Today our firm filed an amicus brief in the case of Bruce James Abramski, Jr. v. United States in the United States Supreme Court in support of petitioner. Our amicus brief argues that the petition should be granted because it raises compelling concerns about the administration of the national instant background check system that have not been, but should be, settled by the Supreme Court. The ATF “straw purchase” doctrine upon which Abramski’s conviction rests conflicts with both statute and regulation. The ATF Form 4473’s question 11.a. and instructions are misleading and confusing, creating a trap for the unwary. The Form 4473 distinction between a third party gift and a third party purchase is arbitrary and capricious. Finally, Congress has not enacted any law authorizing the prevention of straw purchases of firearms from licensed firearm dealers and has thus far declined to enact the ATF “straw purchase” doctrine into law.
Our brief was filed on behalf of Congressman Steve Stockman, Former ATF Assistant Director Robert E. Sanders, Gun Owners Foundation, U.S. Justice Foundation, Gun Owners of America, Inc., Institute on the Constitution, Lincoln Institute for Research and Education, Abraham Lincoln Foundation, Conservative Legal Defense and Education Fund, DownsizeDC.org, Downsize DC Foundation, Policy Analysis Center, Oregon Firearms Federation, Virginia Citizens Defense League, and Wisconsin Gun Owners.