Straw Purchase of a Regulated Firearm in Maryland (Md. PS § 5-141)
Your cousin can't pass a background check. You can. He gives you the cash, you walk into a dealer in Bowie, fill out the Form 4473, take the regulated firearm home, and hand it to him in the parking lot. The State of Maryland calls that a straw purchase, and the prosecutor will charge you under Md. Public Safety § 5-141.
The federal government will probably charge you too. ATF Special Agents have been working straw purchase referrals out of the Baltimore Field Division since 2022, and the federal exposure (18 U.S.C. § 922(a)(6) and 18 U.S.C. § 932 after the Bipartisan Safer Communities Act) is steeper than the State exposure.
What the statute says
Section 5-141 of the Maryland Public Safety Article reads:
"A dealer or other person may not be a knowing participant in a straw purchase of a regulated firearm for a minor or for a person prohibited by law from possessing a regulated firearm."
"A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both."
"Each violation of this section is a separate crime."
Three pieces of statutory text drive every § 5-141 case.
First, the firearm has to be a "regulated firearm." Under PS § 5-101, that means a handgun or a designated assault weapon. A standard long gun is not covered by this statute, although other Maryland and federal laws may apply.
Second, the recipient has to be a minor or a "prohibited person." Maryland's prohibited-person list includes convicted felons, people with disqualifying mental health adjudications, people under a final protective order, certain misdemeanor convictions, and anyone under 21 unless an exception applies.
Third, the State has to prove you were a "knowing participant." Knowledge of the buyer's status is the element the State has the most trouble with at trial.
The penalties
A straw purchase conviction in Maryland is a misdemeanor in label only:
- Up to 10 years of imprisonment.
- Up to a $25,000 fine.
- Each transfer is a separate crime, so multiple-gun cases get charged as multiple counts.
Add federal exposure under 18 U.S.C. § 932, which carries up to 15 years federal, and up to 25 years if the straw purchaser knew or had reasonable cause to believe the firearm would be used in a felony, drug trafficking, or terrorism offense.
A § 5-141 conviction also makes you a federally prohibited person forever. That means no future firearm ownership without a presidential pardon or relief that almost never gets granted.
How the State proves it
The State has to prove four elements beyond a reasonable doubt:
- A transfer of a regulated firearm occurred.
- The eventual recipient was a minor or a prohibited person.
- You participated in the transfer.
- You knew the recipient's status.
The transfer element is almost always provable through the dealer's records and the Form 4473. The recipient's status is provable through a criminal history printout. Element four, knowledge, is where the real fight happens.
Defenses that work
- No knowledge of prohibited status. The State has to prove you knew or had reason to know the recipient was a minor or a prohibited person. If your cousin told you he was clear, never mentioned a prior conviction, and you had no reason to know otherwise, the knowledge element is in play. This defense gets weaker fast if there are text messages or recorded jail calls discussing the transfer.
- No straw purchase, lawful gift. Maryland allows certain intra-family transfers. A genuine gift to a non-prohibited adult family member is not a straw purchase. The State has to prove the firearm was purchased for a prohibited person, not that it was later transferred.
- No transfer to the prohibited person. If the State cannot show the gun made it from your hands into the prohibited person's hands, the case collapses. Recovery of the firearm matters.
- Suppression of the Form 4473 and dealer interview. ATF agents often interview straw purchasers without Miranda warnings on the theory that the interview is consensual. If the interview crossed the line into custody, the statements are suppressible.
- Federal-State double-charging strategy. When the U.S. Attorney's Office picks up the case, the State often dismisses. Coordinated representation in both forums sometimes lets the case resolve in only one.
Who gets charged most often
Two patterns we see repeatedly in Maryland:
- The girlfriend or boyfriend of a person with a prior felony conviction.
- The cousin, sibling, or friend of a person who is too young to buy a handgun (under 21) or who is under a protective order.
The State's investigators (Maryland State Police and ATF) trace the gun back from a crime scene or a traffic stop to the original purchase, then knock on the purchaser's door. The interview at the door is the State's case. Do not give it.
Related charges
A straw purchase case rarely shows up alone. Common additional charges:
- Felon in possession of a firearm charged against the recipient
- Use of firearm in a crime of violence (CR § 4-204) if the gun was used in a later offense
- False statement on a firearm application under Md. PS § 5-139 (up to 3 years, $5,000 fine)
- Federal 18 U.S.C. § 922(a)(6) and § 932 charges
- Illegal possession of ammunition if ammunition was found
Prince George's County and DC-corridor practice notes
Prince George's County and the I-95 corridor see the highest volume of straw purchase prosecutions in Maryland, often referred up from PG County PD to ATF after the firearm shows up at a Maryland crime scene or in DC. The U.S. Attorney's Office for the District of Maryland prosecutes the federal piece out of Greenbelt and Baltimore. See our Prince George's County gun lawyer page and Greenbelt gun lawyer page.
Don't talk, don't sign, don't return the call
If an ATF agent or a state trooper calls you about a gun you bought, three rules:
- Do not talk to the agent without a lawyer in the room.
- Do not sign a written statement.
- Do not consent to a search of your phone, car, or home.
Contact us for a free consultation. We defend Md. PS § 5-141 cases in Prince George's County, Anne Arundel County, and across Maryland, and we coordinate with federal counsel when the case crosses into U.S. District Court. Contact FrizWoods.