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Straw man loses gun battle at Supreme Court

Gun violenceBuying a gun for someone else while claiming on federal forms to be the intended owner is a crime, the U.S. Supreme Court ruled today in a 5-4 decision.

“We hold that such a misrepresentation is punishable under the statute, whether or not the true buyer could have purchased the gun without the straw,” Justice Elena Kagan wrote for the majority in Abramski v. U.S., joined by Justices Anthony M. Kennedy, Ruth Bader Ginsburg, Stephen G. Breyer and Sonia Sotomayor.

The case before the court involved a purchase by a former police officer who, when buying  a Glock 19 handgun for his uncle, falsely claimed that he would be the actual owner of the gun.

In a challenge to his subsequent indictment and conviction, the officer claimed that his misrepresentation was immaterial because his uncle met the legal requirements to own a gun and that in any event, a false response about the gun buyer is never a violation of the law, regardless of whether the intended true owner is or is not eligible to buy a gun.

The majority on the court rejected those arguments, affirming the Fourth Circuit. Justice Kagan wrote:

Contrary to his contention, the information [the question] requests —“[a]re you the actual transferee/buyer[?]” or, put conversely, “are [you] acquiring the firearm(s) on behalf of another person[?]”— is relevant to the lawfulness of a gun sale. That is because, for all the reasons we have given, the firearms law contemplates that the dealer will check not the fictitious purchaser’s but instead the true purchaser’s identity and eligibility for gun ownership. By concealing that [the uncle] was the actual buyer, [the straw purchaser] prevented the dealer from transacting with [the uncle] face-to-face, recording his name, age, and residence, inspecting his photo ID, submitting his identifying information to the background check system, and determining whether he was prohibited from receiving a firearm. In sum, [the straw] thwarted application of essentially all of the firearms law’s requirements. We can hardly think of a misrepresentation any more material to a sale’s legality.

For more on the decision, read the analysis by Scotusblog’s  Lyle Denniston here.

One Comment

  1. Jim Wiseman

    June 17, 2014 at 12:35 pm

    So, tell me again how one “allowed” purchaser buying a firearm for another who can also legally own a gun keeps guns out of the hands of criminals?

    For that matter, how does a background check (“expanded” or not) keep criminals from obtaining guns?