I buy a firearm from a dealer. Say I found a pretty awesome deal online (gunbroker, ar15.com, wherever). I buy the firearm and gift it (or sell it) to someone I know can legally own a firearm. Say, my father. I transfer the firearm to him through a federally licensed dealer (FFL) since he's across state lines down in Wisconsin (I'm in Michigan). He goes through the same background check I went through.
Did I break the law? (Remember, this is a hypothetical. I didn't actually do this.)
Well, there's a SCOTUS case that's going to decide that. Let's go take a look.
Right to Keep and Bear Arms is a DKos group of second amendment supporters who have progressive and liberal values. We don't think that being a liberal means one has to be anti-gun. Some of us are extreme in our second amendment views (no licensing, no restrictions on small arms) and some of us are more moderate (licensing, restrictions on small arms.) Moderate or extreme or somewhere in between, we hold one common belief: more gun control equals lost elections. We don't want a repeat of 1994. We are an inclusive group: if you see the Second Amendment as safeguarding our right to keep and bear arms individually, then come join us in our conversation. If you are against the right to keep and bear arms, come join our conversation. We look forward to seeing you, as long as you engage in a civil discussion.
Abramski vs US
Issue: (1) Whether a gun buyer’s intent to sell a firearm to another lawful buyer in the future a fact is “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).
Interestingly enough, West Virginia was joined by quite a few states (25) in their BRIEF OF AMICI CURIAE (:
pdf):
Amici constitute a majority of the States. Amici are the States of West Virginia, Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana,
Kansas, Louisiana, Michigan, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Wyoming; the Commonwealths of Kentucky and Virginia; and Guam.
So what do you think? Does my description up before the jump qualify as illegal or legal? Should it be legal or illegal?