Ex-cop buys gun for uncle, gets charged with straw purchase

[gryphon]

I don't even know how this happened as the story is somewhat incomplete on the details.  You are allowed to give guns, sell guns, etc.  Cop must have said something stupid.  Anyway, this "straw purchase" goes before the Supreme Court this October.

http://www.washingtontimes.com/news/2013/aug/14/editorial-the-check-box-felon/

[cherper]

According to the article, he checked the wrong box. He checked yes to "are you the actual transferee/buyer  of this gun?" and he was the buyer. He paid for the gun, so how could it be the wrong answer? Not sure how that works.

[bigt8261]

One appeals court said it was wrong and another said it was right. Now it's up to the SCOTUS to decide.

IMO, the 5th circuit got it correct. "A wrong answer on the form would be deceptive only if intended to conceal an otherwise unlawful transaction"

I'm not a lawyer, but here is how I would argue the case. Mr. Abramski WAS the buyer. He then sold what he purchased legally to another individual (his uncle) in a separate legal transaction. Case closed. If Mr. Abramski's uncle was precluded from owning/purchasing firearms, then Mr. Abramski would not have actually "sold" the gun to his uncle, in which case, he would have actually been the one doing the purchasing for his uncle.

[sircapsalot]

he would be charged with perjury, right? 

as far as i'm aware, that only applies if you knowingly and intentionally lie on a federal form.  this is sad that this is even a case.. sounds a little frivolous almost

[cherper]

The article also says he went through 3 FFL dealers to make sure he did everything by the book....how did they not catch that question? Maybe he didn't show them the paperwork? or didn't ask about that question? Hmmm

[SteveS]

he would be charged with perjury, right? 

as far as i'm aware, that only applies if you knowingly and intentionally lie on a federal form.  this is sad that this is even a case.. sounds a little frivolous almost

It is not perjury.  There is another crime that punishes people that make a false statement on the 4473.  See 18 U.S.C. § 924(a)(1)(A)