“...The decision stems from a 2009 case in which former police officer
bought a discounted gun and then sold it to his uncle...”
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I’m over 60.
Over the last 40 plus years I have given several guns as gifts
and I have been given several guns as gifts.
The federal government can not stop that unless they create a national gun registry.
A national gun registry will NOT stop the movement of guns between individuals. It will ONLY stop the movement of guns between law abiding sheeple. Society’s unconscionable ne’er-do-wells will continue to share their hardware on an adhoc basis.
Apart from the tendency of law abiding sheeple to remain in compliance with whatever anti-Constitutional edicts emanate from Mordor on the Potomac (Thx, Mike Church), a national gun registry will only come into play when a firearm is of interest to the LEO community; and, then, only to the extent that a registry can provide the chain of custody of said firearm.
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http://www.supremecourt.gov/qp/12-01493qp.pdf
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12-1493 ABRAMSKI V. UNITED STATES
DECISION BELOW: 706 F.3d 307
LOWER COURT CASE NUMBER: 11-4992
QUESTION PRESENTED:
When a person buys a gun intending to later sell it to someone else,
the government often prosecutes the initial buyer under 18 U.S.C. § 922(a)(6)
for making a false statement about the identity of the buyer that is
“material to the lawfulness of the sale.”
These prosecutions rely on the court-created “straw purchaser” doctrine,
a legal fiction that treats the ultimate recipient of a firearm as the
“actual buyer,” and the immediate purchaser as a mere “straw man.”
The lower courts uniformly agree that a buyer’s intent to resell a gun
to someone who cannot lawfully buy it is a fact
“material to the lawfulness of the sale.”
But the Fourth, Sixth, and Eleventh Circuits
have split with the Fifth and Ninth Circuits
about whether the same is true when the ultimate recipient
can lawfully buy a gun.
The questions presented are:
1. Is a gun buyer’s intent to sell a firearm
to another lawful buyer in the future a fact
“material to the lawfulness of the sale”
of the firearm under 18 U.S.C. § 922(a)(6)?
2. Is a gun buyer’s intent to sell a firearm
to another lawful buyer in the future a piece of information
“required ... to be kept” by a federally licensed firearm dealer
under § 924(a)(I)(A)?
CERT. GRANTED 10/15/2013