denton
Member
Can't help but wonder what role this might play in the decision....
The firearms laws generally operate in terms of possession, not ownership. That's deliberate, because we don't want anyone loaning a firearm to their no-good second cousin who is between incarcerations for violent crimes. The fact that Abramski's uncle gave him the money to buy the gun goes to the issue of transfer of title. I think that is pretty close to irrelevant.
Abramski did NOT transfer possession of the firearm to his uncle. He transferred possession to an independent, licensed third party, the FFL. There can be nothing wrong with that. I'm sure that if you checked the FFL's book, you would find a written record of Abramski relinquishing possession of the firearm.
The FFL was not even involved in transfer of title. He just handled transfer of possession, after he did the legally required background check.
So as I've thought about this, it seems to me that the situation is more clear if we discard the issue of ownership and title, and follow the chain of possession and control, which is what the law does.
The firearms laws generally operate in terms of possession, not ownership. That's deliberate, because we don't want anyone loaning a firearm to their no-good second cousin who is between incarcerations for violent crimes. The fact that Abramski's uncle gave him the money to buy the gun goes to the issue of transfer of title. I think that is pretty close to irrelevant.
Abramski did NOT transfer possession of the firearm to his uncle. He transferred possession to an independent, licensed third party, the FFL. There can be nothing wrong with that. I'm sure that if you checked the FFL's book, you would find a written record of Abramski relinquishing possession of the firearm.
The FFL was not even involved in transfer of title. He just handled transfer of possession, after he did the legally required background check.
So as I've thought about this, it seems to me that the situation is more clear if we discard the issue of ownership and title, and follow the chain of possession and control, which is what the law does.