A straw gun purchase is when someone buys a firearm for another person who is not legally permitted to purchase it themselves. As such, a straw purchase is illegal both for the buyer and for the person receiving the firearm.
The issue often revolves around background check requirements. When someone knows they will not pass a background check, they may not be legally allowed to purchase a firearm in the first place. So they give money to another person, who falsely claims they are purchasing the gun for themselves, before transferring it to the prohibited individual. This is a way to circumvent background check laws, but doing so is itself an illegal act.
Why can’t someone buy a firearm themselves?
Although there is a general right to purchase firearms in the United States, there are certain groups of people who are prohibited from doing so. This may include:
- Someone who has been convicted of a felony offense
- A person who is an undocumented immigrant
- Someone who is addicted to a controlled substance
- A person who is a fugitive from justice
- Someone who has been convicted of certain domestic violence offenses
- A person who is subject to a restraining order
These are just a few examples of situations that could appear during a background check and prevent the purchase from being approved.
Your legal defense options
If you have been accused of making a straw gun purchase, whether you purchased the firearm or received it, it is important to take the allegation very seriously. These are significant criminal accusations that could have a major impact on your future, so it is critical to understand all of your legal defense options in New York.