Posted on 06/16/2014 12:10:19 PM PDT by Bratch
On June 16, the Supreme Court ruled 5-4 that a law-abiding citizen cannot buy a gun for another law-abiding citizen.
Justice Elena Kagan wrote the majority opinion and Justice Antonin Scalia wrote the dissent.
(Excerpt) Read more at breitbart.com ...
No you can't sell it to someone you know can't own a gun.
-PJ
BUT...I can buy a gun today, and then put it up for sale tomorrow with no restriction as to how much may sell the gun for, or to whom I may sell the gun to.
Correct.
However, you can not have someone come to you and ask you to purchase a weapon and give you money for it. That is a straw purchase and everyone familiar with form 4473 knows it.
I know I go off half-informed on occasion, but this case is not about buying a firearm for your son, wife DIL, SIL Uncle etc., it is about being paid money to do so as a favor if you will for another who is completely able to do so himself ( proper English usage rules apply to this personal pronoun for you liberals). That is what is being argued (ruled on). I disagree, but anyway.
You can lawfully buy a firearm and give it to anyone whom you will (beware the law concerning giving/gifting loaning providing access to prohibited person though).
I personally recommend that you ask the big three whenever thinking of offering a firearm to someone whom you do not already know the answers (reasonably):
1. Have you ever been charged or convicted of a felony or Misdemeanor crime of Domestic violence/or other than honorably discharged from the military?
2. Are you addicted to drugs or mentally incompetent per a court? And finally,
3. Do you advocate the violent overthrow of the US government?
A Yes or significant hesitation equates to me not allowing possession or access to arms or ammunition, sorry.
And yes, I do ask both friends and clients these questions (clients get to sign a complete affidavit prior to being enrolled in any firearms or security training/tactics.
The last firearm I sold privately- the guy about reneged after seeing the certification documents I required of him (his signature required etc.).
While I find the concept of not being able to lawfully buy something for someone else when that someone else lawfully could obtain it himself to be stupid and statist, I am not so surprised.
The de facto definition of a “straw man purchase”, just usually the true buyer often is not eligible.....
Before you flame me, I am of the opinion that every man ought to be armed, and so logically mitigate the risk of finding oneself unable to defend self, family and the public from those who are evil/nuts and will always find a way to obtain the legally unobtainable....
Cops are not there when you want them to be anyway.
This judicial action is unconstitutional, and will not
fly, because this is a States Right issue.
Grandpa buying a firearm for grandson’s birthday
has now been deemed illegal.
So, Grandpa buys the firearm, and sells it to the
grandson’s dad, for a buck, with bill of sale,
and grandson still gets the birthday present!
The law is an ass and so are its supporters.
From Scotus blog.
Opinion analysis: No stand-in gun buyers allowed
By Lyle Denniston on Jun 16, 2014 at 2:03 pm
Analysis
An individual cannot walk into a gun dealer’s shop and buy a gun for someone else by claiming to be the actual buyer, a deeply split Supreme Court ruled on Monday. A form demanding to know who the actual purchaser is, the majority ruled, has to be answered truthfully, or else the transaction is illegal.
Justice Kagan with opinion in firearm straw purchaser case. (Art Lien)
The practical effect of the ruling is likely to be shutting down, or at least cutting back on, an active market in gun-buying by “straw purchasers” — that is, mere stand-ins for the real buyers. The Court cited data that about half of all federal investigations of illegal gun trafficking involve such purchasers. “Deliverymen, after all, are not so hard to come by,” the Court majority remarked.
The ruling was limited to an analysis of the scope of a federal criminal law. There was no claim of interference with the right under the Second Amendment to have a gun for personal use.
No it hasn't.
This wasn't a gift. It was the uncle having the nephew buy it for him to claim a discount he wasn't eligible to have.
> “...but can they “Gift” said purchased gun to their children?”
Or how about they just print one on a 3D printer?
Sohhhh, lemme see if I got this:
I can buy liquor and cigarettes for another law abiding American?
I can buy a car for another Law Abiding American?
I can buy a plane or even a home for another law abiding American?
In fact, even if the person I was buying this for is a former a felon I can purchase anything for them, including real property?
But, I am barred from buying a fellow American a gun, who has no criminal record, to speak of?
YOU! Are out of your effing mind kuh ray zee....
There is NO “sitting legal authority” anymore in the USA.
It is now, “EVERY MAN FOR HIMSELF!”
Feel free to disabuse us.
Your opinions are always more informed than mine.
(I only read the headline)
A Supreme Court that sits there and totally ignores, trashes the plain wording and purpose of our Constitution and Bill of Rights, flushing over 200 years of our nation’s great experiment in liberty and the rule of law straight down the toilet. Pray for America. Pray.
Up`n here we hillbillies dun pay no attention to them city slicker commie courts judgjes skippos-
I know. How stupid. This is what they waste their time on ? effing wetawded.
No one "can't own a gun". The Bill of Rights does not limit the right to keep and bear arms to particular individuals or classes of individuals. Even a criminal has the right to self-defense. Any one who can't be trusted to carry a weapon should not be running around free anyway.
> “A form demanding to know who the actual purchaser is, the majority ruled, has to be answered ***truthfully***, or else the transaction is illegal.”
Did you hear the IRS lost all of Lois Lerner’s emails? It’s really true because the IRS would never lie!
Well I think you should know I would never lie to my government and they will never lie to me. We’re just one big happy family!
Ok, so I go into the gun shop and I buy a gun. I write down the gun is for me. I walk out of the gun shop and less than a minute later I think, “...oh darn, I just changed my mind, I’m going to give this gun to my sister who has been asking for one”.
Yup, our children “might shoot their eye out.”
Agreed. This was a particularly lousy case if the ruling is not narrow. I guess I better go read it and also see how Kagan justifies a gun registry.
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