How does one determine that I was going to get a pay back. We never discussed this with the counter person. Perhaps I was going to "gift" it to him?
given their legal interpretation, anyone(privately) who bought a lower with the intent to flip it broke the law. I may be wrong, but I thought the legal definition of a straw purchase was to buy one for someone who could not legally purchase it themselves.
For only 30¢ a day, you can help keep young Pedro supplied with the ammunition he needs to beat back the cartel thugs who threaten his already crappy quality of life. The cartels buy federales by the gross, so the only help he's going to get will come from you.
This is so stupid. A few years ago my wife thought she needed a 9mm. So we went to the LGS and she picked one out, did the paperwork, got approved, etc. When I whipped out the cash they about had a stroke. The fact that she's my wife has zero credence with that, but if I die she gets half of everything by law. Like I said, STUPID...
It all depends on the intent of the law. If it's intent is to keep bad people from getting guns, the prosecutorial discretion not exercised in this case is a willful violation of the spirit of the law and the indictment should be voided. If the intent of the law was to give the government discretionary control over The People for bureaucratic purposes, then the indictment should stand.
Criminal prosecution is supposed to be about justice, not what you can get away with in a court of law. Anyone who actually believes this should probably be prevented from acting independently though.
Criminal prosecution is supposed to be about justice, not what you can get away with in a court of law. Anyone who actually believes this should probably be prevented from acting independently though.
I dont think gifting a non prohibited person a gun should be a crime.
(6) for any person in connection with the acquisition
or attempted acquisition of any firearm
or ammunition from a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, knowingly to make any false
or fictitious oral or written statement or to
furnish or exhibit any false, fictitious, or misrepresented
identification, intended or likely
to deceive such importer, manufacturer, dealer,
or collector with respect to any fact material
to the lawfulness of the sale or other disposition
of such firearm or ammunition under
the provisions of this chapter;
http://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap44.pdf
or attempted acquisition of any firearm
or ammunition from a licensed importer,
licensed manufacturer, licensed dealer, or licensed
collector, knowingly to make any false
or fictitious oral or written statement or to
furnish or exhibit any false, fictitious, or misrepresented
identification, intended or likely
to deceive such importer, manufacturer, dealer,
or collector with respect to any fact material
to the lawfulness of the sale or other disposition
of such firearm or ammunition under
the provisions of this chapter;
http://www.gpo.gov/fdsys/pkg/USCODE-2011-title18/pdf/USCODE-2011-title18-partI-chap44.pdf
There's a transcript of the oral arguments at http://armsandthelaw.com/archives/2014/01/supreme_court_t_6.php, along with a very succinct explanation of the case:
If I'm walking out of the store with the gun I just received, doesnt That make me the receipiant?
The answer is yes 8/
The answer is yes 8/
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