Texas-Book-Gun Law Armed And Educated - Flipbook - Page 100
Crystal is not the “actual buyer” (she is legally a “straw man”)
of the firearm and if she indicates that she is the “actual buyer”
of the firearm on ATF Form 4473, she has committed a federal
crime. However, it should be noted that the Supreme Court ruling
in Abramski reaffirmed that “gifts” of firearms are not illegal
straw man purchases. The important element in this crime is who
provided the money for the purchase.
When completing ATF Form 4473, if a person checks “yes” to the
box asking if the person is the “actual purchaser,” then that person
cannot have engaged in a separate transaction to sell or transfer
the firearm privately. Please note: the Supreme Court’s ruling held
that a person cannot legally purchase a firearm on behalf of another
even if the person receiving the firearm would not otherwise be
prohibited from making the purchase themselves. So don’t buy a
firearm for another person no matter how good a friend, relative, or
person they are—it is a crime!
Purchasing, Transferring, And Possessing Firearms | 89
