Straw purchasing of firearms
Official text prohibited actmental stateif conditionpenaltylegal term
(a) Definitions. For purposes of this section—
(1) the term "drug trafficking crime"—
(A) has the meaning given that term in section 924(c)(2); and
(B) includes a punishable under the law of a State for which the conduct constituting the offense would constitute a punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
(2) the term "Federal crime of terrorism" has the meaning given that term in section 2332b(g)(5); and
(3) the term "" means any offense under Federal or State law punishable by imprisonment for a term exceeding 1 year.
(b) Violation. It shall be unlawful for any person to knowingly purchase, or conspire to purchase, any firearm in or otherwise affecting for, on behalf of, or at the request or demand of any other person, knowing or that such other person—
(1) meets the criteria of 1 or more paragraphs of section 922(d);
(2) intends to use, carry, possess, or sell or otherwise dispose of the firearm in furtherance of a , a Federal crime of terrorism, or a drug trafficking crime; or
(3) intends to sell or otherwise dispose of the firearm to a person described in paragraph (1) or (2).
(c) Penalty.
(1) In general. Except as provided in paragraph (2), any person who violates subsection (b) shall be , imprisoned for not more than 15 years, or both.
(2) Use in felonies, crimes of terrorism, or drug trafficking crimes. If a violation of subsection (b) is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a , a Federal crime of terrorism, or a drug trafficking crime, the person shall be sentenced to a term of imprisonment of not more than 25 years.
History: (Added Pub. L. 117–159, div. A, title II, §12004(a)(1), June 25, 2022, 136 Stat. 1326.)
Simplified explanation
It is a federal crime to knowingly buy a gun, in or affecting interstate or foreign commerce, for someone else (a 'straw purchase') when the buyer knows or has reason to believe that person is barred from having guns, plans to use it in a felony, terrorism, or drug trafficking, or plans to pass it to such a person. Conspiring to do this is also a crime.