Please read the following excerpt from ATF Firearms Transaction Record -
Form 4473 :
11a. Are you the
actual transferee/buyer of the firearm(s) listed on this form?
Warning: You are not the actual
buyer if you are acquiring the firearm(s) on behalf of another
person. If you are not the actual buyer, the dealer cannot
transfer the firearm(s) to you.
Did that sound familiar? It should
have. If you have purchased a firearm, in recent history, you had
to have answered, "Yes," to question 11a, and seen the warning.
When reading the above, just now, or the
last time you bought a gun, did you understand both the question and the
warning? Of course you did. After all, the meanings of both
are pretty obvious.
Evidently, however, Bruce James Abramski
Jr., isn't as smart as you are. He answered "Yes," even knowing that he
was buying a firearm for his uncle, who had given him the money to
make the purchase. Mr. Abramski transacted what, for years,
has been known as a "Straw Purchase." That is, Mr. Abramski
purchased a firearm on behalf of a third party.
On June 16, 2014, the US Supreme Court
agreed (5-4), with two lower courts, that Mr. Abramski had not been the
Now, come the folks that assert that the
SCOTUS ruling is an unwarranted assault on our Second Amendment Rights.
They would have us believe that the prohibition on Straw Purchases is a
new restriction of our Rights. IT IS NOT, and they know it.
The only thing new is that Mr. Abramski only recently violated a
law that has been around for years.
So, why are Second Amendment supporters
trying to convince us that we won't even be able to buy a gun for little
Johnny's graduation gift? Because, it's not just the gun control
crowd that will distort facts to promote an agenda.
And, what about gifts? Are gifts now
prohibited? NO! Gifts remain explicitly covered in the
instructions pertaining to Question 11a:
Form 4473. Question
11.a. Actual Transferee/Buyer (in part):
For purposes of this
form, you are the actual transferee/buyer if you are
purchasing the firearm for yourself or otherwise
acquiring the firearm for yourself (e.g., redeeming the
firearm from pawn/retrieving it from consignment,
firearm raffle winner). You are
also the actual transferee/buyer if you are legitimately
purchasing the firearm as a gift for a third party.
Mr. Smith asks Mr. Jones
to purchase a firearm for Mr. Smith. Mr. Smith
gives Mr. Jones the money for the firearm. Mr. Jones is
NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must
answer “NO” to question 11.a. The licensee may not
transfer the firearm to Mr. Jones. However, if Mr.
Brown goes to buy a firearm with his own money to give
to Mr. Black as a present, Mr. Brown is the actual
transferee/buyer of the firearm and should answer “YES”
to question 11.a. However, you may not transfer a
firearm to any person you know or have reasonable cause
to believe is prohibited under 18 U.S.C. §922(g), (n),
What, then, is the difference between a
Straw Purchase and a Gift?
In the case of a Straw Purchase, the
purchaser of a firearm receives money or other payment, from a third
acts as an intermediary in the transfer transaction, on behalf of
that third party.
In the case of a gift, the purchaser
buys the firearm for himself, and then transfers his own property to
another. The purchaser receives nothing of value in return.
Further, something must be owned by the transferor, before it can be
considered a gift. After all, only the Government can give
away that which they do not own.
My point: Just because a court
rules against a gun-law breaker doesn't necessarily mean the Second
Amendment is being attacked by that court.
My advice: Do your own research. Know the
facts. Challenge popular wisdom on BOTH sides of every issue.
Don't perpetuate myths.