I buy a firearm from a dealer. Say I found a pretty awesome deal online (gunbroker, ar15.com, the LGC Trading Post, wherever). I buy the firearm and gift it (or sell it) to someone I know who can legally own a firearm. Say, my father. I transfer the firearm to him through a federally licensed dealer (FFL) since he’s across state lines down in Wisconsin (I’m in Michigan). He goes through the same background check I went through.
Did I break the law? (Remember, this is a hypothetical. I didn’t actually do this.)
Well, there’s a SCOTUS case that’s going to decide that. Let’s go take a look.
Issue: (1) Whether a gun buyer’s intent to sell a firearm to another lawful buyer in the future a fact is “material to the lawfulness of the sale” of the firearm under 18 U.S.C. § 922(a)(6); and (2) whether a gun buyer’s intent to sell a firearm to another lawful buyer in the future is a piece of information “required . . . to be kept” by a federally licensed firearm dealer under Section 924(a)(1)(A).
Interestingly enough, West Virginia was joined by quite a few states (25) in their BRIEF OF AMICI CURIAE (:pdf):
Amici constitute a majority of the States. Amici are the States of West Virginia, Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana,
Kansas, Louisiana, Michigan, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Wyoming; the Commonwealths of Kentucky and Virginia; and Guam.
So what do you think? Does my description up above qualify as illegal or legal? Should it be legal or illegal?