Abramski is lost, Kennedy goes with the liberals

sheepdog said:

...in fact, the truth about 11a WOULD have made the sale unlawful...Abramski's uncle was not a resident of the state where the FFL was doing business... <snip>

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Perhaps they "forgot" about that argument .. or they would have been forced to say that the law is unconstitutional too.

Despite Adamski's conviction, nothing in the holding precludes a future plaintiff from suing the ATF to have the 'straw purchase' question removed entirely as it clearly has no legal basis to be on the form in the first place (a fact that the dissent made obviously clear).

I would hope that the NRA, SAF or some other organization would litigate this, but I would guess that they have a lot on their plate already.

jmelvin said:

...US Code Title 18, Chapter 44 likely provides the authorization ...

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This is why the ATF wins.

OC4me said:

Despite Adamski's conviction, nothing in the holding precludes a future plaintiff from suing the ATF to have the 'straw purchase' question removed entirely as it clearly has no legal basis to be on the form in the first place (a fact that the dissent made obviously clear)...

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Too bad we couldn't have had a better defendant.

MAC702 said:

This is why the ATF wins.

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You missed the operating portion of the sentence: "... go ahead and knock yourself out and let us know what part." I was busy, but gave you a good starting place with the reference to the CFR, since you asked.

jmelvin said:

You missed the operating portion of the sentence: "... go ahead and knock yourself out and let us know what part." I was busy, but gave you a good starting place with the reference to the CFR, since you asked.

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I didn't miss anything; I asked you for a reference for a claim YOU made. I consider it moot, but just showing the lack of proof.

I agree that a better solution in the long run is to get the law requiring these silly forms repealed. The SCOTUS is having a hard time with reasonable interpretation of many parts of the constitution recently.