Willamette Law Online

United States Supreme Court Certiorari Granted


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Abramski v. United States

Summarized by: 

Date Filed: October 15, 2013
Case #: 12-1493
706 F.3d 307 (4th Cir. 2013)
Full Text Opinion: http://isysweb.ca4.uscourts.gov/isysquery/a236542b-cd69-4150-b5a1-86544bbb5249/1/doc/114992.P.pdf#xml=http://New-ISYS/isysquery/a236542b-cd69-4150-b5a1-86544bbb5249/1/hilite/

Criminal Law: Whether a gun buyer’s intent to sell a firearm to another lawful buyer in the future is a fact “material to the lawfulness of the sale” of the firearm under 18 U.S.C. § 922(a)(6); and (2) whether a gun buyer’s intent to sell a firearm to another lawful buyer in the future is a piece of information “required . . . to be kept” by a federally licensed firearm dealer under Section 924(a)(1)(A).

Petitioner purchased a gun for his uncle and checked a box on an Alcohol, Tobacco and Firearms (ATF) form indicating that Petitioner was an “actual buyer.”  The form indicates that a person who buys a gun intending to later transfer it to someone else is not an “actual buyer.”  Subsequently, Petitioner transferred ownership to his uncle. After discovering that Petitioner bought the gun for his uncle but had checked the “actual buyer” box on the ATF form, the government indicted him for making a false statement that is “intended or likely to deceive” a licensed gun dealer “with respect to any fact material to the lawfulness of the sale.”  18 U.S.C. § 922(a)(6).  

The Fourth Circuit held that “[the identity of the purchaser is a constant that is always material to the lawfulness of the purchase of a firearm under §922(a)(6). Petitioner appealed and the Supreme Court granted certiorari on the following issues:  (1) whether a gun buyer’s intent to sell a firearm to another lawful buyer in the future is a fact “material to the lawfulness of the sale” of the firearm under 18 U.S.C. § 922(a)(6); and (2) whether a gun buyer’s intent to sell a firearm to another lawful buyer in the future is a piece of information “required . . . to be kept” by a federally licensed firearm dealer under Section 924(a)(1)(A).