The Supreme Court on Monday tightened restrictions on gun purchases, ruling that buyers must take care to explicitly state on their federal purchase form whether they intend to keep or sell their newly-bought gun to someone else.
The 5-4 ruling was seen as the biggest test of gun rights during this term of the Supreme Court, and a majority of justices signaled their desire to strictly interpret the law in light of difficulties in background checks.
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“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,” Justice Elena Kagan wrote in the majority opinion.
The case involved a man who, as a former police officer was entitled to a discount on guns, offered to buy one for his uncle. Bruce Abramski Jr. made the purchase and listed himself as the buyer, clearing a federal background check. He then transferred the gun to his uncle, again done through a federally licensed dealer in compliance with state law.
If he had bought the gun to raffle off, or to give to his uncle as a gift, it would have been legal under the government’s interpretation. But because he bought it specifically to sell to his uncle, the government said, he broke the law by listing himself as the “actual/transferee buyer” of the gun.
Justice Antonin Scalia, in a chiding dissent, said the fact that Mr. Abramski was transferring the weapon was not “material to the lawfulness” of the sale.
He said given the rules on raffles and gifts, the law appears concerned “only with the man at the counter.”
Read more: Washington Times