Cracking Down on Straw Buys: ATF Targets Proxy Gun Purchases
Published Date: 5/6/2026
Proposed Rule
Summary
The ATF is proposing clearer rules to stop 'straw purchases,' where someone buys a gun for another person who can’t legally buy one. This affects gun buyers, sellers, and the whole firearms community by tightening the law to prevent illegal gun sales. You’ve got until August 4, 2026, to share your thoughts before these changes could roll out.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
No exceptions for prohibited-person purchases
The rule makes clear that the exceptions in the rule (gifts, parental purchases, spouse purchases, pawn redemption, repair pickup, raffles, inheritance) do not apply when the purchase is made for a person who is prohibited from receiving a firearm under federal law or when the purchaser knows or has reasonable cause to believe the firearm will be used in a felony, terrorism, or drug trafficking. In particular, a spouse buying for a prohibited spouse is prohibited.
Clear ban on straw purchases
The rule says you may not obtain a firearm from a licensed seller by acting as a "straw purchaser," and a licensed importer, manufacturer, dealer, or collector may not sell a firearm if they know or have reasonable cause to believe the buyer is a straw purchaser. This restates and clarifies existing law and would apply to people who buy guns and to federal firearms licensees (FFLs).
Exceptions defined (gifts, parents, spouses)
The rule lists specific situations that are not straw purchases: bona fide gifts (unless the purchaser accepts money or other value), purchases by a parent or guardian for a minor (a "minor" is defined as under age 21), purchases where one spouse pays and both spouses live at the same address, pawn/consignment redemption, repaired firearm retrieval, raffle winners, bona fide gifted firearms, and lawful inheritance or bequest. A purchase is not a "bona fide gift" if the purchaser accepts money, services, or other consideration in exchange for the firearm.
FFL duty to refuse suspected straw buyers
The rule explicitly requires licensed importers, manufacturers, dealers, and collectors to not sell or deliver a firearm when they know or have reasonable cause to believe the buyer is a straw purchaser. This places a clear onus on FFLs to refuse transfers in those circumstances.
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Key Dates
Department and Agencies
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