2.1(b)(4)).
• Guns headed out of the country, or tied to another felony: +4, with a floor of level 18 (§2K2.1(b)(7)).
• Cross reference: if a gun was used or meant to be used in another crime, the guideline for that crime can apply instead, if higher (§2K2.1(c)).

Acceptance of responsibility (USSG §3E1.1) and the zero-point offender decrease (USSG §4C1.1) can also apply.

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see How the federal Sentencing Guidelines work, at Sentencing.net, a Criminal Center site.

How do these cases usually start and move?

Many cases start with a trace. Police recover a gun at a crime scene or from a prohibited person, and ATF traces it through the manufacturer and dealer to the first retail buyer. Others start with dealer records: a licensed dealer must report to ATF when it sells two or more handguns to the same unlicensed person at one time or within five business days (18 U.S.C. § 923(g)(3)(A)). A pattern of purchases, guns recovered soon after purchase, or guns found in another state can lead agents to the buyer.

Agents often start by asking the buyer, often at home and without warning, where the guns are now. Anything said can be used later, and a false answer to an agent is its own crime (18 U.S.C. § 1001). Texts, social media, payment apps and phone location data are common evidence. Straw buyers are often asked to cooperate against the person they bought for, a decision to make with a lawyer.

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• Knowledge and "reasonable cause to believe." For §§ 932, 933 and 922(d), what did the buyer actually know about the other person's record or plans? Rumors are not the same as facts that would lead a reasonable person to believe it.
• Who was the actual buyer? Was the gun a real gift, or a resale the buyer decided on later? Under Abramski, the answer turns on whether someone else was the true buyer at the time of purchase.
• Materiality and the exact answer. For § 922(a)(6), was the statement false, and was it about a fact material to the lawfulness of the sale?
• "Engaged in the business." For unlicensed dealing, were the sales repeated and aimed predominantly at profit, or occasional sales from a personal collection? Was the conduct willful under Bryan?
• Counting. How many guns count for §2K2.1(b)(1), and is the same conduct charged in several counts?
• Trafficking increases. Is there real evidence that the buyer knew or had reason to believe the guns would reach prohibited people or be misused?
• The straw-buyer decrease. Was the person acting out of a family or intimate relationship, or under threats or fear, so that §2K2.1(b)(10) applies?
• Statements and searches. Were statements to agents voluntary, and were phones and accounts searched lawfully?

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.