While technically a gun case, this one hasn’t generated much press. At issue is a purchase of a pistol Bruce Abramski made on behalf of his uncle. Mr. Abramski was prosecuted for making a “false of fictitious” statement in regards to the actual buyer of the firearm.
Under 18 USC §922(a)(6) it is unlawful to mislead a dealer regarding the actual identity of the purchaser of a firearm. Ostensibly, this is to prevent “straw purchases,” which are a major source of crime guns. The classic example is this:
Bob is legally disqualified from owning a firearm. Bob gives Steve money, and Steve buys the firearm on Bob’s behalf. Steve is a bad man who has just provided a bad person with a gun and he should feel bad.
Except that’s not accurate. Even if it was legal for Bob to own the gun in question, Steve would be committing a crime by claiming to be the actual buyer. However, if Steve bought the gun with his own money and gave it to Bob, it would be a gift, and it would be perfectly legal. It would still be legal if Bob reimbursed Steve directly after the exchange.
It only becomes illegal if Steve uses Bob’s money while claiming to be the actual buyer. There’s a lot of misunderstanding on this, and the situation isn’t helped by the fact that information provided to the public isn’t quite clear on the matter.
The law is poorly written and open to misinterpretation. Rather than visit that, the Court has simply reaffirmed the wording and how the ATF currently sees it.
The decision is here [pdf].