Get Your Background Check Report in 5 Minutes
   


Youth groups now calling for action and gun control following Parkland shooting

Youth groups now calling for action and gun control following Parkland shooting Several youth groups, including those formed by students at the Marjory Stoneman Douglas High School, have started to rally in different locations across the country in an effort to stress the importance of gun control. A group called Teens for Gun Reform, which was organized by students through Facebook staged [more]

January 2018 NICS data reveals continuing drop in background checks and gun sales

January 2018 NICS data reveals continuing drop in background checks and gun sales The FBI has recently released the official FBI NICS Background Check data for January 2018 and it looks like the country's gun sales are continuing its steady decline. According to the recently published data, estimated firearms sales last month fell by 8 percent. Dealers across the country managed to process [more]

FBI orders ATF agents to retrieve 4,000 guns from prohibited users

FBI orders ATF agents to retrieve 4,000 guns from prohibited users The Federal Bureau of Investigation has reportedly sent a request for agents of the Bureau of Alcohol Tobacco Firearms and Explosives to retrieve more than 4,000 firearms that were purchased last year. The guns to be confiscated are from owners who should have been prohibited from acquiring them in the [more]

US Air Force failed to report Sutherland Springs shooter's conviction to FBI

US Air Force failed to report Sutherland Springs shooter's conviction to FBI The United States Air Force has announced that it has already launched an investigation to find out why the criminal records for Devin Patrick Kelly, the shooter who killed 26 church-goers in Sutherland Springs, weren't forwarded to the FBI National Instant Criminal Background Check System. According to application forms acquired [more]

26 killed in Texas church shooting, suspect later found dead

26 killed in Texas church shooting, suspect later found dead Sutherland Springs, Texas - A lone gunman opened fire inside a church during service in a small town in Texas killing at least 26 people and injuring 20 others. The gunman was later identified as 26-year old Devin Patrick Kelley, a former member of the US Air Force. Kelley had [more]

Gun sales and stock prices spike following Las Vegas shooting

Gun sales and stock prices spike following Las Vegas shooting Gun-related shooting incidents have historically caused sudden spikes in firearm sales. The latest incident in Las Vegas, which has been described to be one of the deadliest in the country's history, seems to follow the morbid trend as citizens flock to gun stores to stockpile firearms in case of a [more]



NRA Defense against U.S. Supreme Court Firearm Case

 

Supreme Court Gun Case

Earlier this year, there was a debate over a new gun bill, the major concern was whether to expand the FBI NICs background check to cover private sales. The people for the expanded checks like Mayor Bloomberg, and other organizations argued that this also helped prevented “straw sales”, the indirect acquisition of a firearm by a third-party, for money or other compensation, due to the individual not being able to or unwilling to purchase the gun himself; thus preventing guns from ending up in the wrong hands. On the other side however, opponents of the expanded checks like the NRA expressed their concern of the further restrictions on law-abiding citizens second amendment rights.

The Supreme Court of the United States is now hearing a straw sale case concerning a purchase that took place in Virginia where a former state trooper, Bruce Abramski, was charged of committing a straw sale purchase, for buying a firearm for his uncle but filled out the background check form (ATF Form 4473) indicating that the gun was for his own personal use. His defense was based on the fact that the person he purchased the gun for was, in fact, also legally able to buy a gun. Therefore making the defendant’s purchase and transfer of the gun to his uncle legal.

Several circuits have stated the government’s contention that the act of making a false statement on the 4473 form is, in and of itself, a violation of the law, regardless of the intention or additional facts in the case. But the Fifth Circuit upheld the case of U.S.A. Vs. Polk, that buying firearms for someone else, as long as the other individual is also qualified to own a gun, was completely permissible within the statutes that apply to form 4473.

The Polk case was a similar straw purchase conviction, although the actual purchase was made by an individual named Davidson who was acting on instructions from Polk to purchase more than forty different firearms, plastic explosives, grenades, a machine gun, and a light anti-tank weapons system. They were allegedly representing an organization called Constitutional America, that was planning a rebellion against the current United States government. Polk was finally arrested, charged and convicted of soliciting various crimes of violence, along with “aiding and abetting” a straw purchase even though he didn’t actually fill out the 4473.

Abramski, and the NRA, which represented him in the case, wants the Supreme Court to exonerate the former state trooper using their Polk defense. Abramski could have avoided the entire problem by having his Virginia dealer send the gun directly to his uncle’s dealer in Pennsylvania; licensed dealers do this all the time. Whatever the court’s decision would be, some factions have viewed the NRA’s move as desperate, stating that the 4473 form, with all its shortcomings, doesn’t give the purchaser the right to decide for himself whether the gun will eventually wind up in law-abiding hands.

Source: The Huffington Post

 
 
Be Sociable, Share!

Related Posts

Youth groups now calling for action and gun control following Parkland shooting

Tweet Several youth groups, including those formed by students at the Marjory Stoneman Douglas High School, have started to rally in different locations across the country in an effort to stress the importance of gun control. A group called Teens for Gun Reform, which was organized by students through Facebook staged a “lie-in” rally outside […]

Read More

January 2018 NICS data reveals continuing drop in background checks and gun sales

Tweet The FBI has recently released the official FBI NICS Background Check data for January 2018 and it looks like the country’s gun sales are continuing its steady decline. According to the recently published data, estimated firearms sales last month fell by 8 percent. Dealers across the country managed to process approximately 2,030,530 applications through […]

Read More

 
Fbinicsystem.com is not affiliated with any state or federal agencies. We do not, in any way, deem ourselves as an official medium of broadcasting any federal or state announcements or updates. Information provided here is meant to inform and are not to be used for any illegal or criminal activities. This site and its owners are not to be held responsible for any criminal or illegal activities done using any of the information or data provided by third party services or within this site.