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Supreme Court rules on 'straw purchaser' gun law
tulsaworld.com ^ | 06/16/2014 | AP

Posted on 06/16/2014 9:51:05 AM PDT by aimhigh

A divided Supreme Court sided with gun control groups and the Obama administration Monday, ruling that the federal ban on "straw" purchases of guns can be enforced even if the ultimate buyer is legally allowed to own a gun.

The justices ruled 5-4 that the law applied to a Virginia man who bought a gun with the intention of transferring it to a relative in Pennsylvania who was not prohibited from owning firearms.

(Excerpt) Read more at tulsaworld.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: banglist; scotus; straw; strawpurchases; supremecourt
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To: Abathar

No, you didn’t...

The felony would be that your son would not learn how to use it...;-)


41 posted on 06/16/2014 10:11:57 AM PDT by stevie_d_64 (Will work for a new Kidney...)
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To: aimhigh

Another great ruling by that so called right wing majority the libs are always whining about. Speaking of straw men.

When will people realize that they will never get their grievances redressed in the US court system. The federal courts are here to assist and benefit the government, not the citizens.


42 posted on 06/16/2014 10:12:29 AM PDT by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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Comment #43 Removed by Moderator

To: aimhigh

I can understand the false statement and background check avoidance aspects but “trace firearms”??? Is Kagan documenting judicial notice that we have a defacto gun registry even though that’s prohibited by law (and the Constitution)?


44 posted on 06/16/2014 10:13:23 AM PDT by NonValueAdded ("The Arab Spring is over. Welcome to the Jihadi Spring." Jonah Goldberg)
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Comment #45 Removed by Moderator

To: aimhigh

Wonder how tough it is to remove a SC Justice from the bench? Is it an impeachment process, probably, or are charges levied by the people for Malfeasance in Office, or rulings that are easily seen to be totally against the Constitution, or traitorous activities possible? Are civil suits possible? I know that in general the Feds are immune in the performance of their duties but what about not performing their duties, think protection of borders? Or as I hear more and more would the people have no standing? In other words, who will judge the judges?


46 posted on 06/16/2014 10:15:16 AM PDT by Foundahardheadedwoman (God don't have a statute of limitations)
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To: NonValueAdded
"I can understand the false statement and background check avoidance aspects but “trace firearms”??? Is Kagan documenting judicial notice that we have a defacto gun registry even though that’s prohibited by law (and the Constitution)?"

Yeah, I'd really like to know how the evidence was collected in this case.

47 posted on 06/16/2014 10:15:31 AM PDT by fulltlt
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To: taxcontrol; Abathar; grobdriver; reg45; KoRn; panaxanax

This decision does NOT mean that firearm gifts are now illegal.

You are the actual buyer if you are purchasing the firearm as a gift. You are not the actual buyer if you purchase a firearm at the behest of someone else.


48 posted on 06/16/2014 10:15:33 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: aimhigh
Writing for the majority, Justice Elena Kagan said the federal government’s elaborate system of background checks and record-keeping requirements help law enforcement investigate crimes by tracing guns to their buyers.

I thought the background checks were destroyed after a certain amount of time. /sarc intended

49 posted on 06/16/2014 10:15:36 AM PDT by mykroar (We fight, get beat, rise, and fight again. - Nathanael Greene)
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To: aimhigh

This ruling has nothing to do with gifts. It has to do with buying a gun for someone who has or is giving you money to do so.


50 posted on 06/16/2014 10:16:27 AM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: taxcontrol

Good luck enforcing it. The Supreme Court is just as corrupted as the rest of our govt. They are irrelevant at this point. Who cares what they rule on? Their rulings are just as unconstitutional half the time as the laws passed by Congress.


51 posted on 06/16/2014 10:16:47 AM PDT by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: ReaganÃœberAlles

‘I thought you already had to declare that you were not buying a firearm for someone else on the form you fill out at the gun store.’

None of my business but why would anyone buy a gun at a gunstore? Might as well hang a sign outside your door that I own Firearms, come and get me coppers!

If anyone thinks that the ATF or whoever does not keep the records, they are delusional.


52 posted on 06/16/2014 10:19:21 AM PDT by Foundahardheadedwoman (God don't have a statute of limitations)
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To: fulltlt
On the instructions for the current Form 4473 the answer for question 11a when giving the gun as a gift would be “yes”.

https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

I can't see how what he did is illegal.

53 posted on 06/16/2014 10:19:42 AM PDT by dynoman (Objectivity is the essence of intelligence. - Marylin vos Savant)
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To: reg45
"So! You cannot purchase a firearm as a gift."

That appears to be the gist of it. It seems if you want to gift a firearm you must give one you've owned a long while and originally bought for yourself. Then go out and replace it.

54 posted on 06/16/2014 10:20:09 AM PDT by circlecity
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Comment #55 Removed by Moderator

To: fulltlt

“Abramski then deposited the $400 check in his bank account, transferred the gun to Alvarez, and got back a receipt. Federal agents found that receipt while execut- ing a search warrant at Abramski’s home after he became a suspect in a different crime.”


56 posted on 06/16/2014 10:21:07 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: circlecity

Not true, read the instructions for answering question 11a here:

https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf


57 posted on 06/16/2014 10:21:16 AM PDT by dynoman (Objectivity is the essence of intelligence. - Marylin vos Savant)
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To: dynoman
I can't see how what he did is illegal.

Because the relative wrote him a check for the gun so it wasn't a gift and question 11 should have been answered "No"

58 posted on 06/16/2014 10:22:26 AM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: taxcontrol
So I interpret this as no more giving guns as a gift.

No. A gift is allowed per the instructions.

59 posted on 06/16/2014 10:23:22 AM PDT by IYAS9YAS (Has anyone seen my tagline? It was here yesterday. I seem to have misplaced it.)
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To: RIghtwardHo
Kennedy joined the majority.

...and the Democrats' little Adventure in Borking continues to pay dividend lo these three decades hence.

Great ROI on THAT little caper.


60 posted on 06/16/2014 10:23:41 AM PDT by Buckeye McFrog
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