The U.S. Supreme Court ruled on June 16 the federal ban on “straw” purchases of guns can be enforced even if the ultimate buyer is legally allowed to own a gun.
A divided high court ruled 5-4 the law applied to a Virginia man who bought a gun with the intention of transferring it to a relative in Pennsylvania who was not prohibited from owning firearms.
The justices ruled the federal background check law applied to Bruce James Abramski, Jr. when he bought a Glock 19 handgun in Collinsville, Va., in 2009 and later transferred it to his uncle in Easton.
Federal officials brought charges against Abramski because he assured the Virginia dealer he was the actual buyer of the weapon, even though he had already agreed to buy the gun for his uncle.
The Supreme Court was right to reject Abramski’s argument since both he and his uncle were legally allowed to own guns, the law shouldn’t have applied to him.
Writing for the majority, Justice Elena Kagan said the federal government’s elaborate system of background checks and record-keeping requirements help law enforcement investigate crimes by tracing guns to their buyers. These provisions would mean little, she said, if a would-be gun buyer could evade them by simply getting another person to buy the gun and fill out the paperwork. Kagan’s opinion was joined by Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor.
In dissent, Justice Antonin Scalia said the language of the law does not support making it a crime for one lawful gun owner to buy a gun for another lawful gun owner. Scalia was joined by Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito.
The decision is a victory for sensible gun control.
For the justice to rule otherwise would impair the ability of law enforcement officials to trace firearms involved in crimes and keep weapons away from people who are not eligible to buy them. Even if the purchases are made on behalf of someone eligible to buy a firearm, the purpose of the law is harmed since Congress requires the gun dealers and not purchasers to run federal background checks on people buying guns.
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