General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBreaking - Divided Supreme Court Shoots Down 'Straw' Purchases of Guns
http://www.nbcnews.com/news/us-news/divided-supreme-court-shoots-down-straw-purchases-guns-n132126<snip>
The Supreme Court on Monday upheld a federal law that makes it a crime for one person to buy a gun for another while lying to the dealer about who the gun is for.
Federal law considers that a straw-man purchase, and the person who does it is called a straw buyer. The law was challenged by Bruce Abramski, a former policeman who bought a gun for his uncle, assuming that by showing his old police ID, he could get a discount even though his uncle could have legally purchased the gun.
Abramski was charged with violating the law after he falsely checked "yes" on the federal form asserting that he was the actual buyer.
Writing for the court in a 5-4 majority opinion, Justice Elena Kagan said the law helps keeps guns out of the hands of those not legally able to buy them, including those with mental illness or previous felony convictions. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented.
------------------------
Just look at the RW dissenters
Lee-Lee
(6,324 posts)Even though both parties were legally able to buy the gun, he committed perjury by stating he was the actual buyer.
But until we actually prosecute these cases a whole lot more, the existence of the law won't matter much. Even in cases where straw buyers buy gun for mass shootings sometimes they don't get prosecuted, and other cases of perjury on the same form and process don't get prosecuted by the hundreds of thousands (cases where a person attempts to buy a gun and gets denied on the background check- that means they filled the form out swearing under penalty of perjury they were eligible and were not).
Exactly the point I just made on another thread about this same story but you said it MUCH better than I did.
AtheistCrusader
(33,982 posts)It's always been a 10 year/10,000$ fine felony for a straw purchase. This just means it survived challenge. (A good decision, IMO)
And it's really never been enforced. Most straw purchasers that are even under observation move hundreds of guns over a period of months to years while under investigation before arrest.
It's ridiculous.
Lee-Lee
(6,324 posts)When I was a deputy I handed the BATFE a clear cut case of straw purchase, with videotaped confession no less.
They didn't prosecute.
AtheistCrusader
(33,982 posts)It seems like they have budget.
Lee-Lee
(6,324 posts)BATFE loves headlines. It has always been a somewhat troubled agency, and they are always out to make a big splash and grab headlines. Much more so for the supervisors, who always have their eye on that next bigger assignment.
US Attorneys are political animals, they want headlines.
Spending your time and effort into a deep, complex operation that nabs 20 members of a biker gang is a much sexier and more attention gathering move than using the same resources to nail 100 straw buyers or people who lie on a 4473 and try to buy a gun while prohibited.
The news doesn't come to a press conference because you busted Suzie Whitetrash at the trailer park buying a gun for her felon boyfriend, even if you manage it 100 times in a year. They do if you busted 20 bikers or gang members all at once.
WCLinolVir
(951 posts)What a surprise. At some point I do hope they get some "benefit" out of their most heinous rulings.
malaise
(268,968 posts)right wingers - they (and the former Chief Justice) have done more harm than all judges in the past 50 years.
kelliekat44
(7,759 posts)like Scalia, but are the problems with the other two on this?
Johonny
(20,841 posts)or only when it involves the purchasing of deadly weapons?
malaise
(268,968 posts)back in 2000! Looks like they've been supporting lying for a long time.
Orrex
(63,208 posts)JaneyVee
(19,877 posts)malaise
(268,968 posts)They are surrounded by security peeps. They simply defend the NRA's right to sell weapons to anyone - they do not gie a flying fuck about the lives of anyone except their humanized (by them) corporations and right wing interests.
joeybee12
(56,177 posts)And four complete blithering idiots did...Kennedy occasionally has signs of lucidity.
spooky3
(34,444 posts)RWers on the SC, who decide the outcome they or their backers want, then tell their aides to come up with the support for it, here it is.
Democat
(11,617 posts)Nader helped create this Supreme Court.
noiretextatique
(27,275 posts)since the scotus ruling in bush v gore stopped the recount, which gore would have won.
peabody
(445 posts)malaise
(268,968 posts)We already know they love the NRA.
msanthrope
(37,549 posts)Jeff In Milwaukee
(13,992 posts)I assumed that it was. If I get caught buying alcohol for a minor, but butt is in trouble. Buying a gun for someone who's prohibited WASN'T a crime?
Lee-Lee
(6,324 posts)This guy challenged it because he bought a gun for somebody that wasn't a felon and was eligible to own and buy a gun- he just bought it in his name for a discount.
IronLionZion
(45,433 posts)Some of those judges are getting pretty old. When the times comes to replace one, we need to make sure a Dem makes the appointment and there are enough votes in congress to confirm. It's very important for a lot of issues.