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Supreme Court Rules on ‘Straw’ Purchase

gun lawsIf you haven’t heard anything recently about gun laws, you haven’t been paying attention to the national news. Laws concerning gun control have been hotly contested in Congress lately. The Republican Party is fighting hard to keep the government’s hands off our 2nd amendment rights, but in light of all of the recent school shootings, Democrats are doing everything they can to regulate gun laws and make it impossible to buy a gun without multiple background checks, classes, and other hoops to jump through. The recent Supreme Court case against police officer Bruce Abramski, involving the buying and reselling of a Glock firearm, set gun advocates back in their quest.

Though the Supreme Court was far from unanimous in this case (ruling 5-4 against Abramski), it’s still enough to show that they’re taking the spirit of the gun regulation laws seriously. Past cases have supported the position that America’s high court believes that citizens should be able to own guns for self-protection, but failing to follow the law already in place is unacceptable. Abramski purchased a handgun in Virginia and swore that he was purchasing the gun for himself; notwithstanding, he turned around shortly thereafter and sold the gun to a family member in Pennsylvania. Even if Abramski’s family member was technically allowed to purchase the gun, Abramski did not have a license to sell it to him and did not retain the proper paperwork stating this his family member had a right to own the gun.

The problem in this case is that the owner of the gun needs to be registered. Justice Elena Kagan stated, “No piece of information is more important under federal firearms law than the identity of a gun’s purchaser,” essentially because there was no way to run a background check on the man who bought it from Abramski. The other issue is that Abramski stated that the gun was intended for himself and no one else when he purchased the gun.  With all the talk of gun control and how it’s affecting millions of Americans, Abramski’s choice wasn’t well thought out. There are legal ways for him to have sold the gun to his family member, but he didn’t follow the proper channels to do so. The reason that this case made it to the highest court is because of all the hype surrounding gun control laws, secondary to the tragic and senseless killings throughout the country – it’ll be interesting to see how this case affects future decisions regarding 2nd amendment rights, which are already being stripped from our citizens (check out our blog about the additional gun control laws enacted by Maryland last October).

If you have any questions about gun control or think your rights have been violated by a police officer, you should seek legal counsel with a Maryland criminal lawyer. Bruce Robinson & Associates can help. To schedule your free consultation, give Robinson & Associates a call at 443-524-7395 or visit our website. You can also follow us on Facebook, Twitter, and Google+.


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