Selasa, 17 Juni 2014

Abramski v. United States -- US Supreme Court 2014

There's been a lot of chatter on the June 16th 2014 decision of the United States Supreme Court in Abramski v. United States.   In a nutshell (probably an apt heading) -- Abramski was a former cop who purchased a handgun for his uncle.  The uncle reimbursed him for the cost of the gun,  and although both Abramski and his uncle were not prohibited from gun ownership, and there really wasn't any unlawful purpose in mind -- the feds prosecuted Abramski on the basis that he listed himself as the true purchaser on the federal Form 4473 when he bought the gun from a dealer.   Now,  if you've read my book -- you already figured out this was a big "no no" in federal land, and is considered a "straw purchase".  It may be stupid -- but the law is pretty damn clear.  You can't buy a gun for someone else -- unless it's a gift,  the person you're giving it to is not prohibited, and they reside in the same state you do.  And so -- the inevitable happened once some pen pusher decided the case was worthy of prosecution, and Abramski was convicted of a federal felony.  Probably the only question that anyone should be asking is why the hell the feds even bothered?  This was no big deal, and hardly worth the trouble. Lots of more important cases out there to spend your time on.  But again -- that's the feds.  No telling what the hell they'll do -- especially with Obama as President, and Eric Holder (uhhh!) as Attorney General.   Any wonder?

So . . . Abramski raises lots of interesting Second Amendment arguments -- many with substantial merit. And quite frankly,  he had four justices on his side.  But,  the argument that won -- and I guess makes sense even if nonsense in this case is:   If Abramski can say he's the actual purchaser -- why couldn't any person with criminal intent purchase through a friend -- and thereby thwart (or at least somewhat delay) finding the real owner if the gun is involved in a crime, and the government is trying to trace it?

Anyway -- that's the short stick on the case.  I don't think it's really news because the law was clear -- although it is a big disappointment for the expansion of the Second Amendment into an interpretation that suits "common sense" rather than just stupid laws.  For now -- stupid wins.  Watch your back -- and read my book.

Whatever.   That's my really quick report.  Have a good one.

Share on Facebook
Share on Twitter
Share on Google+
Tags :

Related : Abramski v. United States -- US Supreme Court 2014

0 komentar:

Posting Komentar