Tuesday, June 17, 2014

More info on the Straw Purchase SCOTUS decision


The 5-4 decision upheld two lower courts that had ruled against so-called straw purchasers, even though the justices acknowledged that Congress left loopholes in gun control laws passed in the 1960s and 1990s.

For gun purchasers to be allowed to buy from licensed dealers without reporting the actual final owners of the firearms, the justices said, would make little sense.

"Putting true numbskulls to one side, anyone purchasing a gun for criminal purposes would avoid leaving a paper trail by the simple expedient of hiring a straw," Justice Elena Kagan wrote for the slim majority.

"No piece of information is more important under federal firearms law than the identity of a gun's purchaser — the person who acquires a gun as a result of a transaction with a licensed dealer," Kagan said.

During oral arguments in the case in January, she had noted that without such a finding, "it does not matter whether the ultimate transferee was Al Capone or somebody else."

Gun control advocates were delighted with the decision. "This is a very big and very positive decision that will save lives by keeping guns out of the hands of dangerous people," said Dan Gross, president of the Brady Center to Prevent Gun Violence.
It was the second ruling from the conservative court this term that went against the gun lobby. In March, the justices ruled unanimously that a federal law intended to keep guns away from domestic violence offenders can apply even if their crime was nothing more than "offensive touching."

Thank you, SCOTUS -- and hooray for you especially, Justice Kagan.

This points out the flaws as well in not requiring a background check on EVERY gun purchase. PERIOD.


  1. "This points out the flaws as well in not requiring a background check on EVERY gun purchase. PERIOD." If only someone would offer a bill or amendment to a bill that opened the NCIS database to all so that a private seller could easily run the background checks... Surely gun control advocates would love that!

    1. Then explain why the NRA fights (lobby politicians with their money) to make sure that does not happen.

    2. The problem with the DIY suggestion is there's no oversight. What we really need is full licensing, full registration and universal background checks.

    3. Mike, we also need consequences if violations occur. AUTOMATIC FELONY, with loss of gun-owning priviledge, is the first thing to do.

    4. Yes indeed. I call it the one-strike-you're-out policy.

  2. I don't know about the ass-backwards or so-called free states, but In California, any transfer of a privately owned gun other than between RDPs, spouses or parents, grandparents and their children must go through a licensed dealer. If it is a handgun,the recipient of the gun must obtain a handgun safety certificate prior to taking possession of the handgun and report the transfer to the DOJ within thirty days of taking possession of the handgun.

    There is no actual gun show loophole that would be legal here. No straw purchasing that would be legal either.