SAR 18#6

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2014 Firearms Directory KY MO MS NC NH NV CLASS 3 DEALER p. 78. The agency appears not to have adopted its current position until the early 1990’s. See U.S. v. Polk, 118 F. 3d 286, 295, n.7 (CA5 1997).“ Thus, the ATF read and interpreted the Gun Control Act in a manner consistent with Abramski’s argument for a period of about 25 years, it was noted. “It is especially contrary to sound practice to give this criminal statute a meaning that the government itself rejected for years,” wrote the dissenters. On another point, the dissenters note that the list of information required to be kept in a dealer’s records does not include whether the transferee is buying the gun for an eligible third party. The majority argued that since federal regulations requires dealers to retain Form 4473’s, any false answer on that form, even one that is not enumerated in the regulations (such as Question 11.a.) “pertains to information a dealer is statutorily required to maintain.” Thus in the majority’s view, if the bureaucrats responsible for creating Form 4473 decided to ask the buyer’s favorite color, a false response would be a federal crime! The statute punishes misstatements “with respect to information required to be kept,” not with respect to “information contained in forms required to be kept.” Because neither the Act nor any regulation requires a dealer to keep a record of whether a customer is purchasing a gun for himself or for an eligible third party, that question had no place on Form 4473- any more than would the question whether the customer was purchasing the gun as a gift for a particular individual and, if so, who that individual was, the dissenters note. Note on Abramski Case Though not mentioned in the preceding article, the Abramski case originated when Abramski bought a handgun in Virginia, in 2009 on behalf of his uncle using his uncle’s money and later transferred it to him in Pennsylvania through a firearms retailer after a background check of the uncle. Thus, Abramski did not just “give” the gun to his uncle, but sent it to a dealer in the uncle’s home state where it was transferred by the dealer after a background check. SHOT Show to be at Sands Through 2020 NSSF and Sands Expo and Convention Center have extended their agreement so that the SHOT Show will be presented at the Sands Expo through 2020. The author publishes two of the small arms industry’s most widely read trade newsletters. The International Firearms Trade covers the world firearms scene, and The New Firearms Business covers the domestic market. He may be reached at: FirearmsB@aol.com. <strong>SAR</strong> Vol. 18, No. 6 106 Nov., Dec. 2014
CLASS 3 DEALER OH OH OH OH PA TN 2014 Firearms Directory www.smallarmsreview.com 107 <strong>SAR</strong> Vol. 18, No. 6
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VP9 SUPPRESSED PISTOL FROM B&T: THE
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SAR 18#6

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