Should Penalties for Straw Purchases of Firearms be Increased? (H.R. 4939)

What is H.R. 4939?

(Updated February 20, 2020)

This bill — the STOP Straw Purchases Act — would amend the federal criminal code to establish new offenses for straw purchases of firearms. Specifically, this bill would create new federal offenses for inducing another person to make false statements to a licensed gun dealer about the actual identity of a firearm purchaser; and for obtaining a firearm by inducing another person to make false statements to a licensed gun dealer claiming to be the actual firearm purchaser.

This bill would also establish an enhanced penalty for a criminal offense involving a false statement to a licensed gun dealer in connection with a firearm acquisition, if the false statement misrepresents the actual identify of a firearm purchaser. The maximum punishment for the purchase and the receiver (defined as a person who transfers a firearm with reasonable cause to believe it will be used in a drug crime or violent crime) would be increased to a fine of up to $750,000 and a prison term of up to 25 years. Current law allows a fine of up to $250,000 and a person term of up to 10 years.

This bill also includes a “Kingpin Clause” that would make it illegal for any person affecting interstate commerce to have straw purchasers acquire firearms to enable a gun trafficking enterprise. This clause would affect anyone trying to traffic weapons across state lines, and would subject the kingpin to a fine of up to $1 million and a prison term of up to 30 years.

Finally, this bill would direct the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to include a statement outlining penalties for acting as the straw purchaser of a firearm on the Firearms Transaction Record form.

Argument in favor

Straw purchases of firearms are the leading source of trafficked guns, which are in turn often used in violent crimes. Increasing the punishment for this crime will help both deter the crime itself and more severely punish those who commit it in a manner that’s commensurate with their crimes.

Argument opposed

Straw purchases of firearms are already illegal at the federal level and have strong penalties (a fine of up to $250,000 and up to 10 years imprisonment). There’s no need to further raise the punishment for this crime. Instead, Congress should crack down on gun sellers with a track record of selling guns that are later tied to crimes.

Impact

Firearms purchasers; firearms sellers; straw purchases of firearms; and punishment for straw purchasers of firearms.

Cost of H.R. 4939

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Don Bacon (R-NE) reintroduced this bill from the 115th Congress to increase penalties for purchasing firearms for prohibited persons:

“Most of the gun-related crime is committed by someone who should not have access to a firearm, but they are able to get it because someone else makes the purchase. Local law enforcement have said this is one of their top priorities. This was the case with Omaha Police Officer Kerrie Orozco who was killed in the line of duty and the gun used was obtained through a straw purchase. The purchaser walked away with a slap on the wrist. By closing loopholes and increasing maximum punishments for violators, this legislation will help to deter criminals from illegally obtaining firearms and bring justice and safety to our affected communities.”

Original cosponsor Rep. Gil Cisernos (D-CA) adds: 

“We must do more to end the epidemic of gun violence in our country and get illegal firearms off the streets and out of our communities. Data shows that straw purchases account for a high volume of trafficked guns and that gun dealers are often willing to sell guns to people who are asking to purchase guns on behalf of someone else. I’m proud to join Congressman Bacon in this common-sense legislation that supports our law enforcement and keeps guns out of the hands of those who should not have access to a firearm.”

This legislation has two bipartisan cosponsors (one from each party) in the 116th Congress. Last Congress, it had one cosponsor, Rep. Salud Carbajal (D-CA), and didn’t receive a committee vote.

Of Note: Straw purchasing — gun purchases in which the purchaser is actually buying a gun on a prohibited purchaser’s behalf instead of for themselves — is the most common channel identified in gun trafficking investigations. According to a national survey of firearm licensees, there are over 30,000 attempted straw purchases each year, and more than two-thirds (66%) of gun dealers experienced at least one attempted straw purchase in the year before the survey. In another investigation, researchers found that one in five (20%) of gun dealers were willing to sell guns to people explicitly asking to buy firearms for others.

Jonathan Lowy, vice president of litigation at the Brady Center to Prevent Gun Violence, says “about 90% of gun dealers sell zero weapons that are traced to crimes in a given year,” while “about 5% of gun dealers selling [to] virtually the entire criminal market.”

Currently, Title 18 of the U.S. Code makes straw purchases a federal offense because straw purchasers make false statements to federally licensed firearms dealers on behalf of purchasers who are prohibited from buying firearms. People prohibited from buying firearms include: convicted felons, those convicted of domestic violence, juveniles, the mentally ill, those who have been dishonorably discharged from the military, and unlawful users of controlled substances.

Media:

• Sponsoring Rep. Don Bacon (R-NE) Press Release
  
• The Ripon Advance
  
• Giffords Law Center (Context)