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In 5-4 Decision SCOTUS Says Straw Purchaser Laws
#1
... are constitutional.


http://www.nbcnews.com/news/us-news/divi...ns-n132126

Quote:Divided Supreme Court Shoots Down 'Straw' Purchases of Guns
BY PETE WILLIAMS
The Supreme Court on Monday upheld a federal law that makes it a crime for one person to buy a gun for another while lying to the dealer about who the gun is for.

Federal law considers that a straw-man purchase, and the person who does it is called a straw buyer. The law was challenged by Bruce Abramski, a former policeman who bought a gun for his uncle, assuming that by showing his old police ID, he could get a discount — even though his uncle could have legally purchased the gun.

Abramski was charged with violating the law after he falsely checked "yes" on the federal form asserting that he was the actual buyer.

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Writing for the court in a 5-4 majority opinion, Justice Elena Kagan said the law helps keeps guns out of the hands of those not legally able to buy them, including those with mental illness or previous felony convictions. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented.

Here's the SCOTUS transcripts, docket, decision and lower circuit ruling and the amicas from the usual suspects:
http://www.scotusblog.com/case-files/cas...ed-states/



The case basically boils down to cop privilege [EDIT: CORRECTION] thinking the answers to the questions on the form are not a big deal, when answering any question untruthfully would result in having your ass exposed and handed back to you on a plate. He was caught, and that's how it goes.

NRA was thinking this might be an opportunity to mess with straw purchaser laws since the transfer was in-family and both people were registered firearms owners. Didn't work out that way.

Don't lie on transfer forms. If you're gonna purchase a gun for someone else, then answer the questions correctly on the forms if you're transferring.
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#2
Well, I'm sure this will help reduce violence in Detroit, Camden, Chicago, etcetera etcetera, yadda yadda yadda, ad nauseam.
tolerance for failure meter... LOW
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#3
Getting tired of the old 5-4 decisions.
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#4
Quote:A former state police officer, Abramski got caught up — mistakenly – in a federal investigation of a bank robbery in Rocky Mount in 2009, apparently because he was said to look like the bank robber, although the robber was masked. Abramski was ultimately cleared of any role in the bank robbery and of any federal charges related to the robbery.

However, during the federal investigation of Abramski, FBI agents searched his former residence in Rocky Mount. That search turned up a receipt that his uncle, Angel Alvarez, had written to him for buying a Glock 19 handgun.

Federal prosecutors later said that Abramski, at his uncle’s request, had bought the Glock from a dealer in Collinsville, Virginia, who catered to police officers seeking guns. He allegedly completed the government form, saying “yes” to the question about whether he was the actual buyer. His uncle had sent him a $400 check for the weapon, the government said. The gun was later transferred to his uncle, according to prosecutors, through a firearms dealer in Easton, Pennsylvania.

http://www.scotusblog.com/2014/01/argume...un-buyers/
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#5
ArcticSplash;146600 Wrote:
Quote:A former state police officer, Abramski got caught up — mistakenly – in a federal investigation of a bank robbery in Rocky Mount in 2009, apparently because he was said to look like the bank robber, although the robber was masked. Abramski was ultimately cleared of any role in the bank robbery and of any federal charges related to the robbery.

However, during the federal investigation of Abramski, FBI agents searched his former residence in Rocky Mount. That search turned up a receipt that his uncle, Angel Alvarez, had written to him for buying a Glock 19 handgun.

Federal prosecutors later said that Abramski, at his uncle’s request, had bought the Glock from a dealer in Collinsville, Virginia, who catered to police officers seeking guns. He allegedly completed the government form, saying “yes” to the question about whether he was the actual buyer. His uncle had sent him a $400 check for the weapon, the government said. The gun was later transferred to his uncle, according to prosecutors, through a firearms dealer in Easton, Pennsylvania.

http://www.scotusblog.com/2014/01/argume...un-buyers/

Read Justice Scalia's dissent. Starts on page 26.

http://www.supremecourt.gov/opinions/13p...3_k5g1.pdf
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#6
Yup.

The government really needs to define when the line is crossed between a straw purchase and a legitimate transfer, or moreover--complete exempt people from prosecution when both parties in a gun sale transaction are both registered firearms owners.



I've watched straw purchase attempts happen in gun stores before, right in front of my face. There's got to be a way to make this line bright and not fuck it up for everyone else who has no intention to go bangin'. The Virginia FBI nailed this ex-cop to the wall. Probably in retaliation for something else but isn't mentioned in the case.
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#7
The thing that burrs my saddle about this case is that the "5" feel that the government has an inalienable right to track your weapon, over your inalienable right to legally bear arms. I can find one in the US Constitution, but can't find the other.
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#8
ArcticSplash;146603 Wrote:Yup.

The government really needs to define when the line is crossed between a straw purchase and a legitimate transfer, or moreover--complete exempt people from prosecution when both parties in a gun sale transaction are both registered firearms owners.



I've watched straw purchase attempts happen in gun stores before, right in front of my face. There's got to be a way to make this line bright and not fuck it up for everyone else who has no intention to go bangin'. The Virginia FBI nailed this ex-cop to the wall. Probably in retaliation for something else but isn't mentioned in the case.

Well... How many other people have suffered because of long standing vagaries in the law? Yeah... A bunch of shit that it continues, IMO.
tolerance for failure meter... LOW
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#9
I don't understand why it was wrong to purchase the gun himself and then legally transfer it to his uncle.... So wasn't he the owner for a few days until the transfer? I mean.... If I give a friend $8000 to buy a used car, the car is still his car until he legally transfers it to me. If we both have licenses, it's no big deal. I realize that's a car, not a gun.... But it's not like this was somebody buying a gun for some thug.
Error 396: Signature cannot be found.
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#10
(06-16-2014, 10:54 PM)RugerGirl Wrote: I don't understand why it was wrong to purchase the gun himself and then legally transfer it to his uncle.... So wasn't he the owner for a few days until the transfer? I mean.... If I give a friend $8000 to buy a used car, the car is still his car until he legally transfers it to me. If we both have licenses, it's no big deal. I realize that's a car, not a gun.... But it's not like this was somebody buying a gun for some thug.

Apparently he stated to someone before the transfer to the uncle, that it was for the uncle. He should have just bought it, shut up , and claimed that after he purchased it he didn't like it and his uncle took it off his hands.
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