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Straw man loses gun battle at Supreme Court

Posted By Sharon McCloskey On June 16, 2014 @ 2:37 pm In Uncategorized | Comments Disabled

Gun violence [1]Buying 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 [2].

“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 [3].


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URL to article: http://pulse.ncpolicywatch.org/2014/06/16/straw-man-loses-gun-battle-at-supreme-court/

URLs in this post:

[1] Image: http://pulse.ncpolicywatch.org/wp-content/uploads/2013/11/Gun-violence.jpg

[2] decision: http://www.supremecourt.gov/opinions/13pdf/12-1493_k5g1.pdf

[3] here: http://www.scotusblog.com/2014/06/opinion-analysis-no-stand-in-gun-buyers-allowed/

[4] Sharply divided Supreme Court strikes down 2-year aggregate on campaign contributions : http://pulse.ncpolicywatch.org/2014/04/02/sharply-divided-supreme-court-strikes-down-2-year-aggregate-on-campaign-contributions/

[5] How to take out a Supreme Court justice : http://pulse.ncpolicywatch.org/2014/06/16/how-to-take-out-a-supreme-court-justice/

[6] Retired Supreme Court justice explains how to fix the Second Amendment : http://pulse.ncpolicywatch.org/2014/04/16/retired-supreme-court-justice-explains-how-to-fix-the-second-amendment/

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