Federal Straw Purchase of a Gun (Federal District Court of Arizona) – Probation - 4/24/2017
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My Client purchased a .50 caliber rifle through a straw purchaser. A straw purchase is when a person who is prohibited from buying firearms enlists another person to buy a gun on their behalf.
My client pleaded guilty to the offense and was facing a federal guideline sentence of 10 months despite the fact that he had no criminal history.
“Prohibited Possessors” under Arizona statute §13-3101 Definitions
"Prohibited possessor" under statute §13-3101 Definitions means any person:(a) Who has been found to constitute a danger to himself or to others pursuant to court order under section 36-540, and whose court ordered treatment has not been terminated by court order.
(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a gun or firearm has not been restored.
(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.
(d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.
(e) Who is a prohibited possessor under 18 United States Code section 922(g)(5), except as provided by 18 United States Code section 922(y).
(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a gun or firearm has not been restored.
(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.
(d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.
(e) Who is a prohibited possessor under 18 United States Code section 922(g)(5), except as provided by 18 United States Code section 922(y).
Here’s what happened
A drug dealer was arrested, and the illegal gun was found in their possession. The weapon was eventually traced back to the gun store, the straw purchaser, and then my client.My client pleaded guilty to the offense and was facing a federal guideline sentence of 10 months despite the fact that he had no criminal history.
