Under state and federal laws, it is illegal for a person to use their own information on firearm paperwork to purchase a gun for someone who cannot lawfully have one.
Engaging in this activity is called straw purchasing, and it is prohibited because it circumvents the background check process a person must go through when they are buying a gun.
An individual could be ineligible to possess a firearm for various reasons, including:
- Being convicted of a felony crime
- Being convicted of a crime that has a prison sentence of more than one year
- Attempting to commit a felony
- Being convicted of domestic violence
State Laws Concerning Firearm Straw Purchases
In Colorado, C.R.S. 18-12-111 prohibits firearm straw purchases. The law states that it is illegal for an individual to knowingly obtain or transfer a gun to someone they know is ineligible for this right. Violators could be charged with a class 4 felony. If convicted, the purchaser could spend 2 to 4 years in prison and face $2,000 to $500,000 in fines.
Additionally, under statute 18-12-111, firearms dealers must post the provisions of this law in an area that is visible to the public. Failure to do so could result in a class 2 petty offense charge, which is punishable by a $250 fine.
Federal Laws Prohibiting Straw Purchase
According to 18 U.S.C. 922(d), it is illegal for a person to sell or give a firearm to a person who is not allowed to possess a gun or ammunition. Violators could face up to 10 years in prison and up to $250,000 in fines.
For Fierce Legal Defense, Contact Gerash Steiner & Blanton, P.C. — Your Initial Consultation Is Free
Understanding that each case is unique, we work closely with individuals charged with felony crimes to build innovative strategies for their situations. When you work with our team, we will maintain open and consistent communication to thoroughly understand your circumstances and fight the allegations made against you.
Our attorneys will work tirelessly to seek a favorable outcome on your behalf. To schedule your free consultation, call us now or contact us online.