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CAS TOPICS => The Longbranch => Topic started by: rbertalotto on February 03, 2017, 11:39:23 AM
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Supreme Court Rules on “Straw Man” Gun Sales Case
by GUNSAMERICA ACTUAL on JUNE 16, 2014
Related Tags: Buzz, R2KBA
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Supreme CourtThe U.S. Supreme Court today ruled that the government can enforce the “Straw Man” sale rule even when the person a gun is being bought for is lawfully allowed to own a firearm. Several different Federal Circuit courts had previously ruled on both sides of this issue, prompting the Supreme Court to hear the case. The Supreme Court, in a five-to-four decision, adopted a narrow interpretation of the law, saying the “actual transferee/buyer” must acknowledge that he intends to resell the gun when he buys it, even if the eventual owner is legally entitled to own a gun.
The case involves Bruce Abramski, a former police officer who bought a gun for his uncle, taking advantage of a discount price offered to active and former police officers. Although he made it clear to the dealer that he was buying the gun for his uncle, Abramski checked the box on the ATF form indicating that he was the actual buyer. He bought the gun in Virginia and went to visit his uncle in Pennsylvania, where they went to a gun dealer to complete the transfer and where his uncle passed the firearms check. Abramski was convicted of making false statements on BATFE Form 4473
Abramski appealed on the grounds that the Gun Control Act of 1968 was not intended to restrict transfers between law-abiding individuals and that the question on Form 4473 was illegal. He claimed that the Straw Sale provision only applies when the ultimate buyer of the gun is someone who could not himself legally buy a gun. Based on this ruling, the “Straw Man” sale rule means that no one may ever lawfully buy a gun for another person.
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You simply sell the gun to the person for $1.00 or whatever. Here in Ohio a background check is not needed to sell a gun to an Ohio resident face to face. 8)
The problem is the sale was in Virginia and had to go through a background check in Pa. He should have never told the dealer he was buying it for his uncle. I guess honesty is not always the best policy. ::)
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It's pretty simple, don't lie on the 4473.
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It must be remembered ....... The BATFE reads the "law" exactly as it is written. There is absolutely no "What If" or "But" or anything of that nature. There is NO grey. Black and White only. It also must be remembered, the BATFE does NOT have a sense of humor and if you poke the Bear, it will latch on like a Junk Yard Dog.
Coffinmaker
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"We at the ATF have no sense of humor that we are aware of.........." They will enforce the law. Don't be stupid.
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So,,, How does this LAW work ,,say for gun's won in a raffle,,or YOUR club give's a gun as a presentation Gift??
Not being a smart "A",just need some clearification.
Thank's ,,,Hootmix.
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If you win, YOU still need to fill out the 4473 for you, even if the club (or whoever) pays for it.