Supreme Court rules on 'straw purchaser' law

[muddywings]

Fundamentally there was no intent to straw purchase as the first buyer knew he would have to transfer via FFL. Someone above stated that the cops had to get him for something after the original charge didn't stick and that's what I'm thinking.
I know plenty of people who get friends and family an employee discount at a store they work at. Unfortunately you have to treat guns different in the eyes of USSC.

[merl]

Or they looked at is as a valid law was being broken. Does not mean they thought it was a good law, just a valid law.

[OneGuy67]

I know, it's not like they have some kind of national gun registry...since that would be illegal and violate the constitution. So how do they track all these guns to said owners?

More directly, I'll explain the trace procedure as it was explained to me....1-write/subpoena manufacturer for records, which show where gun was sent. 2-write/subpoena distributor for where said gun went next. 3-write/subpoena store/ffl for 4473/name of purchaser. 4-write/subpoena/contact 4473 buyer.....and if he/she sold/transferred it then on till the trail goes cold. But that's not a "bona-fide" registry since big brother can't just get the info on the spot, right?

You are pretty much correct. We LEO's will contact the ATF and they will do the legwork described above. Once we have the information on the original buyer, it is up to us to do the legwork and go from buyer to buyer, if that is possible.

[DireWolf]

Or they looked at is as a valid law was being broken. Does not mean they thought it was a good law, just a valid law.

seems to me it would not be valid, at least based on the following (can't remember/find the original case this opinion came out of).....


 "The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it's enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.

    Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it.....

    A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the lend, it is superseded thereby.

    No one Is bound to obey an unconstitutional law and no courts are bound to enforce it"



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[Eric P]

Its time to just get rid of background checks altogether. Any citizen of the US should be able to obtain any type of firearm with only proof of citizenship.

[asmo]

More directly, I'll explain the trace procedure as it was explained to me....1-write/subpoena manufacturer for records, which show where gun was sent. 2-write/subpoena distributor for where said gun went next. 3-write/subpoena store/ffl for 4473/name of purchaser. 4-write/subpoena/contact 4473 buyer.....and if he/she sold/transferred it then on till the trail goes cold.

Funny.. Its kinda like that but without all the subpoenas and oversight. But I won't belabor it since I have posted about it in the past.

More to the point, the ruling today basically allows the ATF to write laws.

[Great-Kazoo]

Funny.. Its kinda like that but without all the subpoenas and oversight. But I won't belabor it since I have posted about it in the past.

More to the point, the ruling today basically allows the ATF to write laws.

They did it with rifle caliber pistols etc. Nothing new. I know a few times imports were held up @ customs curing the mid 90's just because. They insisted on a visual exam of EVERY rifle and parts kit entering the country. Most orders were held up 6-8 months.

[asmo]

They did it with rifle caliber pistols etc. Nothing new. I know a few times imports were held up @ customs curing the mid 90's just because. They insisted on a visual exam of EVERY rifle and parts kit entering the country. Most orders were held up 6-8 months.

But before they never had a real SCOTUS ruling to stand on.. After today all bets are off. The BATFE can make up any rule they want, regarding possession and sale, and enforce it any way they want -- all with the full backing of the SCOTUS.

I await the coming 'interpretation' letters...

[kidicarus13]

No it does not, the second transfer was also through a FFL. The USSC just said it does not matter what actually happens to the gun if the initial purchase is done with the intent of not keeping it.

Very hard to prove intent.

This was my thought as well... but not so much in CO anymore, now that we cannot transfer privately to anyone, including family.

Really?

The key point if this case was he accepted money for the firearm before he purchased it and it was documented.

Already stated.

[Rucker61]

This was my thought as well... but not so much in CO anymore, now that we cannot transfer privately to anyone, including family.

You can't legally sell to immediate family without a BGC, but you can legally bona fide gift a firearm or loan for any time period a firearm to immediate family. Stepchildren and same-sex partners do not count as immediate family.