Abramski v U.S. Supreme Court Decision

It looks like the majority says that it isn't enough to know that the eventual owner isn't a prohibited person, they want the 4473 to reflect the correct actual purchaser. I wonder what purpose that would serve, either legislatively or as precedent?
 

JimDandy

New member
I can't say I'm particularly surprised. I think the punishment is way off the charts for it, but backdooring the LEO discount for his uncle was shady to start with.

I am curious, was this one of those instances where they answered one question and not the rest.. i.e. did they solely rule on the 4473 form aka was this a straw purchase, or was there more "in question"
 

JimDandy

New member
Could Abramski still maintain he was the actual purchaser if he made even a penny of profit through the transaction, and since it was a one-off not be "in the business" of firearms?
 

Armorer-at-Law

New member
Could Abramski still maintain he was the actual purchaser if he made even a penny of profit through the transaction, and since it was a one-off not be "in the business" of firearms?
Profit, break even, or loss - it doesn't matter.
 

Armorer-at-Law

New member
Bartholomew Roberts said:
It looks like the majority says that it isn't enough to know that the eventual owner isn't a prohibited person, they want the 4473 to reflect the correct actual purchaser. I wonder what purpose that would serve, either legislatively or as precedent?

Their answer (not saying it's a good answer):
The overarching reason is that Abramski’s reading would undermine—indeed, for all important purposes,would virtually repeal—the gun law’s core provisions.[7] As noted earlier, the statute establishes an elaborate system to verify a would-be gun purchaser’s identity and check on his background. See supra, at 2. It also requires that the information so gathered go into a dealer’s permanent records. See supra, at 2–3. The twin goals of this comprehensive scheme are to keep guns out of the hands of criminals and others who should not have them, and to assist law enforcement authorities in investigating serious crimes. See Huddleston, 415 U. S., at 824; supra, at 2–3. And no part of that scheme would work if the statute turned a blind eye to straw purchases—if, in other words,the law addressed not the substance of a transaction, but only empty formalities.

[fn7] That reading would also, at a stroke, declare unlawful a large part of what the ATF does to combat gun trafficking by criminals. See Dept.of Treasury, Bureau of Alcohol, Tobacco & Firearms, Following the Gun: Enforcing Federal Laws Against Firearms Traffickers, p. xi (June2000) (noting that in several prior years “[a]lmost half of all [ATF firearm] trafficking investigations involved straw purchasers”).

* * *

And likewise, the statute’s record-keeping provisions would serve little purpose if the records kept were of nominal rather than real buyers. As noted earlier, dealers must store, and law enforcement officers may obtain,information about a gun buyer’s identity. See §§922(b)(5),923(g); supra, at 3. That information helps to fight serious crime. When police officers retrieve a gun at a crime scene, they can trace it to the buyer and consider him as a suspect. See National Shooting Sports Foundation, Inc. v. Jones, 716 F. 3d 200, 204 (CADC 2013) (describing law enforcement’s use of firearm tracing). Too, the required records enable dealers to identify certain suspicious purchasing trends, which they then must report to federal authorities. See §923(g)(3) (imposing a reporting obligation when a person buys multiple handguns within five days). But once again, those provisions can serve their objective only if the records point to the person who took actual control of the gun(s). Otherwise, the police will at most learn the identity of an intermediary, who could not have been responsible for the gun’s use and might know next to nothing about the actual buyer. See, e.g., United States v. Juarez, 626 F. 3d 246, 249 (CA5 2010) (straw purchaser bought military-style assault rifles, later found among Mexican gang members, for a buyer known “only as ‘El Mano’”). Abramski’s view would thus render the required records close to useless for aiding law enforcement: Putting true numbskulls to one side, anyone purchasing a gun for criminal purposes would avoid leaving a paper trail by the simple expedient of hiring a straw.
 
In a way, this verdict simply confirms a discussion we've had here before. It boils down to this:

If Bill buys a gun for Steve using his own money, it's a gift.

If Bill buys a gun for Steve using Steve's money, it's a straw purchase.

Whether or not Steve is legally qualified to own a gun is irrelevant. It comes down to whose money was used to buy the gun.

Scalia is correct that the law is poorly written. He's also correct in that the ATF only began to interpret it that way recently. However, the majority is correct in that the law is simply written that way.
 

Frank Ettin

Administrator
First, let's all please note that this is not a Second Amendment case. This is a matter of pure statutory construction. The Second Amendment was not addressed in either the majority opinion or the dissenting opinion, so it was not raised by the appellant (Abramski).

Second, let me again lay out my explanation of what a straw purchase is. This reflects current law consistent with Abramski.

The actual offense is violation of 18 USC 922(a)(6), making a false statement on the 4473 (specifically about who is the actual buyer), and has nothing to do with the ultimate recipient being a prohibited person.

See the ATF publication Federal Firearms Regulation Reference Guide, 2005, at page 165 (emphasis added):
15. STRAW PURCHASES

Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a "straw purchaser" (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.

In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser's residence address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms...

So, if --

  1. X says to Y, "Here's the money; buy that gun and then we'll do the transfer to me [when I get back to town, or whenever else].", or

  2. X says to Y, "Buy that gun and hold it for me; I'll buy from you when I get my next paycheck."
or anything similar, if Y then buys the gun, he is not the actual buyer. He is buying the gun as the agent of X, on his behalf; and X is legally the actual buyer. If Y claims on the 4473 that he is the actual buyer, he has lied and violated 18 USC 922(a)(6). His subsequently transferring the gun to X in full compliance with the law, does not erase his prior criminal act of lying on the 4473.

Some more examples --

  • If X takes his own money, buys the gun and gives the gun to someone else as a gift, free and clear without reimbursement of any kind, X is the actual purchaser; and it is not a straw purchase.

  • If X takes his money and buys the gun honestly intending to keep it for himself and later sells it to another person, X is the actual purchaser; and it is not a straw purchase.

  • If X takes his money and buys the gun intending to take it to the gun show next week to see if he might be able to sell it to someone at a profit, X is the actual purchaser; and it's not a straw purchase. He may, however have other problems if he manages to sell the gun at the gun show, and the transfer there isn't handled properly. He might also have problems if he does this sort of thing too frequently, and the ATF decides he's acting as a dealer without the necessary license.

  • If X takes his money and buys the gun with the understanding that he is going to transfer the gun to Y and that Y is going to reimburse him for it, X is not the actual purchaser. He is advancing X the money and buying the gun for and on behalf of Y, as Y's agent. So this would be an illegal straw purchase.

Whether or not a transaction is an unlawful straw purpose will often be a question of intent. But prosecutors in various situations can convince juries of intent, often from circumstantial evidence. A slip of the tongue, posting something on the Internet, tracks left by money transfers have all, in one way or another, and in various contexts, helped convince a jury of intent.
 
The majority and the dissent are both good arguments for why the whole backwards 1968-thinking behind current gun laws should be done away with. You could design a much more efficient system with a greater focus on privacy given today's technology.

Tom Coburn's 2013 bill had some flaws (the biggest one being that it tried to keep a lot of the 1968 structure in gun laws) that ultimately made it unworkable; but at least it was a step in the right direction of trying to modernize the process. If you could solve the flaws in that bill, it would make cases like this irrelevant.
 

JimDandy

New member
Ive got a scenario that almost came up for me Frank, and I was wondering about it.

If I want firearm XYZ, and I fill out the 4473 form, but my (somebody else) pays for it and I then pay them back, that's not a straw purchase correct? Because I'm ending up with it, and I'm on the 4473 form?
 

KyJim

New member
If I want firearm XYZ, and I fill out the 4473 form, but my (somebody else) pays for it and I then pay them back, that's not a straw purchase correct? Because I'm ending up with it, and I'm on the 4473 form?
IMO, that's simply a loan so long as there is a legitimate obligation to repay the lender.
 

Al Norris

Moderator Emeritus
A very careful reading of Scalia's dissent, should tell us that much of the questions posed by the form 4473, are not required by either law or regulation.

If those sections are not answered, you can not be accused of falsifying the document.

Of course, the FFL may not wish to conclude the transaction at that point. But... You would be within the letter of the law to leave those sections blank, that the law and regulations do not require.

Just saying....
 

jimpeel

New member
Did Abramski purchase the firearm as a gift for his uncle or did he purchase it for the purposes of selling it to his uncle? Am I missing something in this case?

If he purchased it as a gift, here is the part that I do not understand. The instructions on the 4473 are very clear on what constitutes the actual buyer of the firearm. If Abramski purchased the firearm as a gift for his uncle he needed to say "Yes" to question 11.a. The instructions are clear.

Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party. ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer “NO” to question 11.a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer “YES” to question 11.a. However, you may not transfer a firearm to any person you know or have reasonable cause to believe is prohibited under 18 U.S.C. § 922(g), (n), or (x). Please note: EXCEPTION: If you are picking up a repaired firearm(s) for another person, you are not required to answer 11.a. and may proceed to question 11.b.

The 4473 used to ask if the firearm is for a gift. That question was removed in one of the revisions. Heck, even Sarah Brady once bought a firearm for her son as a gift for those who can remember that event.

I once had a very lively discussion with a person who claimed to be an FFL and claimed that a gift can only be to a family member and not to another person. I asked why the example uses Mr. Brown and Mr,. Black as examples; but he still insisted that gifting of a firearm is only to occur between family members. We didn't part friends.
 

raimius

New member
I believe the facts brought to the case included a check being written before the purchase, therefore NOT a gift.
 

FlyFish

New member
The issue seems to be that the correct information finds its way onto a 4473. So, if person A were to purchase a firearm with the intention of transferring it to person B, or even with the money provided by person B (and indicating on the 4473 that person A is the actual purchaser), but when the transfer from A to B actually takes place they go through an FFL and complete another 4473 showing person B as the actual buyer, would that be legal under this ruling?
 

steve4102

New member
See Post #8.

if Y then buys the gun, he is not the actual buyer. He is buying the gun as the agent of X, on his behalf; and X is legally the actual buyer. If Y claims on the 4473 that he is the actual buyer, he has lied and violated 18 USC 922(a)(6). His subsequently transferring the gun to X in full compliance with the law, does not erase his prior criminal act of lying on the 4473.
 

jrwhitt

New member
The issue seems to be that the correct information finds its way onto a 4473. So, if person A were to purchase a firearm with the intention of transferring it to person B, or even with the money provided by person B (and indicating on the 4473 that person A is the actual purchaser), but when the transfer from A to B actually takes place they go through an FFL and complete another 4473 showing person B as the actual buyer, would that be legal under this ruling?

The transfer to the Uncle DID take place via an FFL as required as they were residents of different States.
 

JimDandy

New member
That's true, but the original purchase by Abramski also took place on a 4473, and he answered yes, he was the actual buyer, while the Government and the Courts decided he wasn't- because he had pre-re-sold the gun to his Uncle.
 

Pahoo

New member
Good ruling and bad outcome.

From what little I understand about this case, I would have to agree with the ruling. However, there are other implications here as the gun grabbers will try to expand on this interpretation and use it to their advantage to step on the 2A. It really opens the door to more lies to be promoted ..... :mad:

Be Safe !!!
 
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