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 In a 5-4 ruling focused on the role of what is known as a "straw
buyer" for a gun, the court upheld Bruce Abramski's conviction for
making a false statement when he bought the gun. He had filled out a
form, required under federal law, saying he was the prospective
owner, when the gun was intended for his uncle.
The court was split along ideological lines, with the liberal wing
in the majority with swing vote Justice Anthony Kennedy. The
dissenting justices, from the conservative bloc of the court, said
the federal law in question makes no distinction between people who
purchased guns for themselves and buyers who intend to pass the gun
on to others.
Abramski, a former police officer, said he purchased the gun for
Angel Alvarez from a gun store in Collinsville, Virginia, in 2009
because he thought he would be able to get a discount. Abramski
appealed his conviction in part because Alvarez, who lives in
Pennsylvania, was not legally barred from owning a handgun.
 Writing for the majority, Justice Elena Kagan rejected Abramski's
arguments.
"No piece of information is more important under federal firearms
law than the identity of a gun’s purchaser - the person who acquires
a gun as a result of a transaction with a licensed dealer," Kagan
wrote.
"Had Abramski admitted that he was not that purchaser, but merely a
straw - that he was asking the dealer to verify the identity of, and
run a background check on, the wrong individual - the sale here
could not have gone forward," Kagan added.
Under federal law, firearm buyers undergo background checks with the
intent of keeping guns from people who may be prohibited from owning
them, like convicted felons.
"Putting true numbskulls to one side, anyone purchasing a gun for
criminal purposes would avoid leaving a paper trail by the simple
expedient of hiring a straw," Kagan added.
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Abramski pleaded guilty in 2011 and was sentenced to five years of
probation. The Richmond, Virginia-based 4th U.S. Circuit Court of
Appeals upheld his conviction in a January 2013 ruling.
Justice Antonin Scalia wrote a dissenting opinion saying that the
majority "makes it a federal crime for one lawful gun owner to buy a
gun for another lawful gun owner."
Gun control advocates hailed the ruling. "This is a very big and
very positive decision that will save lives by keeping guns out of
the hands of dangerous people," Dan Gross, president of the Brady
Center to Prevent Gun Violence, said in a statement.
Gross said the justices "rejected efforts by the corporate gun lobby
to undermine federal gun laws" in favor of "sensible" gun laws.
The case is Abramski v. United States, U.S. Supreme Court, No.
12-1493.
(Reporting by Lawrence Hurley; Editing by Will Dunham and Dan
Grebler)
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