NCJ Number
199799
Date Published
2002
Length
7 pages
Annotation
This video assists firearms salespersons in recognizing and deterring strawman purchases.
Abstract
A strawman is used because the actual purchaser of firearms is prohibited from acquiring the firearm. Section 12(a) of the Form 4473 states that the individual filling out the Alcohol, Tobacco, and Firearms (ATF) Form 4473 firearms transaction record must be purchasing the firearm for himself or herself or as a gift. It is illegal for an individual to have another person buy him or her a firearm, commonly known as a strawman purchase. Many retailers routinely engage their customers in a series of questions to determine the customer’s wants and needs. Retailers can provide a valuable service to law enforcement and to the community by including a couple of questions regarding the identity of the actual purchaser in a pre-sales screening. An effective way to do this is to establish a store policy that every potential firearm purchaser will be asked the same sequence of questions. Questions to ask all purchasers the retailer does not personally know are: (1) whether the firearm is for the purchaser or someone else; (2) if for someone else, is it a gift; (3) what the intended use is, such as personal protection, deer hunting, or target shooting; and (4) what type of firearm purchaser is interested in or most comfortable with. An experienced salesperson should normally pick up on suspicious acting customers that may appear nervous or evasive in their communications. If suspicions arise, it is wise to follow the precautionary principle of politely refusing the sale to protect the retailer from the risk of contributing to a possible illegal transaction. It does not matter if both the straw purchaser and the actual buyer can legally acquire firearms. By falsely claiming on the form who the actual buyer is, both parties commit a Federal felony. The dealer violates the law as well if aware of the false statements on the form. A conviction for providing false information can result in a 10-year prison term and a fine of up to $250,000 for both the actual purchaser and the straw purchaser.