Honolulu Straw Purchase of a Firearm Lawyer

What is a straw purchase? A straw purchase is when someone enlists the help of another party to purchase a good or service because they are unable to do so themselves. A prohibited possessor will sometimes have someone else purchase a firearm for them in an attempt to get around a background check.

In a straw purchase, a proxy buyer who does not have a criminal record will purchase the gun. The proxy buyer will be able to pass a background check. After purchase, the proxy buyer turns the firearm over to the prohibited possessor for an agreed-upon price. This is what is known as a straw purchase of a firearm.

Straw purchases of firearms are illegal in Hawaii. You are required to fill out Federal Form 4473 when purchasing a firearm. The ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) will keep a record of all firearms purchases. Pay close attention to question 11 on form 4473, as it asks if the buyer is the actual “transferee/buyer” of the weapon.

“Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual transferee/buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer the firearm(s) to you. Exception: If you are picking up a repaired firearm(s) for another person, you are not required to answer 11.a. and may proceed to question 11.b. (See Instructions for Question 11.a.)”

It is a federal crime under 18 U.S. Code § 922 to lie or mislead the seller about the identity of the ultimate possessor of the firearm. Because this is a federal crime, you will need to hire an attorney who is admitted to federal court to represent you. Not all attorneys are admitted to federal court. In fact, most attorneys either are not licensed in federal court or lack experience in federal court.

Straw purchase of a firearm is a very serious crime. A conviction for making a straw purchase could lead to a decade in prison and up to a quarter of a million dollars in fines. The lawyers at the Attorneys for Freedom Law Firm have decades of experience representing clients in federal court, including major federal felony trials. If you have been charged with a federal gun crime such as straw purchase of a firearm, contact the Attorneys for Freedom Law Firm to schedule a Strategy Session to discuss your case.

Honolulu Straw Purchase of a Firearm Lawyer

If you or someone you know is facing gun charges in Hawaii, it is essential to have aggressive and experienced representation in court during each phase of the representation. Email us or call our office at 808-647-2423. Our experienced lawyers at the Attorneys For Freedom law firm have decades of experience defending people charged with gun crimes.

Hawai’i Office Address:
1003 Bishop Street, Suite 1260 Pauahi Tower
Honolulu, Hawai’i 96813
Phone: 808-647-2423