Example of Straw Purchase indictment

[GunLawyer001]

I just came across an indictment from not that long ago, discussing the details of a straw purchase scheme in eastern Pennsylvania:

http://www.usdoj.gov/usao/pae/News/Pr/2006/feb/law.pdf

I think the remedy for this is to prosecute each of the conspirators, not to punish the dealers and everyone else in the state. If making a straw purchase was punishable by 20 years for each gun, then everybody involved would cut a deal to dime out their buddies.

Notice also that these were not all multiple purchases at each store, the purchases were spread out across many dealers and 9 separate buyers (nine that the Feds know about, there could be more). "Nashawn" would stay in business even after "One Gun A Month" was enacted (if he makes $300 per gun he grosses $2700 per month tax-free with his 9 straw buyers, which beats minimum wage). So the only people affected would be you and me.

If we let them pass "One Gun A Month" then they will be back with more restrictive laws, because it won't work worth a damn.

[Brick]

So the feds have multiple felony indictment against Nashawn Omar Law and his 9 conspirators must have flipped on him to get away. I'm glad they got NOL, and I'm glad that the indictment includes charges under GCA '68 regarding his status as a "felon in possession".

What I am not happy about is that no accounting is made for the State laws that were also broken.

[Statkowski]

The state could also prosecute, maybe, but it certainly wouldn't add any to the prison time.

[GunLawyer001]

Originally Posted by Statkowski

The state could also prosecute, maybe, but it certainly wouldn't add any to the prison time.

Actually, the federal and state statutes are separate offenses. Ask the cops who subdued Rodney King whether the same act could be prosecuted independently by both the state and the feds, under a state criminal statute and a federal criminal (or civil rights) statute.

[WhiteFeather]

Good find / info GunLawyer001

Here is a real case example of the law not doing its stated purpose about straw purchases.
The woman in this story should have gotten 42 years in jail and instead got probation, and this article was written as a reason for more stricter laws.
The cop in this article is a real gem

http://www.pafoa.org/forum/pennsylva...er-barrel.html

[RoyJackson]

Thanks for posting that link, Whitefeather!

[Voolfie]

Twenty years? I'd support that if I could be certain that the "legal" concept of "Straw Purchasing" would be narrowly defined enough that an honest mistake by a citizen wouldn't result in a grotesque miscarriage of justice. I'm not at all certain that a law broad enough to be useful wouldn't also be broad enough to allow prosecutorial abuse. Tough call.

[RoyJackson]

Originally Posted by Voolfie

Twenty years? I'd support that if I could be certain that the "legal" concept of "Straw Purchasing" would be narrowly defined enough that an honest mistake by a citizen wouldn't result in a grotesque miscarriage of justice. I'm not at all certain that a law broad enough to be useful wouldn't also be broad enough to allow prosecutorial abuse. Tough call.

Obviously, no law is perfect.
My concern was for buying a firearm as a gift, but there are provisions that address that. I can't see any other reason that someone would buy another person a gun. If the recipient is a reformed felon....well, there are ways to expunge one's record or go for a pardon. We can discuss a lot of "what if's", but the bottom line is if a guy commited a felony or is otherwise prohibited...well, there's no good reason to provide him or her with a firearm.
Straw purchasers are a very real problem...and a very real problem for us gun enthusiasts as the violence puts an onus on guns in general. We all know that is ridiculous...but it's an unfortunate fact of life.