To: Hootowl
As I understand it, (and I’m not a lawyer) one can gift or sell a gun to anyone within one’s state (assuming the state law allows it). What you can’t do is buy a gun for someone else and have them pay you for it. And you can’t lie on the form that states that you are the actual purchaser of the gun. This guy went into the gun store with the idea of buying the gun for someone else with their money. That has always been considered a “straw purchase”the fact that the person he was buying for was legally able to buy the same gun (in his own state) is not an exception to the straw purchase rule.
Now, whether or not the straw purchase law is a good idea or not is another matter. But, in my opinion, the Supreme Court did not expand the straw purchase law at allthey just didn’t contract it.
12 posted on
06/25/2014 8:51:55 PM PDT by
hanamizu
To: hanamizu
As I understand it, (and Im not a lawyer) one can gift or sell a gun to anyone within ones state (assuming the state law allows it). What you cant do is buy a gun for someone else and have them pay you for it. And you cant lie on the form that states that you are the actual purchaser of the gun. This guy went into the gun store with the idea of buying the gun for someone else with their money. That has always been considered a straw purchasethe fact that the person he was buying for was legally able to buy the same gun (in his own state) is not an exception to the straw purchase rule.
Now, whether or not the straw purchase law is a good idea or not is another matter. But, in my opinion, the Supreme Court did not expand the straw purchase law at allthey just didnt contract it.
I think you got it pretty well. There are arguments on both sides of the case, but I think the majority has the better argument here.
13 posted on
06/25/2014 8:54:19 PM PDT by
Oceander
To: hanamizu
I could not have stated it better! This is not a case for everyone to get worked up over.
To: hanamizu
21 posted on
06/25/2014 9:41:09 PM PDT by
BuckeyeTexan
(There are those that break and bend. I'm the other kind. ~Steve Earle)
To: hanamizu; All
“Now, whether or not the straw purchase law is a good idea or not is another matter. But, in my opinion, the Supreme Court did not expand the straw purchase law at allthey just didnt contract it.”
The problem is the “straw purchase” part. The BATFE added that part of the law. It is not original law, it is regulatory add on. You can argue that the original law is ambiguous, but as Scalia noted, ambiguity is to be decided in favor of the defendant.
25 posted on
06/26/2014 5:18:55 AM PDT by
marktwain
(The old media must die for the Republic to live. Long live the new media!)
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