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Supreme Court rules on 'straw purchaser' gun law
tulsaworld.com ^ | 06/16/2014 | AP

Posted on 06/16/2014 9:51:05 AM PDT by 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.

(Excerpt) Read more at tulsaworld.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: banglist; scotus; straw; strawpurchases; supremecourt
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To: Lurking Libertarian
But this is what I was wondering:

Police later arrested Abramski after they thought he was involved in a bank robbery in Rocky Mount, Virginia. No charges were ever filed on the bank robbery, but officials charged him with making false statements about the purchase of the gun.

The cynic in me says the "bank robbery" was an excuse to,
1) Make the arrest
2) Get their hands on the weapon
because someone, somewhere, had a hard-on for this guy in the first place and was just making the circumstances match their conclusion.

Bottom line is I did not see why this transaction ever came to light in the first place.

81 posted on 06/16/2014 10:49:19 AM PDT by grobdriver (Where is Wilson Blair when you need him?)
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To: The_Republic_Of_Maine
"One more reason to move to Maine and help us secede."

Uhhh, right....sure.

Maine has SUCH a conservative history; Collins, Snowe, King, Markey, two sitting US Reps, both 'Rats, only two out of last seven Governors were Pubbies, Senate President a 'Rat, 'Rat majority in both houses, voted for 'Rat in last six Presidential elections.

And you REALLY believe the state would vote to secede? With constitutional provisions like you posted?

Ya'all must grow some good stuff up there.

This southern conservative considers Maine to be New Jersey with a flannel shirt and a funny accent. And I'm not alone.

82 posted on 06/16/2014 10:50:24 AM PDT by diogenes ghost
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To: BuckeyeTexan

Yea I could win a jury trial on this charge most of the time.
But the facts here were just terrible for the defense.
I mean he cashed the check with the memo describing the gun before he bought it.
Then the cops had sour grapes after they suspected him of a robbery and turned out to be wrong.
So they strung him up on a technical charge regarding the gun transfer.
But folks, let’s get something straight.
No matter what the law and the courts say, we still have a lot of power.
As long as we don’t surrender or comply with registration or confiscation I think we will be okay.
Too bad Kennedy doesn’t recognize the difference between law and order and tyranny.
He will help gays get their marriages approved and recognized by striking down laws. But protecting lawful gun owners from an absurd and tyrannical gun control law? No way.
On the other hand, our four have been pretty solid on RKBA issues.
Now I know why they keep ducking 2nd Amendment cases.
They don’t want Kennedy helping the left set bad precedent that becomes harder to undo later.


83 posted on 06/16/2014 10:52:48 AM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: aimhigh

Could you “borrow” a gun?


84 posted on 06/16/2014 11:12:50 AM PDT by mom.mom
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To: Salvavida
How do you prove INTENT?

In this case, the prosecutors were able to prove intent because the guy had a deposited a check from the ultimate purchaser (with a memo line note re: the purchase), and there was a receipt reflecting the transfer.

85 posted on 06/16/2014 11:14:54 AM PDT by Conscience of a Conservative
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To: Lurking Libertarian

Ok.. don’t lie. Sign the form and then tomorrow change your mind and decide to sell the property you legally own.


86 posted on 06/16/2014 11:20:12 AM PDT by taterjay
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To: fulltlt
Former LEO, Bruce James Abramski, Jr. lied on the 4473 form when asked if he was purchasing the gun for himself.

So, of course, he should go to jail.

/s

87 posted on 06/16/2014 11:20:58 AM PDT by zeugma (I have never seen anyone cross the street to avoid a black man in a suit.)
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To: taterjay

Don’t forget to tell your uncle to post-date the check.


88 posted on 06/16/2014 11:27:19 AM PDT by thackney (life is fragile, handle with prayer)
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To: Abathar

And you posted it on a public forum.


89 posted on 06/16/2014 11:31:03 AM PDT by willyd (I for one welcome our NSA overlords)
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To: JRandomFreeper


1,000%
90 posted on 06/16/2014 11:34:16 AM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: dynoman
On the instructions for the current Form 4473 the answer for question 11a when giving the gun as a gift would be “yes”.

https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

I can't see how what he did is illegal.

The man paid the purchaser in advance for the weapon, so he lost the ability to call it a gift.

91 posted on 06/16/2014 11:45:05 AM PDT by AzSteven ("War is less costly than servitude, the choice is always between Verdun and Dachau." Jean Dutourd)
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To: Pollster1
"My guess is that you bought the Mossberg for yourself - so you could enjoy teaching your son how to shoot your Mossberg 500. [By the way, nice choice; FAR better than a S&W 500 for a kid!]"

I sure as heck did now, that's my story and I'm sticking with it... :(

92 posted on 06/16/2014 11:48:52 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: willyd

Haven’t given it to him yet though...


93 posted on 06/16/2014 11:51:48 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: Abathar

Gifts are legal. This story wasn’t about a gift, but a pre-purchase.


94 posted on 06/16/2014 11:57:41 AM PDT by thackney (life is fragile, handle with prayer)
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To: aimhigh

Diane Fineswine bought a family member a gun.


95 posted on 06/16/2014 12:01:06 PM PDT by CodeToad (Arm Up! They Are!)
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To: aimhigh

What about gun gifts?


96 posted on 06/16/2014 12:14:00 PM PDT by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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To: aimhigh

Just fill out the form and tell the truth.


97 posted on 06/16/2014 1:30:06 PM PDT by Sacajaweau
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To: aimhigh

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=12-1493


98 posted on 06/16/2014 1:41:40 PM PDT by ZULU (Impeach Obama NOW.)
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To: Foundahardheadedwoman
Welcome to the club. Appears we are going to need a bigger clubhouse. Oh, that’s right, the Feds already have them waiting for us.

Did you read the facts of the case? Your post and those of several others are irrelevant given gifts are allowed. This was not a gift.
99 posted on 06/16/2014 2:32:19 PM PDT by TexasGunLover ("Either you're with us or you're with the terrorists."-- President George W. Bush)
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To: aimhigh

This is not surprising in any way.

The purchasor had determined to violate regulations knowingly.


100 posted on 06/16/2014 2:36:56 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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