Today, the Supreme Court decided Abramski v. United States
(No.12-1493) and granted certiorari in Elonis v. United States
, the Court held that a straw purchaser can be convicted under 18 U. S. C. §922(a)(6) for making false statements about “any fact material to the lawfulness of the sale” of a firearm, regardless of whether or not the true buyer could have purchased the gun without the straw. For an analysis of the opinion see this SCOTUSblog post
, the questions presented are:
(1) Whether, consistent with the First Amendment and Virginia v. Black
, conviction of threatening another person under 18 U.S.C. § 875(c) requires proof of the defendant's subjective intent to threaten, as required by the Ninth Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or whether it is enough to show that a “reasonable person” would regard the statement as threatening, as held by other federal courts of appeals and state courts of last resort; and (2) whether, as a matter of statutory interpretation, conviction of threatening another person under 18 U. S. C. § 875(c) requires proof of the defendant's subjective intent to threaten.