Straw Purchasing of Firearms in Texas

Federal law prohibits certain persons from buying firearms, including felons, fugitives, drug addicts, and dishonorably discharged service members. However, these prohibitions can be circumvented by what is known as a "straw purchase."

Straw purchasing is a serious federal crime. If you have been charged with straw purchasing of a firearm in Texas, it is important to contact a qualified federal criminal defense attorney as soon as possible.

The experienced federal criminal defense attorney at The Law Office of Rolando Cantu are familiar with the laws and procedures related to straw purchasing of firearms cases. We will thoroughly investigate the charges against you and work tirelessly to get the best possible result in your case.

As we mentioned above, straw purchases of firearms occur when someone buys a gun on behalf of someone else who is prohibited by law from owning one.

For example, if you are a convicted felon, you cannot legally buy a gun in Texas. However, you could ask a friend or family member to buy the gun for you. This would be considered a straw purchase. Another example would be if you are a domestic violence offender. Domestic violence offenders are also prohibited by law from buying or possessing firearms. However, they could ask someone else to purchase the gun for them. Once again, this would be considered a straw purchase under federal law.

Gun trafficking is a related offense. Gun trafficking occurs when someone purchases firearms in one state and then sells them in another state. This is generally done in order to avoid the stricter gun laws in the state where the buyer lives.

It is important to note that the person making the straw purchase can be charged with the same crime as the intended owner of the gun. In other words, if you make a straw purchase of a firearm for someone else, you can be charged with being a felon in possession of a firearm—even if you have never been convicted of a felony yourself.

On the other hand, you might not know that the person you are buying the gun for is prohibited by law from owning a firearm. Gun violence restraining orders are one example of a situation where the person making the purchase might not be aware that the intended owner is prohibited from owning a firearm.

The penalties for straw purchasing of firearms are severe. If you are convicted of making a false statement or representing false information during the acquisition or attempted acquisition of a firearm, you could face up to 10 years in federal prison and/or up to a $250,000 fine.

In addition, if you are convicted of making false statements or providing false information during the course of applying for or obtaining firearms license or permit, you could face up to 5 years in federal prison and/or up to $250,000 fine.

The actual buyer of the gun can also be charged with a crime. If you are convicted of buying a gun on behalf of someone else who is prohibited by law from owning one, you could face up to 10 years in federal prison and/or up to a $250,000 fine.

In Texas, especially in RGV, there has been an increase in the number of cases related to Straw Purchasing of Firearms in recent years. This is likely due to the increase in gun violence in the area. If you have been charged with this crime, it is important to contact an experienced federal criminal defense attorney as soon as possible.

Straw purchasers of firearms can be easily recognized by certain characteristics. For example, you might be doing a straw purchase of a gun for someone who:

• lives in another state;
• cannot pass a background check;
• has a criminal record;
• is under 21 years of age;
• is prohibited by law from owning a gun;

Before you buy a gun for someone else, make sure that you know and understand the laws regarding straw purchasing of firearms. On the other hand, you might not know that the person you are buying the gun for is prohibited by law from owning a firearm. Gun violence restraining orders are one example of a situation where the person making the purchase might not be aware that the intended owner is prohibited from owning a firearm.

A licensed dealer will not sell a gun to someone who cannot pass a background check. If you are buying a gun from a licensed dealer, they will require you to fill out a form that asks questions about your criminal history and other factors that would prohibit you from owning a gun.

If you are buying a gun from a private seller, they are not required to run a background check on the buyer. However, it is illegal for a private seller to sell a gun to someone who they know or should know is prohibited by law from owning a firearm.

In order to avoid being charged with straw purchasing of firearms, you should only buy a gun for someone else if you are absolutely certain that they are legally allowed to own one. If you are not sure, you should err on the side of caution and not make the purchase. A lawfully purchase of a firearm should only be transferred to another person through a licensed dealer and after a background check is conducted.

The ATF form 4473 asks the buyer questions about their criminal history and other factors that would prohibit them from owning a gun. The form must be filled out truthfully and accurately. Lying on the form is a federal crime. If you lie on the form and the dealer sells you the gun, both you and the dealer can be charged with a crime.

The best way to avoid being charged with straw purchasing of firearms is to only buy guns for people who you are absolutely certain are legally allowed to own them.

If you are with a police officer or federal agent, you should remain silent and ask to speak with a defense lawyer. It is very important that you do not say anything that could be used against you in court.

If you are arrested, you will likely be charged with a crime. If you are arrested for straw purchasing a firearm, it is important to contact an experienced criminal defense attorney as soon as possible.

The straw purchaser of a firearm can be charged with a crime even if the gun is never used in a crime. If you are convicted of straw purchasing of firearms, you could face up to 10 years in federal prison and/or up to a $250,000 fine.

If you have been arrested or are under investigation for straw purchasing of firearms, don't try to "delete" evidence by getting rid of firearms or cell phones. This could make things worse and you could be charged with an additional crime.

If you, a familiar or someone you love has been arrested for straw purchasing of firearms, you should immediately seek out the assistance of a qualified criminal defense lawyer.

Public safety is the primary concern when it comes to firearms. It is important to make sure that guns are only purchased by those who are legally allowed to own them. Any illegal firearm case, such a purchase, should be immediately referred to an experienced criminal defense attorney.

If you have been charged with straw purchasing of firearms in Texas, it is important to contact an experienced federal criminal defense attorney as soon as possible who can help investigate your charges and protect your rights throughout every step of your case. Contact The Law Office of Rolando Cantu today for help with your case.