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Just always intend on keeping it. You could change your mind the next day, or run into a financial issue that you must sell the gun.Originally Posted by Rucker61
Probably the worst part in all this is there is no chance of getting the actual laws cleaned up. The bad laws will stay. If we didn't have laws that gave the AG wide discretion in making rules/code this would all be clearer but as seen with the expiration of the invisible gun BS, neither side wants to make things any looser.
Two interesting precedent cases: US vs Polk, where the Fifth Circuit held that “if the true purchaser can lawfully purchase a firearm directly, § 922(a)(6) liability under a ‘straw purchase’ theory does not attach". Additionally, in U.S. v. Ortiz, the Eleventh Circuit ruled that “straw purchases of firearms occur when an unlawful purchaser...uses a lawful ‘straw man’ purchaser...to obtain a firearm .”
Te occidere possunt sed te edere non possunt nefas est
Sane person with a better sight picture
What does precedent say about knowingly lying on an official federal form with this notice just above the signature box?
I understand that answering "yes" to question 11.a if I am not the actual buyer is a crime punishable as a felony...
If legal precedent says that buying for a legal buyer is not a straw purchase, then the original buyer is not a straw purchaser. What else can they be but the buyer?
Te occidere possunt sed te edere non possunt nefas est
Sane person with a better sight picture
Straw purchase does not matter here. He is shafted because he signed that form when he was not the buyer. The example given in the instructions even matches the situation.
He could have kept the gun and still gotten nailed because when he signed the form he lied on that checkbox. Yeah, we're putting people away for that.
....and the SCOTUS trumps circuit court decisions.
“Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson
A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'
That is Honor, and there are way too many people in this country who no longer understand it.
Understood, but i find it interesting that two previous court decisions were the polar opposite of this one, using the same laws as a basis.
Te occidere possunt sed te edere non possunt nefas est
Sane person with a better sight picture
Again, two lower court rulings. The only time they are used as case law is if the SCOTUS doesn't hear the appeal and then only in that area. If we here in Colorado had to adhere to the 9th circuit court decisions, we would be in a world of hurt. California is the land of fruits and nuts as are their asinine court decisions.
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“Every good citizen makes his country's honor his own, and cherishes it not only as precious but as sacred. He is willing to risk his life in its defense and is conscious that he gains protection while he gives it.” Andrew Jackson
A veteran is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America ' for an amount of 'up to and including my life.'
That is Honor, and there are way too many people in this country who no longer understand it.
If they're going after this checkbox when are they going to start going after all the potheads that lie on the 4473?
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