Posted on Sunday, September 1st, 2024 at 3:45 pm
A person may wish to buy a firearm on behalf of another person. But can you straw purchase a gun in Ohio? Straw purchases of firearms defeat the purposes of federal firearms background checks. As such, the law can make it a crime for someone to buy a gun for another person. Before you purchase a firearm for someone else, you should understand Ohio’s laws against straw purchases. That way, you can avoid the possibility of an arrest and conviction.
Understanding Straw Purchases of Firearms
A “straw purchase” of a firearm refers to an illegal transaction where a person buys a firearm on behalf of another individual who cannot pass the required background check to purchase firearms or who does not want to associate their name with the transaction. The term “straw purchase” comes from the fact that the person purchasing the firearm acts as a “strawman” for other person.
Most jurisdictions in the U.S. have outlawed straw purchases of firearms. These purchases defeat the purpose of firearms background checks—to prevent individuals barred from possessing weapons from purchasing firearms. Laws against straw purchases of firearms hold the person serving as the proxy for the purchase criminally liable for purchasing a weapon on behalf of another individual, especially if they engage in gun violence.
Ohio Law on Straw Purchases
Ohio’s criminal code prohibits various types of straw purchases of firearms. The law makes it a crime for a person to:
- Recklessly sell, lend, give, or furnish a firearm to a person prohibited by Ohio law from acquiring or using a firearm.
- Possess a firearm with the intent to sell, lend, give, or furnish it to a person prohibited from acquiring or using a firearm.
- Knowingly solicit, persuade, encourage, or entice a federally licensed firearms dealer or private seller to transfer a firearm to a person in any manner prohibited by state or federal law.
- Knowingly provide materially false information to a federally licensed firearms dealer or private seller with the intent to deceive them.
- Knowingly solicit, procure, persuade, encourage, or entice a person to solicit, persuade, encourage, or entice a federally licensed firearms dealer or private seller to transfer a firearm to a person in any manner prohibited by state or federal law or provide materially false information to a federally licensed firearms dealer or private seller with an intent to deceive them.
Other Penalties
The law also makes it a crime for a person to:
- Sell or furnish a firearm to a person younger than 18
- Sell or furnish a handgun to a person younger than 21
- Sell or furnish a firearm or hand to an adult knowing or having reason to know that they intend to furnish the firearm or handgun to a person younger than 18 or 21, respectively.
- Purchase a firearm with the intent to sell it to a person younger than 18
- Purchase a handgun with the intent to sell to a person younger than 21
Straw purchasing a gun also constitutes a federal crime, as the U.S. Code makes it illegal for a person to knowingly purchase or conspire to purchase a firearm in interstate or foreign commerce for, on behalf of, or at the request of another individual, knowing or having cause to know that individual intends to use, possess, or dispose of the firearm in furtherance of a felony, a drug trafficking crime, or federal crime of terrorism or cannot lawfully possess a firearm under federal law.
Consequences of Agreeing to Make a Straw Purchase
A person who conducts a straw purchase of a gun in Ohio may face criminal prosecution for unlawful transaction of weapons or improperly furnishing firearms to a minor. A criminal conviction for making a straw purchase of a firearm carries various penalties. These depend on the grading of the offense. A straw purchase crime can range from a fourth-degree misdemeanor to a third-degree felony. Penalties for a conviction for a firearms straw purchase include:
- Fourth-degree misdemeanor: Up to 30 days in jail and a fine of up to $250
- Second-degree misdemeanor: Up to 90 days in jail and a fine of up to $750
- Fifth-degree felony: Six to 12 months imprisonment, mandatory one-year community control for a defendant with no prior felony convictions, and a fine of up to $2,500
- Fourth-degree felony: Six to 18 months imprisonment, mandatory one-year community control for a defendant with no prior felony convictions, and a fine of up to $5,000
- Third-degree felony: Nine to 36 months imprisonment and a fine of up to $10,000
Defenses to Straw Purchase Charges
A defendant may have various legal or factual defenses for an alleged straw firearm purchase. Some of the most common defenses against criminal charges for straw purchasing of firearms include:
- Lack of intent: A defendant may claim that they did not intend to purchase a firearm on behalf of a person who could not legally possess one or did not know that they provided materially false information during a firearm transaction.
- Lawful gift: A defendant alleged to have conducted a straw purchase may argue that they acquired the firearms to gift it to someone who could lawfully own or possess a firearm.
- Unlawful searches/questioning: Defendants may seek to exclude evidence from the prosecution’s case by arguing that investigators obtained evidence or statements by conducting an unlawful search or interrogation.
How Can a Criminal Defense Attorney Help You?
After getting arrested for making an illegal straw purchase of a gun in Ohio, a criminal defense lawyer can help you pursue a favorable resolution to your charges that protects your reputation, freedom, and future by:
- Independently investigating your charges to obtain evidence for your defense
- Reviewing the facts of the case to identify possible defense strategies
- Explaining your charges and the possible outcomes of the case to you
- Providing tailored advice at each stage of the case to help you make informed decisions
- Challenging the prosecution’s case, including filing motions to exclude evidence unlawfully obtained by investigators
- Advocating in your defense at trial if you choose to fight your charges.
Contact Moermond & Mulligan, LLC Today for Legal Advice About Straw Purchases
Are you under investigation for participating in a straw purchase of a firearm in Ohio? If so, you need experienced legal counsel to protect your rights and interests from an arrest or conviction. Call Moermond & Mulligan, LLC today at (513) 421-9790 for a free, confidential consultation with an experienced weapons charges defense lawyer in Ohio. Our attorneys have the legal knowledge and have a proven track record of success. We can help you with your case.