Supreme Court rules on 'straw purchaser' gun law

tulsaworld.com ^ | 06/16/2014 | AP

[aimhigh]

A divided Supreme Court sided with gun control groups and the Obama administration Monday, ruling that the federal ban on "straw" purchases of guns can be enforced even if the ultimate buyer is legally allowed to own a gun.

The justices ruled 5-4 that the law applied to a Virginia man who bought a gun with the intention of transferring it to a relative in Pennsylvania who was not prohibited from owning firearms.

[demshateGod]

I will not comply.

[ReaganÜberAlles]

I thought you already had to declare that you were not buying a firearm for someone else on the form you fill out at the gun store.

[E. Pluribus Unum]

THREE FELONIES A DAY: How the Feds Target the Innocent

[BuckeyeTexan]

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

[Colonel_Flagg]

Guess they forgot about “shall not be infringed”.

[GraceG]

Which way did Roberts rule?

[taxcontrol]

So I interpret this as no more giving guns as a gift.

[The_Republic_Of_Maine]

One more reason to move to Maine and help us secede. From the proposed Constitution that will be voted on at the secession vote on June 12, 2018:

Section 6. The Militia and the standing army of 1,000. So as to insure and guarantee the rights guaranteed in this Constitution, every natural born male in the Republic of Maine, upon reaching the age of 18 years from conception through age 67 years from conception, has, as a member of the Militia, the obligation to keep and bear arms for the common defense, for his and his families protection, to defend against this government or any government in the future from becoming oppressive, tyrannical, or in any other way obnoxious to freedom, and to secure the rights written in this Constitution. This obligation shall never be questioned. No law shall be passed that restricts this obligation, except for time in a local jail, county jail or Maine Republic prison. No law shall be passed, test given, or fee assessed to any citizen of the Republic of Maine, age 18 from the age of conception, both male and female, that would restrict in any way that citizens right to be armed either concealed or open. Males who are found to be or confess to being homosexuals are refused entry and from serving in either the Militia or the standing army. Males over the age of 67 may be voluntary members of the Militia with the full rights of Militia members. Natural born males between the age of 16 years from conception to 18 years from conception may volunteer for Militia service with the written permission of parents or guardians. The standing army of 1,000 shall be drawn from the Militia by the commander of the Militia and is under the command of the commander of the Militia who is appointed by and reports directly to the President.

[Abathar]

WTF - I just bought my son his first gun to give him on his birthday, I committed a felony over a stupid Mossberg 500 youth model???????

[Principled]

Which way did Roberts rule?

He ruled that it was a tax.

[grobdriver]

the law applied to a Virginia man who bought a gun with the intention of transferring it to a relative

And they knew this how?

Either they are mind readers, or the fellow was... um... unwise, in stating so.

So firearms for Christmas is out?

[BuckeyeTexan]

Majority: Kagan, Kennedy, Breyer, Ginsburg, Sotomayor

[Gaffer]

There are exceptions for that condition contained in the instructions that accompany the Form 4473. Given that, I’m guessing there is an inter-state aspect to this that doesn’t fall under a ‘relative/gift’ situation.

Regardless, the situation probably arose because of the ‘transfer’ action. I’m guessing that’s more than just selling or giving. It depends on what the laws were.

[reg45]

So! You cannot purchase a firearm as a gift.

[fulltlt]

Former LEO, Bruce James Abramski, Jr. lied on the 4473 form when asked if he was purchasing the gun for himself.

[Lurking Libertarian]

I thought you already had to declare that you were not buying a firearm for someone else on the form you fill out at the gun store.

That's what the form says; the question before the Court was whether you violate the law by lying on that form if you are buying the gun for someone who could have legally bought it himself.

[KoRn]

Does this mean we can no longer ‘gift’ a firearm to someone who is legally permitted to own a firearm without possibly being prosecuted?

[Gaffer]

Go on the web and down load the Form 4473 and INSTRUCTIONS. There are exceptions given for relative gifts. Check it out.

[RIghtwardHo]

yeah, I thought so too. Been awhile since I bought mine but I seem to remember that.