Straw Purchases, Form 4473 & Gun Sales to Felons in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

False Statement in a Dealer's Records (18 U.S.C. § 924(a)(1)(A); Pattern Instr. O35.1)

What the Government must prove (Elements):

1. The defendant made a false statement or representation in a record federal law requires a licensed dealer to keep.
2. The statement was made to a federally licensed firearms dealer.
3. The defendant knew the statement or representation was false.

The Government does not have to prove willfulness. Up to 5 years. Federal courts have applied this law to straw purchases: a buyer who plans, at the time of sale, to pass the gun to someone else cannot truthfully answer that he or she is the actual buyer.

Related Federal Purchase Crimes

• Lying to a dealer to get the gun (§ 922(a)(6)): a knowingly false statement, or false ID, intended or likely to deceive the dealer about a fact material to whether the sale is lawful. Up to 10 years.
• Straw purchasing (§ 932): knowingly buying a firearm for, on behalf of, or at the request of someone the buyer knows or has reasonable cause to believe is prohibited, or intends to use it in a felony, terrorism, or drug trafficking, or to pass it to such a person. Up to 15 years, or up to 25 years if the buyer knows or has reasonable cause to believe the gun will be used in one of those crimes.

Selling a Gun to a Convicted Felon (18 U.S.C. § 922(d)(1); Pattern Instr. O34.5)

What the Government must prove (Elements):

1. The defendant sold the firearm described in the indictment.
2. The buyer had been convicted of a felony, meaning a crime punishable by more than a year in prison.
3. The defendant knew or had reasonable cause to believe the buyer had been convicted of a felony.

"Reasonable cause to believe" means knowing facts that would lead a reasonable person to conclude the buyer is a convicted felon. Section 922(d) also covers selling or giving away ammunition, and selling to anyone under felony indictment, a fugitive, an unlawful drug user, and other prohibited groups. It applies to private sellers, not just dealers. Up to 15 years.

Florida has its own purchase-form and straw-purchase crimes. See Gun & Weapons Charges.

Defense Themes

• Was it false, and did the buyer know? Confusing questions, honest mistakes, and a gun bought as a genuine gift raise real issues.
• Intent at the time of sale. A buyer who later decided to sell or give away a gun is in a different position from one who planned it from the start.
• What did the seller know? "Reasonable cause to believe" requires facts, not hindsight.
• Statements to agents. Trace cases often rest on what the buyer told investigators.

What to Do First

1. If ATF agents call or visit about a gun you bought, do not explain it to them yourself. Call a lawyer first.
2. Don't sell, move, or "recover" any guns while there is an investigation.
3. Non-citizens: see Immigration Consequences.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is it illegal to buy a gun as a gift?

Buying a gun as a genuine gift for someone who can lawfully have it is different from buying it for someone who is paying you or directing the purchase, or who is prohibited. The details matter; talk to a lawyer before answering questions.

I sold a gun privately, not as a dealer. Can I be charged?

Yes, if the Government can prove you knew, or had reasonable cause to believe, the buyer was prohibited. Section 922(d) applies to any seller. Regular selling for profit can also raise the separate charge of dealing without a license.