United States v. Abramski, Jr.

Defendant was convicted of two firearm offenses: (1) making a false statement that was material to the lawfulness of a firearm sale, in violation of 18 U.S.C. 922(a)(6); and (2) making a false statement with respect to information required to be kept in the records of a licensed firearms dealer, in violation of 18 U.S.C. 924(a)(1)(A). On appeal, defendant challenged the denial of his motion to dismiss the indictment and the denial of his motion to suppress evidence. Concluding that the court had jurisdiction under 28 U.S.C. 1291, the court held that the district court properly denied defendant's motion to dismiss the indictment because, by virtue of the bold-print warning on the ATF Form 4473, defendant was on notice that he was not the actual buyer of the handgun if he was purchasing it for someone else. The court also held that the district court did not err in declining to suppress the receipt concerning defendant's transaction with his uncle where the warrant at issue was supported by probable cause and the court rejected defendant's challenge to the scope of the search warrant. Accordingly, the court affirmed the judgment. View "United States v. Abramski, Jr." on Justia Law