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we'll hear argument next in case 12 1493 abramsky versus United States Mr Dietz Mr chief justice and may please the court in 2009 Bruce abramski went to a gun store in his home in Virginia and purchased the firearm when he did so he filled out all the required Federal paperwork providing his own name and identifying information and passing a background check he then traveled to his uncle's home in Pennsylvania and delivered the firearm to a licensed gun dealer there that gun dealer required Mr abransky's Uncle to fill out the exact same Federal paperwork and pass his own background check before taking possession of the firearm but despite doing precisely what Congress established as the process to buy a firearm intending to sell or give it to a lawful gun owner in another state the government charged Mr abransky was falsely stating that he was the actual buyer of the firearm when he acquired it and that term actually happened if two people walk into the gun store if one person hands the money to the other and says buy me that gun yes sir is that not actionable you are in the 30-year Theory you're on in a circumstance where there are two lawful gun owners that is permissible I think a good way to illustrate that is to consider the government's concession that in that hypothetical if the two people walked into the gun store and the person looked and said I'd like that gun and points to the counter and then the person what's truthful about saying please finish what you were saying I I didn't understand what your point was yes your honor and in that circumstance if uh the the person standing at the counter then says I'd like to buy uh that firearm that the person indicated I'm going to give it to that person then even the government concedes that in that circumstance uh everything about that sale is perfectly lawful and the per the buyer can take it done hand it to that person standing next to him who would leave the gun store with the gun dealer and the government having absolutely no idea who that person is or where the gun is going I'm sorry so you're saying that in that case the gun dealer runs the background check on the person who hands the gun dealer the credit card as opposed to the person who will be the actual recipient of the gun is that what you're saying the statute requires that's correct your honor I think the government concedes that as well and the gift circumstance at least and there's certainly nothing in the gun control act that suggests that Congress was distinguishing between those two circumstances well in the gift in the gift situation but Congress requires certain information from the buyer whatever that means right yes the dealer has to record the name of the buyer right yes and the address of...