§ 478.105 Straw purchases prohibited.

  1. a.(a) Prohibited conduct.

    1. 1.(1) A person may not obtain a firearm from a person licensed under this part by being a straw purchaser of a firearm.

    2. 2.(2) A licensed importer, manufacturer, dealer, or collector may not sell or deliver a firearm knowing or having reasonable cause to believe that the person to whom the licensee transfers the weapon is a straw purchaser.

    3. 3.(3) A “straw purchaser” within the meaning of this section includes:

      1. i.(i) Any person engaged in a straw purchase by making a material false statement, as described in paragraph (b) of this section; and

      2. ii.(ii) Any person engaged in a straw purchase by purchasing for a prohibited person described in paragraph (e) of this section.

  2. b.(b) Straw purchases by making a material false statement. A straw purchase occurs when a person provides material false or fictitious information to a licensed importer, manufacturer, dealer, or collector that the person is the actual purchaser of the firearm when, in fact, the person is acquiring the firearm on behalf of another person.

  3. c.(c) Exclusions. A straw purchase by material false statement, as described in paragraph (b), does not include any of the following activities:

    1. 1.(1) Purchasing a firearm as a bona fide gift for a third party. A transaction does not involve a bona fide gift if the purchaser accepts money, services, or any other consideration of value in exchange for acquiring the firearm.

    2. 2.(2) Purchasing a firearm by a parent or guardian for his or her minor child;

    3. 3.(3) Acquiring or receiving a firearm by a spouse when the other spouse has paid

    4. 4.(4) Redeeming a firearm from pawn or consignment by the lawful owner;

    5. 5.(5) Retrieving a repaired firearm by an individual for a third party;

    6. 6.(6) Collecting a firearm as the winner of a raffle or other award;

    7. 7.(7) Collecting a firearm that was a bona fide gift from another; or

    8. 8.(8) Transferring a firearm in accordance with a lawful inheritance or bequest.

  4. d.(d) Minor child. For purposes of the exception in paragraph (c)(2) of this section, a “minor” is a person under the age of 21. Paragraph (c)(2) of this section shall not be construed to authorize a juvenile, as defined in 18 U.S.C. 922(x)(5), to possess a handgun when prohibited by law.

  5. e.(e) Straw purchases by purchasing for a prohibited person.

    1. 1.(1) A straw purchase occurs when a person knowingly purchases, or conspires to purchase, any firearm on behalf of, or at the request or demand of any other person, knowing or having reasonable cause to believe that such other person:

      1. i.(i) Is prohibited from receiving a firearm under 18 U.S.C. 922(d); or

      2. ii.(ii) Intends to use, carry, possess, or sell, or otherwise dispose of a firearm in furtherance of a felony, a federal crime of terrorism, or a drug trafficking crime; or

      3. iii.(iii) Intends to sell or otherwise dispose of the firearm to another person described in paragraphs (i) or (ii).

    2. 2.(2) The exceptions listed in paragraph (c) of this section to straw purchasing by a material false statement do not apply to a straw purchase by a prohibited person.