Emily Miller writes on the Abramski case

She calls out a detail I hadn't been aware of previously:

Mr. Abramski, a former police officer, bought the firearm in his home state of Virginia in 2009 because he could get a good price as former law enforcement. The next day, Mr. Abramski met his uncle at a gun dealer in Pennsylvania. Mr. Alvarez filled out the same NICS background check and passed. The two men filled out forms with the dealer to transfer ownership of the firearm.

In other words, these two men complied with the law on interstate firearms sales by going through a licensed FFL for both the initial purchase and the subsequent sale of the firearm. What they did would have passed muster under all the "gun show loophole" or "universal background check" laws in the country. The ATF is prosecuting Abramski because he sold the gun too quickly. If he had sold his uncle a gun he had in his safe at home, and bought himself a new gun to replace it, everything would have been just fine. Not only was there no prohibited person involved in the transaction, both the original transfer and the private sale were conducted through a licensed dealer with a background check.

I'm thinking this should be a slam dunk win in the Supreme Court.

This entry was published Mon Jan 27 12:33:59 CST 2014 by TriggerFinger and last updated 2014-01-27 12:33:59.0. [Tweet]

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