On Point blog, page 1 of 1
SCOTUS: “Straw” purchase prohibition applies even when true purchaser may lawfully own gun
Abramski v. United States, USSC No. 12-1493, 2014 WL 2676779 (June 16, 2014), affirming United States v. Abramski, 706 F.3d 307 (4th Cir. 2013); Scotusblog page (includes links to briefs and commentary)
Resolving a split between federal circuit courts of appeal, the Supreme Court holds that the prohibition in 18 U. S. C. § 922(a)(6) against making false statements about “any fact material to the lawfulness of the sale” of a firearm applies to a “straw” purchaser—a person who buys a gun on someone else’s behalf while falsely claiming that it is for himself—even if the true buyer could have purchased the gun legally.
Bruce Abramski v. United States, USSC No. 12-1493, cert. granted 10/15/13
1. Is a gun buyer’s intent to sell a firearm to another lawful buyer in the future a fact “material to the lawfulness of the sale” of the firearm under 18 U.S.C. § 922(a)(6)?
2. Is a gun buyer’s intent to sell a firearm to another lawful buyer in the future a piece of information “required … to be kept” by a federally licensed firearm dealer under § 924(a)(I)(A).