Posted on 06/16/2004 12:28:58 PM PDT by wmichgrad
LANSING, Mich. (AP) — A gun dealer should not face a misdemeanor charge for selling a firearm to an undercover law enforcement officer who indicated it was for an underage person who didn't have a license, the Michigan Supreme Court said in a decision released Wednesday.
The court ruled that longtime Detroit gun dealer General Laney didn't violate federal or state statutes that allow licensed 18-year-olds to buy or receive a pistol from a private party, but prohibits them from purchasing a gun from a federally licensed gun dealer.
In April 1999, two Wayne County sheriff's deputies — Walter Epps and Roshunda Coming — posed as customers interested in buying a gun for unlicensed 18-year-old civilian Antonio Little, who was working with them. It was intended to be a "straw buy," in which an individual who is legally able to purchase a weapon fills out paperwork on behalf of the individual who can't own one.
The Supreme Court pointed out that the dealer told the undercover deputies that he couldn't sell a gun to an 18-year-old without a license. The dealer also refused to accept payment for a firearm from Little, insisting that it come from one of the undercover deputies although they had indicated it was for Little.
The Supreme Court said there is no dispute that Epps bought the gun because he had a gun license, selected it and handed Laney the money to pay for it.
"Because (the dealer) complied with the plain and unambiguous language of the stature, he committed no crime," the Supreme Court said.
The Supreme Court ruling reverses a decision handed down by the Michigan Court of Appeals, which ruled that decision should be left to a jury.
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On the Net:
Michigan Court of Appeals: http://courtofappeals.mijud.net/
LOL!
Umm...
Considering how the BATF likes to kick in the doors of FFL dealers in the middle of the night on the slightest of pretexts, I admire him even more.
Generally this activity is exempt, as it is specifically a "purchase for gift" and is mentioned in law as exempt. Other factors contributing to evidence of "purchase for gift": close blood relative; both persons legally able to posess firearms; receiving party passed background for this particular gift; no concealment of facts from firearm dealer; Christmas. Pretty much, no cop in his right mind would touch this one. Wise cop would say: Your mom got a gun for YOU? That's a good trade!
Your right I misread. I was talking about a case where an undercover cop made a straw purchase and on the 4473 form said he was purchasing it for himself. The courts ruled the cop lied on the form and the gunseller wasn't negligent.
There are no gangs of lawyers and victims-rights activists for law-abiding citizens, therefore they are easier prey.
The French term agent provocateur applies.
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