Abramski v United States (2nd Amendment, Buying a Gun, US Supreme Court)


Abramski v United States
Abramski v United States
Abramski v United States

Regulation of purchasing a firearm and then transferring it to friend or family member who you know to be able to lawfully own a gun, and who also fills out the government forms for the transfer of the gun. Argued in Abramski v United States.

MR. DIETZ: Mr. Chief Justice, and may it please the Court:

In 2009, Bruce Abramski went to a gun store at his home in Virginia and purchased a firearm. When he did so, he filled out all the required Federal paperwork providing his own name and identifying
information and passing a background check.

He then traveled to his uncle’s home in Pennsylvania and delivered the firearm to a licensed gun dealer there. That gun dealer required Mr. Abramski’s uncle to fill out the exact same Federal paperwork and
pass his own background check before taking possession of the firearm.

But despite doing precisely what Congress established as the process to buy a firearm, intending to sell or give it to a lawful gun owner in another State, the government charged Mr. Abramski with falsely stating that he was the actual buyer of the firearm when he acquired it. And that term, “actual” —

JUSTICE SOTOMAYOR: What would happen if two people walk into the gun store, one person hands the money to the other and says, buy me that gun?

MR. DIETZ: Yes, Your Honor.

JUSTICE SOTOMAYOR: Is that not actionable, according to your theory?

MR. DIETZ: Your Honor, the circumstance where there are two lawful gun owners, that is permissible. And I think a good way to illustrate that is to consider the government’s concession that in that hypothetical, if the two people walked into the gun store and the person looked and said, I’d like that gun and points to the counter and then the person standing ­­–

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