At page 1128 Determining agency and intent in straw purchase convictions13 citing cases“if sales such as this one were insulated from the law's registration provisions, the effect would be tantamount to a repeal of those provisions”
- People v. Laney, 669 N.W.2d 583 (Mich. Ct. App. 2003).publishedUnited States v. Nelson, 221 F.3d 1206 , 1209-1210 (C.A.11, 2000), citing United States v. Lawrence, 680 F.2d 1126, 1128 (C.A.6, 1982).
- 97 Cal. Daily Op. Serv. 2372, 97 Daily Journal D.A.R. 4240 United States of Am. v. Mary Peggy Moore, United States of Am. v. Lee Roy Wiley, 109 F.3d 1456 (9th Cir. 1997).published As we said in Perri v. Department of the Treasury, 637 F.2d 1332, 1336 (9th Cir.1981), “sham or ‘strawman’” purchases occur “when a lawful purchaser buys for an unlawful one.” See United States v. Lawrence, 680 F.2d 1126, 1127-28 (6th Cir.…
- United States v. Donald David Burton, 103 F.3d 131 (6th Cir. 1996).unpublishedUnited States v. Lawrence, 680 F.2d 1126, 1128 (6th Cir.1982); United States v. Cornett, 484 F.2d 1365, 1368 (6th Cir.1983).
- 96 Cal. Daily Op. Serv. 3958, 96 Daily Journal D.A.R. 6451 United States of Am. v. Mary Peggy Moore, United States of Am. v. Lee Roy Wiley, 84 F.3d 1567 (9th Cir. 1996).published See also United States v. Howell, 37 F.3d 1197, 1202 (7th Cir.), mandate recalled for limited purpose of permitting appellants to file petitions for rehearing, 37 F.3d 1207 (7th Cir.1994), cert. denied, — U.S.-, 115 S.Ct. 1810 , 131 L.Ed.2…
- United States v. Willie Ben Beaufort, United States of Am. v. Matthew J. Perry, 83 F.3d 416 (4th Cir. 1996).unpublished(holding in prosecution under § 922(a)(6) that straw purchaser is not transferee or buyer)
- United States v. Shanta A. Howell, & George T. Howell, III, 37 F.3d 1197 (7th Cir. 1994).published (determining in a prosecution un *1203 der 18 U.S.C. § 922 (a)(6) that defendant who signed ATF form with no intention of keeping the weapons is not transferee or buyer)
- United States v. Eric Myron Waters, 10 F.3d 807 (4th Cir. 1993).unpublishedAs the Sixth Circuit aptly stated, "[i]f sales such as this one were insulated from the law's registration provisions, the effect would be tantamount to a repeal of those provisions." United States v. Lawrence, 680 F.2d 1126, 1127 (6th Cir…
- United States v. Gregory S. Brebner, 951 F.2d 1017 (9th Cir. 1991).publishedSee also United States v. Harrelson, 705 F.2d 733, 736 (5th Cir.1983) (“Specific intent is not an essential element of a 922(a)(6) offense; the government need only prove that the defendant imparted ‘false information, with the general int…
- United States v. Abramski, 778 F. Supp. 2d 678 (W.D. Va. 2011).published(affirming a “straw purchase” conviction under § 922(a)(6) and stating that “if sales such as this one were insulated from the law’s registration provisions, the effect would be tantamount to a repeal of those provisions)
- United States v. Ortiz, 318 F.3d 1030 (11th Cir. 2003).published(Other courts have upheld convictions for gun registration violations predicated on sham transactions and we must do so here.)
Show 2 more citing cases
- United States v. Safiallah Muhammad Nelson, 221 F.3d 1206 (11th Cir. 2000).published (affirming a “straw purchase” conviction under § 922(a)(6) and stating that “[i]f sales such *1210 as this one were insulated from the law’s registration provisions, the effect would be tantamount to a repeal of those pr…)
- United States v. Theodore "Ted" Hern, Jr., 926 F.2d 764 (8th Cir. 1991).published(toleration of sham sales would in effect be “tantamount” to repeal of gun control legislation)
At page 1127 defendants who purchase firearms for ineligible foreign citizens violate section 922(a)(6)2 citing cases
- 97 Cal. Daily Op. Serv. 2372, 97 Daily Journal D.A.R. 4240 United States of Am. v. Mary Peggy Moore, United States of Am. v. Lee Roy Wiley, 109 F.3d 1456 (9th Cir. 1997).published (defendants who purchase firearms for ineligible foreign citizens violate section 922(a)(6))
- United States v. Eric Myron Waters, 10 F.3d 807 (4th Cir. 1993).unpublishedAs the Sixth Circuit aptly stated, "[i]f sales such as this one were insulated from the law's registration provisions, the effect would be tantamount to a repeal of those provisions." United States v. Lawrence, 680 F.2d 1126, 1127 (6th Cir…
Other citing cases
- United States v. Dollar, 25 F. Supp. 2d 1320 (N.D. Ala. 1998).published
- United States v. David A. Stewart, 900 F.2d 260 (6th Cir. 1990).unpublished
v.
Willie LAWRENCE; Dana M. Somogye, Defendants-Appellants
This is a direct appeal of the convictions of Willie Lawrence and Dana Somogye for making false statements in connection with the purchase of firearms in violation of 18 U.S.C. § 922(a)(6). Initially we must dispose of counsel’s motion regarding the death of Willie Lawrence. The government has made no objection to the motion and we vacate Lawrence’s conviction and remand the case to the District Court for entry of an appropriate order.
Here, Somogye raises a novel, although specious argument. He admits that he and Lawrence knowingly purchased guns for an individual who could not legally buy them in his own name. However, he argues that because it was they who actually entered the gun store and paid for the weapons neither individual lied when they registered themselves as the buyers of the weapons.
This case was tried to the District Court on the basis of stipulated facts. Those facts reveal that a Mr. Hajjan, a Canadian citizen who was ineligible to purchase firearms, legally, approached the two men and offered to pay them if they would buy some guns for him. Somogye and Lawrence agreed, and the three went to a Toledo gun shop where Hajjan selected several guns and negotiated a price for them. Lawrence began filling out a Bureau of Alcohol, Tobacco and Firearms Form Number 4473. On the form, he identified himself as the “transferee” or “buyer” of the guns. Personnel at the store refused to complete the sale. They stated that since Hajjan and not Lawrence was the buyer it would be an illegal sale. Both Lawrence and Somogye heard the conversation regarding the illegality of the sale. The three men left the store empty-handed.
They then agreed that Somogye and Lawrence would go to another gun store alone and acquire handguns for Hajjan for the same $20-$40 fee per gun previously agreed upon. Hajjan gave Somogye approximately $1,500 to be used to pay for the weapons.
Somogye and Lawrence went to a second store where they bought five guns for approximately $1,360. Both men filled out[*1128] ATF Form 4473 in their own names stating that they were the transferees or buyers although neither man had any intention of actually keeping the weapons. They were subsequently indicted and arrested for making false statements in connection with the acquisition of firearms.
The foundation of Somogye’s argument is that he and Lawrence were not agents of Hajjan but were instead middlemen who purchased the guns for resale to Hajjan. Hence, as principles, they were in fact the buyers of the weapons. This argument does not, however, conform to the facts of the case. Lawrence and Somogye were at all relevant times acting under the control and direction of Hajjan. They purchased the guns designated by Hajjan and did so with his money. The fixed commission they received further evidenced their role as agents. Therefore Lawrence and Somogye were not buyers and their statements on the forms were false in violation of 18 U.S.C. § 922(a)(6). Moreover the facts as stipulated show that they acted knowingly. That level of intent suffices under the statute; specific intent need not be shown, appellant’s arguments to the contrary notwithstanding. United States v. Cornett, 484 F.2d 1365,1368 (6th Cir. 1973).
The result we reach here is necessary if the intentions of Congress as revealed in the Gun Control Act of 1968 [1] are to be followed. If sales such as this one were insulated from the law’s registration provisions, the effect would be tantamount to a repeal of those provisions. Other courts have upheld convictions for gun registration violations predicated on sham transactions and we must do so here. See, e.g., United States v. Brooks, 611 F.2d 614 (5th Cir. 1980).
The judgment of conviction as to Dana Somogye is therefore affirmed. The judgment as to Willie Lawrence is vacated and remanded to the District Court.
. 18 U.S.C. § 921 et seq.