Virginia Gun Owners Forum - VGOF

The case, Abramski v. United States of America, challenges whether federal law prohibits citizens who legally buy a firearm from a licensed dealer with the intention of then selling that gun to another private citizen who also may legally own and purchase firearms. The Obama administration argues that the citizen who buys and then sells the gun is acting as a “straw purchaser,” which they claim is illegal under several federal statutes.

The States, however, argue that Congress has never passed a federal law that prohibits such purchases. At most, the laws relied on by the United States prohibit private citizens from selling guns to people who are prohibited from owning firearms, such as minors, convicted felons, or people who have been diagnosed as having mental illnesses. It is up to the States and their citizens to decide whether to implement additional regulations on private gun sales.

The states’ amicus brief is in support of a former Roanoke, Va., police officer, Bruce Abramski, who purchased a gun in 2009 using a law enforcement discount and sold it to his elderly uncle, who lived in Pennsylvania. Both Abramski and his uncle could legally own firearms and made the transaction in accordance with Pennsylvania gun laws, including a background check of the purchaser. However, federal authorities prosecuted Abramski on the grounds that he made false statements on the gun purchase form.

West Virginia is joined in this [amicus] brief by attorneys general representing Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Guam, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, and Wyoming.

SigmaShooter wrote:I wonder what false satement they are pursuing him for? That this purchase is for your own use? So, you can't decide that you don't like a new gun and might want to get something else?
Besides, they even did a background check on his uncle (the private purchaser), so what the hell? Everyone could legally own a firearm. It sounds like an open/shut case. Maybe SCOTUS thought they could bulldoze/intimidate their way thru.

Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.

It also turned out to be a problem for Palmore that the government’s gun-regulating agency, the Bureau of Alcohol, Tobacco and Firearms, had previously interpreted the law in much the same way as Dietz suggested it should be read now. Although Palmore said the interpretation had changed twenty years ago, that did not keep the Justices from bringing up the prior position several times.