Under 18 U.S.C. §932 (added by BSCA), a straw purchase occurs when a buyer purchases or attempts to purchase a firearm on behalf of another person who is prohibited or who wishes to conceal their identity. BSCA created standalone federal trafficking and straw-purchase offenses with up to 25 years in prison. The FFL's role is to STOP the transaction at the counter when red flags are present — not to investigate.
The buyer certifies they are the actual transferee/buyer. A YES answer to "Are you the actual transferee/buyer?" that is later proven false is a federal felony for the buyer AND can expose the FFL if the FFL knew or had reasonable cause to believe it was false. Train staff that "knew or had reasonable cause to believe" is the standard — not "had absolute proof."
You cannot un-transfer a firearm. If red flags are present and the transaction is stopped before transfer, document why and decline. If red flags emerge after the transfer is complete, file an FFL Theft/Loss-style notification or contact your local ATF Industry Operations office.
Watch who points at the gun, who asks the questions about caliber/capacity/features, and who pulls out the wallet. If the person filling out the 4473 is not the one making the actual buying decisions, that is the strongest single red flag.
Direct verbal admission that the firearm is for someone else. Stop the transaction immediately.
Money flowing through the buyer rather than from the buyer is a textbook indicator. The transferee on the 4473 must be the actual buyer using their own funds.
A buyer who cannot answer basic questions about caliber, action type, or how to load the firearm — while a companion can — is a strong indicator the buyer is not the actual user.
Looking at another person before answering questions, asking the companion how to spell their own address, or having the companion read the 4473 questions aloud are all flags.
Three friends each buying the same model of handgun on the same afternoon, all paid for in cash, can indicate a trafficking operation. Combine with the multiple-sale reporting checklist for handguns.
"It's for my boyfriend." "It's a gift for my brother who can't come in himself." "My friend would buy it but he doesn't have time." Any statement indicating the firearm is for someone else means the buyer cannot lawfully answer YES to question 21.a — STOP the transaction. (Note: a TRUE gift, where the buyer pays with their own funds and gives it freely later as a gift, is lawful, but the buyer must still be the actual transferee.)
"My cousin can't pass NICS so I'm getting it for him." This is an admission of a straw purchase AND a federal felony. STOP and notify ATF.
Cash purchases are lawful, but a buyer producing exactly $X in cash from an envelope, particularly for a high-value transaction, combined with other indicators, is a flag. Asking how to "split" a payment to avoid reporting (CTR or otherwise) is a flag.
Questions about removing serial numbers, converting semi-auto to automatic, drilling auto-sear holes, or shortening barrels below NFA limits without an SBR registration. Any of these warrants stopping the transaction and considering an ATF report.
There are no untraceable firearms from a licensed FFL — every transfer goes through a 4473 and NICS. A buyer asking for one is signaling intent that you cannot lawfully fulfill.
If you decline a transaction based on straw-purchase red flags, write down the date, time, customer name (if 4473 was started), specific red flags observed, and which staff member made the decision. Retain the partial 4473 (if started) per record retention rules. This documentation protects the FFL if the customer complains or if ATF later investigates.
An FFL is never required to complete a transfer. You can decline for any non-discriminatory reason at any point before transfer. You do not need to explain a refusal beyond "I'm not comfortable completing this transaction."
If you stopped a transaction but believe a crime is being attempted, you can call ATF's tip line at 1-888-ATF-TIPS (1-888-283-8477) or contact your local Industry Operations field office. ATF welcomes FFL tips on suspected straw purchases — this is a primary BSCA enforcement input.
Make red-flag identification part of new-hire training and document refresher training each year. ATF Industry Operations Inspectors increasingly ask about straw-purchase prevention training during compliance inspections under the post-zero-tolerance graduated-action framework.
ATF and NSSF jointly publish "Don't Lie for the Other Guy" materials including a checklist of straw-purchase indicators for FFLs and customers. Post the customer-facing version visibly at the counter — it deters straw purchasers and demonstrates due diligence to inspectors.