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Straw purchase

A straw purchase is the illegal procurement of a firearm by an otherwise eligible buyer acting as an intermediary for a prohibited person, such as a convicted felon or domestic violence misdemeanant, thereby evading federal background check requirements and statutory prohibitions on direct transfers to restricted individuals.^[1]^[2] Codified as a distinct federal offense under 18 U.S.C. § 932 through the Bipartisan Safer Communities Act of 2022, it criminalizes knowingly buying or conspiring to buy a gun for transfer to someone reasonably believed to be ineligible or intending its use in felonies, terrorism, or drug trafficking.^[2]^[1] Penalties for straw purchasing include up to 15 years' imprisonment and fines of $250,000, escalating to 25 years if the firearm facilitates predicate crimes, reflecting congressional intent to disrupt pathways for crime guns.^[1] This practice underpins a substantial portion of firearms trafficking, with Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) data from 2017–2021 tracing over 1.4 million crime gun purchases where straw intermediation enabled diversions from legal commerce to illicit markets, often involving interstate movement or sales to unqualified recipients.^[3]^[4] Straw purchases mechanistically amplify risks by arming those statutorily deemed threats, contributing to traced recoveries in homicides, robberies, and gang-related violence, though enforcement challenges persist due to reliance on dealer vigilance and post-crime tracing rather than preemptive detection.^[1] While the term applies more broadly to evasive acquisitions of goods like vehicles or alcohol to skirt regulations, its most stringent legal and societal scrutiny attaches to firearms, where it directly contravenes the Gun Control Act's framework for prohibiting dangerous transfers.^[2]

Definition and Conceptual Foundations

Core Definition

A straw purchase refers to the act wherein an individual, known as the straw buyer, acquires a firearm on behalf of another person who is legally prohibited from purchasing or possessing one, or who wishes to avoid direct association with the transaction. This practice constitutes a federal felony when it involves knowingly circumventing background check requirements or transfer prohibitions under United States law.^[1]^[2] Under 18 U.S.C. § 932, it is unlawful for any person to knowingly purchase, or to conspire to purchase, a firearm affecting interstate or foreign commerce for the purpose of transferring it to an individual prohibited under 18 U.S.C. § 922(g) or (n)—such as felons, fugitives, unlawful drug users, or those adjudicated mentally defective—or for use in a felony, federal crime of terrorism, or drug trafficking offense.^[2] The straw buyer must falsely represent themselves as the actual transferee on ATF Form 4473 during the purchase from a federal firearms licensee, misstating the true intent.^[1] Convictions carry penalties of up to 15 years imprisonment and fines up to $250,000; if the firearm is subsequently used in specified violent or trafficking crimes, the maximum term increases to 25 years.^[1]^[2] While the term occasionally applies analogously to other regulated goods like alcohol purchased for minors, federal criminalization and enforcement focus predominantly on firearms due to their interstate commerce implications and public safety risks.^[1]

Distinction from Legitimate Intermediary Purchases

A straw purchase is characterized by the intermediary's knowing acquisition of a restricted item, such as a firearm, for an ultimate recipient who is legally prohibited from obtaining it directly, often involving a false certification on required forms to evade background checks or other regulatory hurdles. Under federal law, this constitutes a felony, punishable by up to 15 years imprisonment and fines of $250,000, as it violates provisions like 18 U.S.C. § 922(a)(6) prohibiting material falsehoods in firearm transactions.^[5]^[1] Legitimate intermediary purchases, conversely, occur when the purchaser intends the item for an eligible recipient without deception or circumvention of law, such as a bona fide gift funded solely by the purchaser's resources and not directed by the recipient. The ATF delineates this in Form 4473, Question 21.a, where the "actual transferee/buyer" includes those purchasing for themselves or legitimately as a gift to a non-prohibited party, provided no subterfuge exists to avoid legal checks; a gift fails this criterion if the recipient supplies funds or influences the selection to proxy for their own ineligible purchase.^[6]^[7] This boundary is enforced through the absence of prohibited intent: legitimate cases, like spousal or familial transfers to eligible individuals, do not trigger Form 4473's prohibition on proxy buying, whereas straw purchases inherently do by misrepresenting the true transferee. In broader applications beyond firearms—such as vehicles or age-restricted goods—the distinction persists via regulatory compliance, where intermediaries act as authorized agents (e.g., under power of attorney) without evading eligibility rules, unlike straw arrangements designed for illicit possession.^[8]

Historical Context

Early Origins and Common Law Precedents

The concept underlying straw purchases originates in the English common law doctrine of the "straw man," a nominal intermediary used in real property conveyancing to achieve legal effects unattainable through direct transfer. This practice emerged prominently in the 16th century, particularly after the Statute of Uses (1535–1536), which converted equitable uses into legal estates but necessitated workarounds for technical barriers like the inability to deliver seisin to oneself or between spouses due to doctrines of unity.^[9] A grantor would convey title to the straw man—a trusted third party holding bare legal title without beneficial interest—who then reconveyed it in the desired form, such as creating joint tenancies or securing mortgages without breaching common law rules against self-conveyance.^[10] Such arrangements were legitimate civil devices, documented in legal treatises and Chancery proceedings, facilitating transactions amid rigid feudal tenure remnants.^[11] Common law precedents did not expressly prohibit straw man uses in property but scrutinized them for fraud or sham when intended to defraud creditors or evade duties, treating the true intent as piercing the nominal ownership under equity principles.^[11] For instance, courts invalidated reconveyances if the straw man concealed ownership to avoid recording statutes or taxes, applying doctrines akin to resulting trusts to restore beneficial interest to the original party. In the context of prohibited acquisitions, such as arms restricted by early English statutes (e.g., the 1328 Statute of Northampton limiting bearing arms to the peaceable or the 1679 game laws barring lower classes from hunting weapons), facilitation via intermediaries invoked general accessory liability.^[12] Aiding a disqualified person's possession constituted misprision, conspiracy, or abetting a breach of the King's peace, with precedents like those in Star Chamber proceedings holding enablers accountable absent specific statutes.^[12] These principles carried into colonial America, where laws prohibiting certain groups—such as loyalists or enslaved persons—from arms mirrored English restrictions, implying criminality in straw-like procurements through common law aiding doctrines rather than codified bans.^[12] No discrete "straw purchase" tort or crime existed at common law; instead, courts relied on causal complicity in the underlying prohibition, as seen in early American cases piercing fraudulent conveyances to enforce debts or public safety edicts. This foundational framework of nominal agency informed later statutory prohibitions, emphasizing intent to circumvent over the transaction form itself.^[10]

Evolution with Modern Regulations

The federal prohibition on straw purchases of firearms originated with the Gun Control Act of 1968, which made it unlawful to knowingly make false statements or representations in connection with the acquisition of a firearm from a licensed dealer, including misrepresenting the actual transferee on ATF Form 4473. This addressed circumvention of restrictions on prohibited persons, such as felons or those adjudicated mentally defective, by imposing penalties of up to 10 years imprisonment and fines.^[13] The Brady Handgun Violence Prevention Act of 1993 further evolved enforcement by mandating instant criminal background checks through the National Instant Criminal Background Check System (NICS) for dealer sales, heightening the incentive for straw purchases to bypass checks and prompting regulatory emphasis on detecting false Form 4473 certifications. In Abramski v. United States (2014), the Supreme Court upheld the strict interpretation of the straw purchase ban in a 5-4 decision, ruling that even transfers to otherwise eligible recipients constitute illegal straw purchases if the buyer falsely claims intent to keep the firearm rather than transfer it, rejecting arguments that the law applied only to prohibited persons. This clarified that the prohibition under 18 U.S.C. § 922(a)(6) targets the deceptive act itself, not solely the recipient's status, thereby strengthening prosecutorial tools against intermediaries in non-prohibited but undisclosed transfers. The Bipartisan Safer Communities Act of 2022 marked a significant escalation, amending the Gun Control Act to create explicit federal offenses for straw purchasing on behalf of prohibited persons and for firearms trafficking, with enhanced penalties including up to 15 years imprisonment and $250,000 fines for basic straw purchases, escalating to 25 years if the firearm is used in a violent crime. These provisions, including the Stop Illegal Trafficking in Firearms Act, also mandated reporting of multiple handgun sales within five days and expanded NICS data for enhanced vetting, aiming to disrupt networks supplying criminals amid rising gun violence statistics post-2020.^[14] Implementation has included ATF guidance updates and increased prosecutions, with over 1,000 straw purchase cases charged federally by mid-2024.

Legal Framework

Federal Statutes

In the United States, federal prohibitions on straw purchases of firearms primarily stem from the Gun Control Act of 1968 (GCA), codified at 18 U.S.C. § 922, which makes it unlawful for any person to knowingly sell or otherwise dispose of a firearm or ammunition to any person who the seller knows or has reasonable cause to believe is prohibited from receiving or possessing it under federal law.^[5] This provision, at § 922(d), indirectly criminalizes straw purchasing by targeting the transfer to ineligible individuals, with violations punishable by fines and up to 10 years' imprisonment.^[5] Additionally, § 922(a)(6) explicitly prohibits making any false or fictitious oral or written statement or exhibiting any false or fictitious identification intended or likely to deceive a firearms licensee regarding any fact material to the lawfulness of the sale or disposition of a firearm, which courts have interpreted to encompass misrepresenting the actual buyer in a straw purchase scenario.^[5] The U.S. Supreme Court affirmed this interpretation in Abramski v. United States (2014), ruling 5-4 that even purchases where both the straw buyer and intended possessor are legally eligible violate the GCA if the buyer falsely claims to be the actual transferee, as such deception undermines the statutory purpose of ensuring only qualified persons acquire firearms through licensed dealers. The Bipartisan Safer Communities Act of 2022 (P.L. 117-159), signed into law on June 25, 2022, introduced a dedicated statute at 18 U.S.C. § 932 explicitly targeting straw purchasing of firearms, making it unlawful for any person to knowingly purchase or conspire to purchase any firearm affecting interstate or foreign commerce with the intent or knowledge that it would be transferred to a prohibited person.^[2] This provision strengthens prior GCA measures by directly addressing the act of acquisition for prohibited transferees, with penalties including fines and up to 15 years' imprisonment; if the firearm is known or reasonably believed to be used in a crime of violence or drug trafficking, the maximum sentence increases to 25 years. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces these statutes through background checks via Form 4473, where buyers certify under penalty of perjury that they are the actual transferees, and violations often lead to federal prosecutions under both § 922 and § 932. Penalties under these federal statutes are enhanced for aggravating factors, such as multiple purchases or trafficking intent, with the U.S. Sentencing Guidelines equating straw purchase offenses under § 922(a)(6) or § 924(a)(1)(A) to those under § 922(d) for consistency in punishment.^[15] Prosecutions require proof of knowledge or intent, distinguishing illicit straw purchases from legitimate ones, though empirical data from ATF traces indicate straw purchasing contributes significantly to firearms recovered in crimes.

State and International Variations

In the United States, while federal law under 18 U.S.C. § 922(a)(6) and § 932 prohibits straw purchases of firearms by criminalizing false statements on ATF Form 4473 and knowingly acquiring firearms for prohibited persons, state laws exhibit significant variations in scope, definitions, and penalties.^[5]^[2] Some states impose broader prohibitions that extend beyond federal requirements, penalizing acquisitions intended for illegal transfer even without direct knowledge of the recipient's prohibited status, whereas others limit penalties to cases mirroring federal intent or lack dedicated statutes altogether.^[16] California maintains one of the strictest regimes, with Penal Code § 27515 explicitly criminalizing the acquisition of firearms for the purpose of illegal transfer to prohibited persons, punishable as a felony with up to three years imprisonment and fines, complemented by universal background checks for all transfers.^[16] Maryland similarly targets both straw buyers and facilitators under Public Safety § 5-101(v), classifying it as a misdemeanor or felony depending on circumstances, with enhanced penalties if linked to violent crime.^[16] In contrast, states like Connecticut (Gen. Stat. § 29-37j), Colorado, Nevada, and Virginia penalize straw purchases as felonies only if the buyer has reason to believe the recipient is prohibited, aligning more closely with federal knowledge requirements but adding state-level enforcement.^[16] Recent legislative adjustments highlight evolving state approaches; for instance, Minnesota elevated straw purchasing from a gross misdemeanor to a felony in 2024, with maximum sentences increased to two years imprisonment.^[17] States without specific statutes, such as Texas, rely primarily on federal prosecution, which data indicate occurs infrequently, leading to reliance on general false statement or conspiracy charges.^[18] These disparities influence enforcement efficacy, as stronger state laws facilitate local prosecutions where federal action is limited.^[18] Internationally, straw purchasing lacks a uniform legal concept but is generally subsumed under prohibitions on unauthorized transfers, possession by ineligible persons, or licensing violations, with penalties varying by national firearms regimes. In Canada, the Firearms Act and Criminal Code criminalize providing firearms to prohibited individuals, treating straw purchases as unauthorized transfers punishable by up to 10 years imprisonment, amid efforts to curb cross-border smuggling from the U.S. The United Kingdom's Firearms Act 1968 strictly regulates possession via certificates, rendering straw purchases aiding unlawful possession a serious offense under the Firearms Act, with sentences up to life for supply linked to crime. In Australia, post-1996 National Firearms Agreement reforms impose licensing and registration requirements, classifying straw diversions as illegal supply under state Firearms Acts, with federal penalties up to 25 years for trafficking, though illicit circulation persists due to unregistered weapons.^[19] Jurisdictions like Mexico address U.S.-origin straw purchases through civil suits against dealers, but domestic enforcement focuses on possession laws rather than buyer intent.^[20] These frameworks prioritize end-user eligibility over U.S.-style background check falsity, reflecting stricter overall controls.

Legitimate Uses

Gifts and Familial Transfers

In the context of firearms acquisition, a bona fide gift—such as purchasing a handgun for a spouse or rifle for an adult child—qualifies as a legitimate transaction under federal law, provided the recipient is not prohibited from possessing firearms and the purchase is not intended to evade eligibility requirements. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) specifies in ATF Form 4473 instructions that the buyer remains the "actual transferee" when acquiring a firearm as such a gift, distinguishing it from a straw purchase, which involves knowingly providing false information to a dealer about the true beneficiary, typically a prohibited person. This exception applies only if the gift is genuine and not a pretext for transferring to an ineligible party, such as a felon or individual under a domestic violence restraining order.^[1] Familial transfers of personally owned firearms, including handovers from parent to child or between siblings, are permissible without a licensed dealer intermediary under the Gun Control Act when all parties reside in the same state and the transferor lacks knowledge or reasonable cause to believe the recipient is prohibited.^[21] Federal statute 18 U.S.C. § 922(d) prohibits such transfers only if the provider has awareness of the recipient's ineligibility, emphasizing intent as the delineating factor from illicit straw arrangements.^[5] These non-commercial exchanges align with the law's focus on dealer sales requiring background checks, allowing eligible family members to inherit or receive firearms without formal processes in intrastate scenarios.^[22] Interstate familial transfers face stricter scrutiny, generally necessitating shipment via a federal firearms licensee (FFL) for compliance, though exceptions exist for lawful bequests or intestate succession where the recipient is eligible.^[21] State variations may impose additional reporting or waiting periods, but federal baseline permits these as legitimate when no prohibition circumvention occurs.^[8] Violations arise not from the familial relationship itself but from deception on eligibility, underscoring that empirical enforcement targets knowing diversions to criminals rather than routine family gifting.^[1]

Business and Financial Intermediaries

In business transactions, straw purchases—where intermediaries acquire assets on behalf of a principal while concealing the ultimate buyer's identity—have been employed legitimately to prevent market speculation and price inflation during large-scale acquisitions. A prominent example occurred in the mid-1960s when Walt Disney Company representatives used shell companies, dummy corporations, and aliases such as "Project X" and "Bay Lake Properties" to purchase approximately 27,443 acres of land in central Florida for what became Walt Disney World Resort.^[23]^[24] This strategy, executed between 1964 and 1965 at an average cost of about $182 per acre (totaling around $5 million), allowed assembly of a contiguous parcel without alerting sellers or speculators, which could have escalated land values.^[23] Such practices remain viable in corporate real estate deals where disclosure of the buyer's intent might distort negotiations, provided no misrepresentation of material terms occurs and fair market value is paid.^[25] Financial intermediaries, including brokers and custodians, routinely utilize nominee structures in legitimate securities transactions to enhance efficiency and protect client privacy. In nominee accounts, a financial institution holds securities in its own name on behalf of beneficial owners, facilitating rapid trading without repeated transfers of individual titles.^[26] For instance, stockbrokers often register client shares under a nominee company, streamlining administrative processes like dividend distribution and voting proxies while shielding investors' identities from public registries.^[27] Nominee shareholders, whether individuals or entities, serve similar roles in corporate governance, holding legal title to shares for principals in trust arrangements, which is common in international business to comply with regulatory anonymity provisions or avoid competitive disclosures.^[28] These mechanisms are lawful when documented via agreements specifying the nominee's fiduciary duties and the principal's beneficial interest, distinguishing them from fraudulent schemes by requiring transparency to involved parties and regulators.^[29] Empirical data from securities markets indicate nominee holdings dominate, with over 90% of shares in major exchanges like the NYSE registered under nominees as of 2023, underscoring their role in modern financial intermediation without evading legal ownership restrictions.^[26]

Illicit Applications

Firearms for Prohibited Persons

A straw purchase occurs when an eligible individual buys a firearm on behalf of a prohibited person, such as a convicted felon, fugitive, unlawful drug user, or someone subject to a domestic violence restraining order, thereby evading federal bans on possession under 18 U.S.C. § 922(g).^[1]^[5] The straw buyer completes ATF Form 4473, falsely attesting under penalty of perjury that the purchase is for their own use and not on behalf of another, which violates 18 U.S.C. § 922(a)(6) prohibiting material falsehoods in firearm transactions.^[1]^[5] This practice directly supplies weapons to those deemed by law too dangerous or irresponsible for ownership, often facilitating subsequent crimes including homicides and assaults.^[1] Federal penalties for straw purchasing were enhanced by the Bipartisan Safer Communities Act of 2022, establishing under 18 U.S.C. § 932 a maximum of 15 years imprisonment and $250,000 in fines for knowing violations involving interstate commerce firearms, with up to 25 years if the weapon is used in another federal crime.^[2]^[1] Prosecutions frequently involve evidence like accomplice testimony, surveillance footage of immediate transfers post-purchase, or patterns of multiple buys by the same straw buyer.^[30] For instance, in March 2024, a New Hampshire felon received a 42-month sentence for directing straw buyers to acquire handguns from dealers while he waited nearby, lying on required forms to bypass checks.^[30] Empirical estimates suggest straw purchases for prohibited persons are common, with a national survey of federal firearms licensees indicating over 30,000 attempted such transactions annually as of 2013 data.^[31] ATF traces reveal straw buying as the predominant channel in many trafficking probes, enabling prohibited individuals—who cannot pass National Instant Criminal Background Check System (NICS) denials—to arm themselves rapidly.^[16]^[1] However, proving intent remains challenging, as familial gifts may blur lines with illicit transfers, and underreporting persists due to limited dealer training and prosecutorial resources, contributing to an estimated 44 federal prosecutions from nearly 45,000 referrals in 2019.^[1]

Age-Restricted Products

Straw purchases of age-restricted products other than firearms typically involve adults acquiring alcohol, tobacco, or nicotine products on behalf of minors ineligible to purchase them due to age restrictions. In the United States, the legal purchase age for alcohol is 21 nationwide under the National Minimum Drinking Age Act of 1984, while tobacco and most nicotine products, including e-cigarettes, are restricted to those 21 and older following the 2019 federal Tobacco 21 law.^[32]^[33] These transactions circumvent mandatory age verification at point of sale, such as ID checks required for retailers. All 50 states criminalize furnishing alcohol to minors, classifying it as a misdemeanor in most jurisdictions with penalties including fines ranging from $500 to $5,000 and jail terms up to one year for first offenses; repeat or aggravated cases may elevate to felonies with longer imprisonment.^[34]^[35] Proxy purchases of tobacco for those under 21 violate state laws prohibiting possession or use by minors, with federal oversight emphasizing retailer compliance but state enforcement targeting providers; penalties mirror alcohol offenses, often including fines and potential civil liability for contributing to youth tobacco initiation.^[36]^[37] Exceptions exist for parental or guardian provision in limited supervised contexts in some states, but illicit straw buys typically involve non-custodial adults, such as older peers or unrelated individuals, rendering them prosecutable.^[32] Empirical data indicate proxy sourcing contributes significantly to underage access. Among underage binge drinkers surveyed in 2015, 36.4% obtained alcohol from adults who provided it without purchase, while a California study found 46% of youth approached adults outside liquor stores to act as intermediaries.^[38]^[39] The National Institute on Alcohol Abuse and Alcoholism reports that adolescents often access alcohol through family members or social networks, with only 8.7% of past-month underage drinkers self-purchasing their last drink, implying reliance on proxies or theft for the majority.^[40]^[41] Similar patterns hold for tobacco, where laws restrict youth purchase but enforcement gaps allow adult facilitation, exacerbating initiation rates despite declining overall youth smoking prevalence.^[36] Enforcement relies on retailer vigilance, sting operations, and social host liability statutes in 30 states that penalize adults permitting underage consumption on their property.^[42] Challenges include proving intent in proxy transactions and underreporting, as minors rarely self-report sources; however, such purchases enable binge drinking episodes accounting for over 90% of youth alcohol consumption, correlating with elevated risks of injury, addiction, and long-term health issues.^[43]

Fraudulent Loans and Mortgages

In straw purchase schemes targeting loans and mortgages, an individual with strong credit and verifiable income—known as the straw buyer—applies for financing on behalf of a disqualified party, such as one with poor credit history, insufficient funds, or legal prohibitions against borrowing.^[44]^[45] The straw buyer falsifies details like occupancy intent or financial dependency, enabling the true beneficiary to gain control of the property or funds while evading lender scrutiny.^[46] This deception often culminates in default, as the actual user neglects payments, leaving lenders with foreclosed assets and unrecoverable losses.^[47] These frauds frequently involve coordinated operations, where recruiters compensate straw buyers with fees ranging from $1,000 to $5,000 per transaction, using fabricated documents to inflate property appraisals or borrower qualifications.^[48] For example, between 2005 and 2008, schemes in California and Florida deployed dozens of straw buyers to secure subprime mortgages on investment properties, resulting in over $2.5 million in lender defaults from orchestrated payment failures. Such tactics exploit lax verification during housing booms, blending with identity theft or equity stripping to siphon proceeds.^[49] Empirical data indicate straw buyer involvement in roughly 3.1% of confirmed mortgage fraud incidents, though these cases generate disproportionate damages due to high loan values—often exceeding $300,000 per property.^[50] Purchase loan applications show elevated vulnerability, with fraud rates hitting 1 in 90 submissions in 2021, up 40% year-over-year amid rising home prices.^[51] Lenders detect patterns via red flags like rapid title transfers or mismatched employment records, but underreporting persists as victims prioritize asset recovery over prosecution.^[52] Federal penalties for straw buying in mortgage fraud include charges under 18 U.S.C. § 1344 for bank fraud, punishable by up to 30 years in prison and fines twice the gross loss, plus restitution.^[53] Accompanying wire or mail fraud convictions add 20-year terms each, with sentences escalating based on loss amounts—e.g., over $1 million triggers mandatory minimums.^[54] State statutes, such as California's Penal Code 532f, classify it as a felony with 2-5 years imprisonment and fines up to $50,000, emphasizing the causal link between misrepresentation and systemic financial harm.^[55] Prosecutions, supported by Suspicious Activity Reports (SARs), have risen with mandatory sentencing, yielding convictions in multi-defendant rings.^[47]

Enforcement and Empirical Data

Detection and Prosecution Methods

Detection of straw purchases in firearms transactions primarily occurs through scrutiny of federal firearms transaction records, known as ATF Form 4473, where discrepancies or false statements regarding the actual buyer can be identified during routine compliance inspections or investigations.^[56] Federal firearms licensees (FFLs) are required to report multiple sales of certain firearms, such as two or more handguns or semiautomatic rifles within five business days, which prompts ATF review for potential patterns indicative of straw buying, including rapid successive purchases by the same individual.^[57] Additionally, red flags at the point of sale—such as a purchaser's hesitation during background checks, evasive answers about the firearm's intended use, or accompanying individuals who appear to direct the transaction—alert FFLs and investigators to possible straw activity, as emphasized in ATF training programs.^[1] Law enforcement agencies, including the ATF's Crime Gun Intelligence Centers (CGICs), employ data analytics on traced crime guns to uncover straw purchasing networks by correlating initial retail purchases with subsequent illegal recoveries, often revealing transfers to prohibited persons through possession patterns or forensic links.^[58] Tips from informants, surveillance of high-risk individuals, and undercover operations targeting suspected traffickers further aid detection, particularly in regions with high trafficking volumes where straw purchases account for a significant initiation method in investigations.^[57] For non-firearm straw purchases, such as age-restricted products like alcohol or tobacco, detection relies more on retail surveillance, purchase pattern analysis via point-of-sale data, and compliance checks by agencies like the FDA or TTB, though empirical tracing is less centralized than for guns.^[1] In fraudulent loans or mortgages, financial regulators detect straw applications through credit inconsistencies, income verification failures, and post-closing audits revealing undisclosed true borrowers, often via mortgage servicing data mismatches.^[18] Prosecution of straw purchasers hinges on federal statutes like 18 U.S.C. § 922(a)(6), which criminalizes false statements on ATF Form 4473 about the firearm's true recipient, and 18 U.S.C. § 932, enacted under the Bipartisan Safer Communities Act of 2022, which explicitly prohibits knowingly buying firearms for others barred from possession.^[2]^[59] Conviction requires proving the purchaser's knowledge that the recipient was prohibited (e.g., felon or fugitive) and intent to deceive, often established via witness testimony, digital communications, or recovery of the firearm in prohibited hands.^[15] Penalties include up to 15 years imprisonment for aggravated cases involving trafficking, with sentencing enhancements for multiple firearms or links to violent crime.^[15] However, federal prosecutions remain rare due to evidentiary hurdles in establishing intent beyond reasonable doubt, with state-level actions more common where laws mirror federal prohibitions but face similar proof challenges.^[18] For financial straw purchases, prosecution under fraud statutes like 18 U.S.C. § 1341 (mail/wire fraud) emphasizes documented misrepresentations, though success depends on tracing fund flows and borrower identities.^[18]

Prevalence in Crime Statistics

Straw purchases of firearms represent a notable channel in firearms trafficking investigations linked to crime guns, though precise attribution to overall crime gun recoveries remains challenging due to the covert nature of the practice, which often evades detection unless intent is established through subsequent investigation. In the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National Firearms Commerce and Trafficking Assessment (NFCTA) analyzing 9,708 trafficking investigations from 2017 to 2021, straw purchasing or straw purchasing rings were involved in approximately 40% of cases, second only to unlicensed dealers at 41%.^[57] Straw purchasers trafficked an average of 11 firearms per case, compared to 20 for unlicensed dealers, and accounted for 37,749 firearms overall in these investigations.^[60] Females comprised 72% of identified straw purchasers, often facilitating transfers to prohibited persons.^[61] Despite this role in trafficking, straw purchases appear less prevalent in broader crime gun sourcing surveys, with self-reports from offenders indicating they account for about 11% of guns obtained by criminals, while theft, black market purchases, and other illicit means dominate.^[62] ATF trace data for over 1.9 million crime guns recovered domestically from 2017 to 2021 identified purchasers in 77% of cases, but does not quantify straw involvement, as traces typically confirm legal initial sales without proving prohibited transfers.^[3] Stolen firearms featured in 22% of trafficking investigations, underscoring alternative pathways to crime guns independent of straw methods.^[63] Prosecution statistics reflect limited detection, with federal charges for straw purchasing remaining rare relative to overall gun crime volume; for instance, post-2022 enhancements under the Bipartisan Safer Communities Act led to over 700 defendants charged for straw purchasing or related trafficking by mid-decade, amid millions of annual crime gun recoveries.^[64] Data on straw purchases for non-firearm items, such as age-restricted tobacco or alcohol in underage drinking crimes, is sparse and typically bundled under general trafficking offenses, with no comprehensive national prevalence metrics available from federal sources like the ATF or Department of Justice.^[16] Overall, while straw purchasing contributes substantially to identified illicit firearm flows, empirical evidence suggests it is neither the dominant nor most frequently documented source in crime statistics, constrained by evidentiary hurdles in proving intent.

Controversies and Causal Analysis

Exaggerated Role in Gun Violence

Despite comprising a subset of firearm trafficking methods, straw purchases are frequently portrayed in media and advocacy narratives as a dominant channel for guns used in violence, potentially overstating their empirical contribution relative to other illicit acquisition pathways. ATF's 2024 National Firearms Commerce and Trafficking Assessment (NFCTA) analyzed over 9,700 trafficking investigations from 2017 to 2021, finding straw purchases involved in about 40% of cases, yet these incidents typically entailed small volumes—58% involving five or fewer firearms, with an average of 11 guns per straw buyer.^[4] ^[65] Given annual ATF traces of approximately 400,000 crime guns (e.g., 410,676 in 2023), trafficking overall—including straw methods—accounts for an estimated minority, as traces often link to non-trafficked diversions like theft or direct possession by offenders.^[66] Offender surveys underscore alternative sources: a 2015 Duke University analysis of prison inmates found 60% acquired guns via purchase or trade, predominantly from friends or family (43% of cases), with street-level black market sources at only 10%, implying limited direct reliance on fresh straw-purchased firearms from licensed dealers.^[67] Similarly, FBI data indicates most criminals access weapons through unregulated channels like interpersonal transfers or theft, rather than coordinated straw operations.^[68] Theft alone supplies a substantial pipeline, with hundreds of thousands of firearms reported stolen yearly, many entering criminal circulation without involving licensed sales. This pattern aligns with ATF trace data showing 72% of crime guns recovered in the same state as their initial purchase, often with short time-to-crime intervals suggestive of rapid post-sale diversion via non-straw means.^[66] The heightened policy focus on straw purchases, including calls for expanded background checks, may reflect biases in source selection by advocacy groups, which aggregate straw with broader unlicensed transfers (e.g., claiming 80% of criminal firearms from such sources) to emphasize legal-market reforms over enforcement against possessors.^[16] Yet causal analysis reveals limited marginal impact: prosecutions for false statements on ATF Form 4473 remain rare, with a 2018 Government Accountability Office report noting infrequent charges despite detected lies, indicating under-detection but also that straw's role does not dominate observed criminal armament.^[69] Prioritizing straw overlooks first-order drivers like recidivist offenders retaining or sharing guns within prohibited networks, where social ties and theft perpetuate supply more than isolated proxy buys.

Policy Efficacy and Unintended Consequences

Federal prohibitions on straw purchases, codified under 18 U.S.C. § 922(a)(6) since the Gun Control Act of 1968 and enhanced by the Bipartisan Safer Communities Act of 2022 to impose up to 15 years imprisonment, aim to prevent prohibited persons from indirectly acquiring firearms through legal buyers.^[70] However, empirical assessments indicate limited efficacy in substantially curbing illegal gun trafficking or associated violence. An ATF analysis of 440 firearms trafficking investigations from 2017 to 2021 found that straw purchases accounted for only 20% of cases, with the majority involving theft (25% of cases) or unlicensed private sales (part of the 80% non-FFL sourced trafficking).^[71]^[65] This suggests that while straw bans target a detectable subset of diversions, they do not address dominant pathways, as criminals adapt via alternatives like interstate smuggling from low-regulation states or theft from legal owners, which comprise 20-30% of traced crime guns in various studies.^[72] Related policies, such as permit-to-purchase (PTP) laws requiring fingerprinting and in-person checks, show stronger associations with reduced trafficking, including a 45% drop in interstate gun flows from implementing states, partly by deterring straw attempts through heightened scrutiny.^[73] Standalone straw prohibitions, however, lack isolated causal evidence of violence reduction, as time-to-crime data for traced firearms (median 3-5 years) often obscures initial straw diversions, and overall crime gun traces rarely confirm straw involvement due to reliance on purchase records rather than transfer audits.^[3] Enforcement challenges, including low detection rates without proactive surveillance, further undermine impact, with prosecutions representing a fraction of estimated incidents.^[1] Unintended consequences include resource misallocation toward pursuing straw cases at the expense of higher-volume sources like theft recovery or border interdiction, potentially inflating perceptions of licensed dealer culpability despite FFLs sourcing only 20% of trafficking probes.^[65] Stricter straw-related measures, such as enhanced background checks or waiting periods, may inadvertently boost out-of-state or cross-border sourcing, as evidenced by increased proportions of crime guns traced to neighboring jurisdictions in states with such laws.^[74] Additionally, broad deterrence campaigns risk eroding trust among legal buyers through heightened stigma and paperwork, without proportionally disrupting determined traffickers who exploit unregulated private transfers comprising up to 80% of criminal acquisitions in surveys.^[16] These dynamics highlight how isolated straw-focused policies, absent complementary measures like universal checks or theft deterrence, yield marginal gains amid adaptive illicit markets.

References

[1]
Don't Lie for the Other Guy | Bureau of Alcohol, Tobacco, Firearms ...
Straw purchasing is the illegal buying of a gun for someone who can't legally own one, bypassing background checks and increasing gun violence.
[2]
18 U.S. Code § 932 - Straw purchasing of firearms - Law.Cornell.Edu
It shall be unlawful for any person to knowingly purchase, or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce.
[3]
[PDF] Part III – Crime Guns Recovered and Traced within the United States ...
Mar 27, 2024 · Between 2017 and 2021 there were 1,922,577 requested crime gun traces, of which ATF was able to determine the purchaser in 77% (1,482,861).
[4]
ATF Releases Comprehensive Firearms Trafficking Report
Apr 8, 2024 · ATF identified 12,416 firearm traffickers across 80% (7,762 of 9,708) of the cases in the study period. Firearm traffickers tended to be white ( ...
[5]
18 U.S. Code § 922 - Unlawful acts - Law.Cornell.Edu
It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in ...Missing: straw | Show results with:straw
[6]
ATF Form 4473 - Firearms Transaction Record Revisions
The first sentence of Question 21a. has been changed from “Are you the actual transferee/buyer of the firearm(s) listed on this form and any continuation sheet ...
[7]
[PDF] Firearms Transaction Record - Department of Justice
A person is also the actual transferee/buyer if he/she is legitimately purchasing the firearm as a bona fide gift for a third party. A gift is not bona fide if ...
[8]
Giving a Firearm as a Gift? Some Reminders from NSSF
Nov 15, 2024 · It is legal to purchase a firearm from a licensed firearm retailer that you intend to give as a gift. There's no law that prohibits a gift of a ...
[9]
[PDF] uses and the statute of uses - the Ames Foundation
Use of a “straw” where one wanted to make a conveyance to one's self. One can't make a livery of seisin to one's self if one already has the seisin. I might ...<|separator|>
[10]
straw man | Wex | US Law | LII / Legal Information Institute
In the past, to create a proper joint tenancy where one joint tenant already owned interest, it was first necessary to convey the property to a straw man, then ...Missing: history | Show results with:history
[11]
[PDF] Straw Men in Real Estate Transactions
Apr 29, 2022 · There are many conveyances to a straw man that are not fraudulent. The owner of land may desire to borrow money using land as security. Not ...
[12]
[PDF] The Historical Justification for Prohibiting Dangerous Persons from ...
Section A explains why felon bans are presumptively lawful, Section B explains why the presumption of lawfulness is rebuttable, and Section C explains why any ...
[13]
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922&num=0&edition=prelim
[14]
Bipartisan Safer Communities Act Conforming Regulations
Apr 19, 2024 · The “straw purchasing” offense makes it illegal for any person to knowingly purchase, or conspire to purchase, a firearm on behalf of ...Background · Changes To Disqualifying... · Straw Purchasing and...
[15]
753 | United States Sentencing Commission
§§ 922(a)(6) or 924(a)(1)(A) receive the same punishment as defendants convicted under a third statute used to prosecute straw purchasers, 18 U.S.C. § 922(d), ...
[16]
Trafficking & Straw Purchasing - Giffords
Gun trafficking is when guns move from lawful commerce to the illegal market, while straw purchasing is buying a gun for someone else, often ineligible.
[17]
Minnesota Senate passes stiffer penalties on straw gun purchases
May 10, 2024 · The bill increases the penalty for straw purchasing from a gross misdemeanor to a felony and the maximum sentence to two years in prison.Missing: differences | Show results with:differences
[18]
Prosecuting Background Check and Straw Purchase Violations ...
Jan 23, 2018 · Federal law also prohibits straw purchases; however, federal prosecution of straw purchasers is extremely rare.
[19]
'I could get a gun within an hour of leaving jail': how Australia's ...
Sep 3, 2025 · With as many as 600000 illicit weapons in circulation, gun control experts say the long-planned national firearms register is needed ...
[20]
Mexico files a 2nd lawsuit targeting U.S. gun dealers to stem flow of ...
Oct 11, 2022 · A recently enacted U.S. law defines straw purchasing as a crime, and sets out sentences of as much as 15 to 25 years if the offense is related ...<|separator|>
[21]
To whom may an unlicensed person transfer firearms under the GCA?
Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception ...
[22]
Straw Purchase Laws: Legal Facts & Consequences | USCCA
Sep 25, 2019 · It is legal to purchase a firearm as a gift for another, since you are actually buying the firearm for yourself to gift to another. However, it ...
[23]
Disney World at 50: Fake companies and secret deals acquired land ...
Apr 7, 2021 · In 1964, Walt Disney used fake companies and secret deals to begin quietly snapping up the land in Central Florida that would later become Walt Disney World.
[24]
Secret Florida land deal led to Walt Disney World | Miami Herald
May 16, 2017 · “A Miami law firm working with $5 million in cold cash has quietly engineered one of the biggest Florida land deals in years,” the story went on ...
[25]
Are Straw Buyers Illegal • Real Estate Investing
Oct 16, 2020 · In fact, one of the best-known legal uses of Straw Buyers was used by Walt Disney to accumulate vast acreage in Orlando Florida for Disney World ...
[26]
How Nominee Accounts Protect Your Securities - Investopedia
A nominee acts as a custodian for securities, holding them in their name but allowing you to retain real ownership. · Nominee accounts boost trading efficiency ...
[27]
What is a Nominee Company? - Paramount Formations
Stockbrokers will often use a nominee company, holding shares that belong to their clients, making the buying and selling of those shares much easier.
[28]
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A nominee shareholder may be an individual or a body corporate. Brokers adopt the practice of creating a company to act as a nominee shareholder.Missing: legitimate | Show results with:legitimate
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Your Privacy: Understanding Nominee Services for Business Owners
The primary reason company owners use nominees is to ensure the owner's privacy legally. However, the Internal Revenue Service (IRS) notably requires the actual ...Missing: legitimate buyers
[30]
Convicted Felon Sentenced to 42 Months in Federal Prison for His ...
Mar 14, 2024 · On several occasions, Marques accompanied a straw purchaser to a firearms dealership, where the straw purchaser lied on the forms required to ...
[31]
Firearms Licensee Characteristics Associated with Sales of Crime ...
Oct 1, 2017 · Data from a national survey of licensees suggest more than thirty thousand attempted straw purchases annually (Wintemute 2013). Anecdotal ...
[32]
Furnishing Alcohol to Minors: About This Policy | APIS
Laws that prohibit furnishing minors with alcohol and various statutory exceptions to these laws.
[33]
Tobacco 21 | FDA
Aug 7, 2025 · No, the law does not provide any exemptions from the new federal minimum age of 21 for the sale of tobacco products. Retailers in the United ...Missing: straw | Show results with:straw
[34]
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Jul 23, 2025 · Penalties for Supplying Alcohol to Minors · Jail sentences for misdemeanors can range from a few days to one year. · Fines for misdemeanors are ...
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Selling and Supplying Alcohol to Minors - Criminal Defense Lawyer
A misdemeanor conviction for supplying alcohol to an underage person can result in fines up to $5,000, though fines of $500 to $1,000 are more common. Felony ...
[36]
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Laws aiming to reduce underage access to tobacco include restrictions on both distribution of tobacco products to and purchase of tobacco products by underage ...YOUTH TOBACCO ACCESS... · SOURCES OF CIGARETTES...
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Tobacco and Vape Vendor Requirements to Protect Minors
The New York State Tobacco Control Law (Public Health Law 13-F) prohibits: The sale of flavored nicotine-containing vapor products to anyone; The sale of ...
[38]
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May 12, 2017 · In 2015, 36.4% of binge drinkers and 55.7% of current drinkers who did not binge drink usually obtained alcohol from someone who gave it to them ...Missing: minors | Show results with:minors
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Targeting Adults Who Provide Alcohol to Underage Youth
A California study found that 46% of underage drinkers approached adults outside alcohol establishments to purchase alcohol for them (California Department of ...
[40]
Get the Facts About Underage Drinking
In many cases, adolescents have access to alcohol through family members or find it at home. What Is Binge Drinking? The National Institute on Alcohol Abuse and ...
[41]
NSDUH Report: State Estimates of Underage Alcohol Use and Self ...
Nov 20, 2012 · Approximately 8.7 percent of past month drinkers aged 12 to 20 purchased their own alcohol the last time they drank (Table 1).
[42]
Social Host Liability for Underage Drinking Statutes
Thirty states and the Virgin Islands have criminal penalties for adults who host or permit parties with underage drinking to occur in the adults' homes or in ...
[43]
Underage Drinking in the United States (ages 12 to 20)
Aug 12, 2025 · Prevalence of Lifetime Drinking · 6.2 million males ages 12 to 20 (31.4% in this age group) · 6.5 million females ages 12 to 20 (34.4% in this age ...
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Straw Buying: What it Means, How it Works, Examples - Investopedia
Straw buying is when an individual makes a purchase on behalf of someone who otherwise would be unable to make the purchase.Missing: contexts | Show results with:contexts
[45]
Fraud Prevention - FHFA
Straw Buyer – Straw buyers are used to conceal fraudulent activities. A straw buyer falsely appears as the mortgage applicant and purchaser although they are ...
[46]
Straw Buyer Schemes – When Does It Become a Crime?
Straw buyers that purchase goods illegally, or those parties involved in an unlawful transaction, can face criminal charges under federal or state laws.Missing: legitimate | Show results with:legitimate
[47]
Case for Mortgage Fraud Involving Straw Buyers Supported by SARs
The straw buyers frequently defaulted on these mortgages, causing losses to banks and commercial lenders in excess of $2,500,000. During the period that the ...
[48]
Staying Alert to Mortgage Fraud | FDIC.gov
Jul 22, 2025 · This article explores common types of mortgage fraud, focusing on examples from a recent poll of FDIC examiners.
[49]
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May 15, 2023 · Mortgage fraud is a deliberate act to deceive a mortgage underwriter, lender or borrower in the process of buying, funding or insuring a mortgage loan.
[50]
How the Best Lenders Spot Straw Buyer Red Flags - defi SOLUTIONS
Jun 24, 2024 · Although not the leading source of fraud (only 3.1 percent of fraudulent mortgages), straw buyers can cause severe losses to a lender. Even with ...
[51]
Mortgage Fraud on the Rise, Purchase Applications Vulnerable
Oct 29, 2021 · Fraud was most prevalent in purchase mortgage applications, one occurrence in every 90 applications, and a 40 percent year-over-year increase.
[52]
Straw Purchases: Common Types & How to Detect and Prevent Them
Straw purchases can be legal if they aren't used to circumvent a law or otherwise commit a crime. An example is an elderly person asking a friend or family ...
[53]
Mortgage Loan Fraud: Examples, Penalties and Defenses
The penalty for mortgage loan fraud may include prison time, fines, and restitution. Typically, mortgage fraud is charged as a felony offense.
[54]
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Mar 31, 2022 · When a person buys real estate on behalf of someone else, the law may consider them a “straw buyer” if they have no intention of using the property themselves.Missing: legitimate | Show results with:legitimate
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Anyone convicted of mortgage fraud will face harsh penalties, including jail time, fines, and restitution. Foreclosure fraud and other types of real estate ...
[56]
How to Prove a Straw Purchase | Firearm Transactions - FastBound
Apr 26, 2024 · A straw purchase occurs when someone buys a gun on behalf of someone who is legally prohibited from purchasing it themselves.<|separator|>
[57]
[PDF] PART III: Firearm Trafficking Channels and Methods Used - ATF
(27.2%) regions of the U.S. Investigations involving straw purchasing and straw purchasing rings were also most frequently initiated by ATF SAs working at ...
[58]
Fact Sheet - Crime Gun Intelligence Centers (CGIC) - ATF
Investigators use this data to uncover patterns of firearms trafficking, identify illegal and “straw” firearms purchasers, and develop leads to recover firearms ...Missing: methods | Show results with:methods
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[PDF] Summary of Federal Firearms Laws—October 2023
STRAW PURCHASE, 18 U.S.C. § 932. It is against federal law for any person to knowingly purchase a firearm on behalf of any other person, knowing or having ...
[60]
[PDF] Part V – Type and Volume of Firearms Trafficked - ATF
Straw purchasers and straw purchasing rings were associated with the next largest number of trafficked firearms (37,749) but averaged only about 11 trafficked ...
[61]
ATF Analysis of Firearms Trafficking Highlights Rapid Rise of Ghost ...
Jan 10, 2025 · ATF found that between 2019 and 2023, 20,072 recovered crime guns were traced to legal U.S. exports. ... straw purchasing (72 percent). The ATF ...
[62]
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Feb 19, 2020 · In 11 percent of cases, the criminal had someone else buy a gun for them – known as a straw purchase – while an additional 15 percent got guns ...
[63]
[PDF] PART IV: Firearm Trafficking Investigations Updates and New Analysis
NFCTA Volume III documented that slightly more than 22% (2,142 of 9,708) of ATF trafficking investigations involved stolen firearms. According to the SA surveys ...
[64]
[PDF] Violent Crime Reduction, 2021-2025 - Department of Justice
o Under these new authorities, over 700 defendants were charged with straw purchasing or firearms trafficking under these new authorities. • Ensuring Firearms ...Missing: 2020-2025 | Show results with:2020-2025
[65]
ATF Firearm Trafficking Report: Licensed Retailers Aren't the Problem
Apr 9, 2024 · Conversely, illegal straw purchases and private sales accounted for 80 percent of all cases. Stolen firearms represented another 25 percent of ...Missing: statistics | Show results with:statistics
[66]
[PDF] Part III – Crime Gun Tracing Updates and New Analysis - ATF
Between 2017 and 2023, 96% (2,219,905 of 2,307,686) of crime guns were traced to a purchaser where the purchaser's age was known. The percentages of traced ...
[67]
Criminals Acquire Guns Through Social Connections - Duke Today
Sep 16, 2015 · Key findings from the studies include: -- 60 percent of the respondents obtained guns by purchase or trade.-- Most offenders obtained guns from ...
[68]
Can background checks curb gun violence? - ABC News
Oct 29, 2021 · "FBI data makes clear the majority of criminals get their guns from the black market, straw purchase (where a person who is unable to pass a ...
[69]
'Straw-buyers' in illegal gun buys rarely prosecuted despite crackdown
Sep 28, 2021 · A 2018 report from the US General Accountability Office found people caught lying on federal firearms purchase forms are rarely charged, even though it's a ...Missing: overstated | Show results with:overstated
[70]
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Feb 9, 2024 · This law includes the Stop Illegal Trafficking in Firearms Act, provisions of which amend the Gun Control Act of 1968 (GCA, 18 USC §§921 et seq.)
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Apr 8, 2024 · About 40 percent of the firearm trafficking cases involved unlicensed dealers, including sellers who aren't required to run background checks; ...
[72]
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A national study of gun trafficking investigations found that corrupt retail gun dealers accounted for more guns diverted into the illegal market than any ...Missing: debate | Show results with:debate
[73]
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Researchers have found that firearm purchaser licensing laws requiring fingerprinting were associated with a 45% decrease in interstate firearm trafficking ...
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We systematically reviewed scientific evidence on waiting-period laws to understand how these policies affect different outcomes in the United States.