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Another WTF moment from the ATF

ATF

There is a trial going on in the Supreme Court that isn’t getting too much press but if nothing else it highlights the pointlessness of gun control and the ATF in general.

Abramski v United States

The facts of the case are pretty straight forward.  A Law Enforcement Officer from Virginia goes to a gun shop and buys a gun.  He then takes the gun to a Pennsylvania FFL Dealer and transfers it over to his uncle for whom the gun was for.  The officer, Mr. Abramski, picked up the gun as a gift for his uncle and followed the law about transferring ownership to a resident of another state, hence the FFL transfer and the NICS check.  The uncle had given his nephew money to purchase the gun but the act of picking it up and driving it to him was viewed by Mr. Abramski as a gift.

Everyone agrees on the above facts.

The ATF though, with their heads secured firmly in their fourth point of contact cries “STRAW MAN STRAW MAN”.

This was because on the back of the Form 4473 Mr. Abramski check the box saying that the gun was for him.

Why did he check that box?  Was he trying to be sneaky and lying?  No.  He checked the box because the Form TOLD him to check the box.

In the instructions to “Question 11 a) are you the buyer” the instructions clearly state that if you are buying the firearm for someone else as a gift than you should answer yes to 11 a).

Apparently the ATF has nothing better to do than to try and ruin the life of a Virginia LEO based on the disagreement of what a gift is.

When coming from New York City to Pittsburgh I might pick up some canolli for a friend who pays me for them when I get there…does that not make it a gift?  I mean, I didn’t HAVE to pick up the delicious Italian pastry and drive them across the state but I did and the act was a gift.

Does the ATF really need to make a federal case out of this?  I guess so.

The decision will probably be broader than simply quesiton 11 a) and will delve into ACTUAL straw purchases.  Of course, the ATF couldn’t really bring an ACTUAL straw purchaser up on charges because, as with most gun control, Form 4473 is completely pointless in stopping actually crime.

Because ACTUAL Straw purchasers don’t got to FFL’s and have their firearms LEGALLY transferred to someone else.

Once again the ATF proves that it is an embarrassment to itself and a black stain on the liberty of all Americans.

They should make better use of their time and go hassle Surprise Smurf.  Yes…trying to find and harrass a fictional cartoon character is a better use of the ATF’s time than what they do now.

 

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  • White Bear

    Of all the federal agencies that should be abolished, the BATFE should be the first to go.

    • Wootsauce

      DHS or IRS are pretty big contenders.

      • White Bear

        No argument there, but the first priority is being able to maintain our ability to resist tyranny.