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Here's the deal; all they did was prove he lied on line 11(a) of the 4473

11 a. Are you the actual buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to
you. (See Important Notice 1 for actual buyer definition and examples.)

On the form, it specifically states that falsifying the answer is a felony

I certify that the above answers are true and correct. I understand that answering “yes” to question 11a when I am not the actual buyer of the firearm is a crime punishable as a felony.

The ATF has a document that states a straw purchase is for someone cannot or WILL not buy a gun for themselves in one line, then in another line specifies the the penalty is for buying the gun for someone who is prohibited, so it is confusing at best on what a 'straw purchase' really is. https://www.atf.gov/publications/factsh ... paign.html" onclick="window.open(this.href);return false;

In 2008-2009, the revamped campaign is being released in six cities. ATF and NSSF expanded the campaign to include alerting potential straw purchasers of the penalties of buying a gun for someone who cannot or will not buy one for themselves. This new consumer awareness program reinforces the message that buying a gun for someone who is prohibited is a federal crime punishable by up to 10 years in prison and a fine of up to $250,000. The revised campaign includes public service radio announcements, highway bill boards, and high-profile signage at transit bus stops and on the sides of buses.

No matter, they have him on falsifying the answer on 11a and that is what they will hang him on.

In this case he one several things that hung him.

Abramski purchased the gun three days after his Uncle had written him a check for $400 with “Glock 19 handgun” written in the memo line. During the transaction, he answered “yes” on a federal form asking “Are you the actual transferee buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.”

The BATFE probably found out about the transfer except police later arrested Abramski after they thought he was involved in a bank robbery in Rocky Mount, Virginia. No charges were ever filed on the bank robbery, but during the investigation officials found out about the purchase and charged him with making false statements about the purchase of the gun.

By legal definition this IS a straw purchase per the way the 4473 is worded. The purchase was paid for ahead of time the by the person who was going to receive the firearm, and Abramski lied on the 4473 and said the gun was for him and that he was not acquiring it for another person.

Now, had he paid for the gun with his own money, then transferred it to his Uncle a few days later it would have very hard to prove premeditation on the transfer. They would have had to prove he didn't buy the gun for himself, have a case of buyers remorse, and since the store will not take them back, he offered to sell it to his Uncle who purchased it post buy.