When someone purchases a firearm, they need to be legally allowed to buy and possess that gun. Not everyone is. For instance, someone who has a violent felony on their record may be prohibited from buying a firearm. They’re not going to pass the background check.
A straw gun purchase is the intentional act of circumventing this background check by buying a gun for someone else, deliberately doing so because that person would fail the background check.
For instance, say that you have a friend who has a felony on their record and they want to buy a new hunting rifle. They know that they cannot do so, so they give you $2,000, and you buy the gun on their behalf. You sign the paperwork indicating that you’re purchasing it for yourself, but you then give the gun to your friend, who paid you for it. This is a straw purchase, and it is illegal, so it could result in serious criminal charges.
Can’t you give a gun as a gift?
Yes, under Arkansas law, you are allowed to give a firearm as a gift. It’s not necessarily illegal to buy a gun for someone else or transfer it to them.
But even when you are gifting them the firearm, you still have to ensure that it’s legal for them to own it. If it’s not, then you are committing a federal felony by giving it to them. This could be done unintentionally if you simply don’t realize that they are prohibited from accepting the gift. But when it’s done intentionally, and they pay you for it in advance, then it’s known as a straw purchase.
Either way, you could find yourself facing very serious charges. Take the time to carefully look into all of your legal defense options.