abramski argued january decided june petitioner bruce abramski offered purchase handgun uncle form federal regulations required abramski fill form asked whether actual gun clearly warned straw purchaser namely someone buying gun behalf another actual buyer abramski falsely answered actual buyer abramski convicted knowingly making false statements respect fact material lawfulness sale gun making false statement respect information required kept gun dealer records fourth circuit affirmed held abramski misrepresentation material pp abramski contends federal gun laws entirely unconcerned straw arrangements long person counter eligible gun sale legal statute sure federal law regulates licensed dealer transactions persons transferees without specifying whether language refers straw buyer actual purchaser read light statute context structure purpose clear language refers true buyer rather straw federal gun law establishes elaborate system identification background checks ensure guns kept hands felons prohibited purchasers also imposes requirements assist law enforcement authorities investigating serious crimes tracing guns buyers provisions mean little gun buyer evade simply enlisting aid intermediary execute paperwork behalf statute language thus best read context refer actual rather nominal buyer conclusion reinforced standard practice focusing practical realities rather legal formalities identifying parties transaction pp abramski argues narrowly false response material uncle legally bought gun abramski false statement prevented dealer insisting true buyer alvarez appear person provide identifying information show photo id submit background check nothing statute suggests legal duties may wiped away merely actual buyer turns legally eligible gun dealer lawfully sold gun known abramski true buyer misstatement material lawfulness sale pp abramski misrepresentation identity actual buyer concerned information required chapter title code kept dealer records chapter contains provision requiring dealer maintain records attorney general may prescribe attorney general requires every licensed dealer retain records completed copy form see cfr form turn includes actual buyer question abramski answered falsely therefore falsely answering question form violates pp affirmed kagan delivered opinion kennedy ginsburg breyer sotomayor joined scalia filed dissenting opinion roberts thomas alito joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press bruce james abramski petitioner writ certiorari appeals fourth circuit june justice kagan delivered opinion federally licensed firearms dealer may sell gun purchaser must provide certain personal information show photo identification pass background check ensure accuracy submissions federal statute imposes criminal penalties person connection firearm acquisition makes false statements fact material lawfulness sale case consider law applies straw purchaser namely person buys gun someone else behalf falsely claiming hold misrepresentation punishable statute whether true buyer purchased gun without straw federal law years regulated sales licensed firearms dealers principally prevent guns falling wrong hands see gun control act et seq certain classes people felons drug addicts mentally ill list may purchase possess firearm ensure forbids licensed dealer selling gun anyone knows reasonable cause believe prohibited buyer see huddleston focus federal scheme controlling access weapons federally licensed firearms dealer statute establishes detailed scheme enable dealer verify point sale whether potential buyer may lawfully gun section brings purchaser onto dealer business premises prohibiting except limited circumstances sale firearm person appear person location provisions require dealer check make use certain identifying information received buyer completing sale dealer must verif identity transferee examining valid identification document bearing photograph addition dealer must procure buyer name age place residence finally dealer must limited exceptions issue submit information national instant background check system nics determine whether potential purchaser reason disqualified owning firearm see statute insists dealer keep certain records enable federal authorities enforce law verification measures trace firearms used crimes see dealer must maintain identifying information mentioned name age residence permanent files see addition dealer must keep records sale disposition firearms attorney general may regulations prescribe attorney general designee may obtain inspect records course bona fide criminal investigation determin disposition firearms implement statutory requirements bureau alcohol tobacco firearms explosives atf developed form gun sales see supp app part form completed buyer requests name birth date address well certain identifying information example height weight race form lists factors disqualifying person gun ownership asks buyer whether apply ave ever convicted felony important question asks bolded emphasis appearing form actual firearm listed form warning actual buyer acquiring firearm behalf another person actual buyer dealer transfer firearm ibid accompanying instructions question provide question actual purposes form actual buyer purchasing firearm otherwise acquiring firearm also actual legitimately purchasing firearm gift third party actual ples smith asks jones purchase firearm smith smith gives jones money firearm jones actual firearm must answer question responding questions customer must sign certification declaring answers true correct complete certification provides signator understand making false statement respecting transaction particularly answering question actual buyer crime punishable felony federal law ibid bold typeface deleted two statutory provisions designed ensure dealer rely truthfulness buyer disclosures carrying obligations criminalize certain false statements firearms transactions first foremost provides follows shall unlawful person connection acquisition attempted acquisition firearm ammunition licensed dealer knowingly make false fictitious oral written statement intended likely deceive dealer respect fact material lawfulness sale disposition firearm ammunition provisions chapter provision helps make certain dealer receive truthful information matter relevant gun sale legality addition prohibits knowingly mak ing false statement representation respect information required chapter kept records federally licensed gun dealer question case whether atf declares form certification statutory provisions criminalize false answer question customer statement actual purchasing firearm fact straw purchaser buying gun someone else behalf petitioner bruce abramski former police officer offered buy glock handgun uncle angel alvarez abramski thought get gun discount showing old police identification though government contends fired job two years earlier longer authorized use card accepting nephew offer alvarez sent abramski check glock handgun written memo line two days later abramski went town police supply federally licensed firearms dealer make purchase filled form falsely checking yes reply question asserting actual buyer according form clear definition also signed requisite certification acknowledging understanding false answer question federal crime abramski name cleared nics background check dealer sold glock abramski deposited check bank account transferred gun alvarez got back receipt federal agents found receipt executing search warrant abramski home became suspect different crime grand jury indicted abramski violating falsely affirming response question glock actual buyer abramski moved dismiss charges argued misrepresentation question material lawfulness sale alvarez legally eligible gun claimed false statement violate buyer response question required kept records gun dealer district denied motions see supp wd abramski entered conditional guilty plea reserving right challenge rulings district sentenced five years probation count running concurrently appeals fourth circuit affirmed convictions noted division among appellate courts question abramski raised materiality requirement three courts addressed issue one agreed abramski misrepresentation question immaterial true purchaser alvarez lawfully purchase firearm directly quoting polk fourth circuit however thought majority position correct identity actual purchaser firearm constant always material lawfulness firearm acquisition also held abramski conviction valid finding statute required dealer maintain information issue records granted certiorari principally resolve circuit split abramski renews claim false answer question immaterial true buyer legally eligible purchase firearm abramski focuses new ambitious argument concedes previously accepted see brief petitioner brief alleges false response question never material gun sale legality whether actual buyer eligible gun begin fundamental question next turn become abramski argument finally consider relatively easy question pertaining separate prohibition score affirm abramski conviction ii abramski broad theory mostly echoed dissent federal gun law simply care arrangements involving straw purchasers long person counter eligible gun sale legal statute true abramski contends irrespective agreement person made purchase firearm behalf someone else including someone lawfully buy gun accordingly abramski concludes false statement glock buyer term defined question material indeed utterly irrelevant lawfulness sale emphasis deleted see also post opinion scalia essence claims town police supply legally sold gun even truthfully answered question disclosing straw federal firearms law cares whether individual standing dealer counter meets requirements buy core argument relies one true fact federal gun law regulates licensed dealers transactions persons transferees without specifically referencing straw purchasers section example bars dealer sell ing otherwise dispos ing firearm person falls within prohibited drug addicts mentally ill forth see supra see also selling gun person dealer must take name age residence selling gun person dealer must run background check similarly requires dealer verify identity transferee checking valid photo id see supra see also spelling circumstances transferee may buy gun without appearing dealer premises abramski contends congress use language alone sans mention straw purchasers actual buyers shows illegal buy gun someone else brief petitioner reply brief see also post language merely raises rather answers critical question straw purchase person transferee federal gun law addresses person middleman buying firearm someone else behalf often ultimate recipient buy wants camouflage transaction person instead individual really paying gun meant take possession upon completion purchase conduit counter gun intended owner answering inquiry must usual interpret relevant words vacuum reference statutory context structure history purpose maracich spears slip tools divining meaning mention common sense fortunate though inevitable construing statutory terms fairly demonstrate regulating licensed dealers gun sales looks straw actual overarching reason abramski reading undermine indeed important purposes virtually repeal gun law core noted earlier statute establishes elaborate system verify gun purchaser identity check background see supra also requires information gathered go dealer permanent records see supra twin goals comprehensive scheme keep guns hands criminals others assist law enforcement authorities investigating serious crimes see huddleston supra part scheme work statute turned blind eye straw purchases words law addressed substance transaction empty formalities see consider happens typical straw purchase felon person buy gun still wants obtain one alternatively person legally buy firearm wants conceal purchase maybe use gun criminal purposes without fear police officers later trace accordingly prospective buyer enlists intermediary help accomplish illegal aim perhaps conscripts loyal friend family member perhaps often hires stranger purchase gun price actual purchaser might even accompany straw gun shop instruct firearm buy give money pay counter take possession walk door see bowen fed appx describing straw purchase along lines paye fed appx per curiam true buyer leave straw possesses gun minute give identifying information dealer submit background check many statute provisions scenario lawful result abramski dissent reading transferee person render meaningless start parts enabling dealer verify whether buyer legally eligible firearm task noted earlier begins identification requesting name address age potential purchaser checking photo id see supra identification turn permits background check dealer runs purchaser name nics database discover whether example felon drug addict mentally ill person see supra provisions designed accomplish previously termed congress principal purpose enacting statute curb crime keeping hands legally entitled possess huddleston quoting sess abramski reading statutory terms utterly ineffectual identification background check wrong person provisions evaluate eligibility mere conduits allowing every criminal drug addict forth escape assessment walk away weapon similarly abramski view defeat point tightly restricts sale guns person appear person licensee business premises see supra narrow class prospective buyers may ever purchase gun afar primarily individuals already eligibility firearm verified state law enforcement officials access nics database see cfr supra even individual fits within category still must submit dealer sworn statement lawfully gun well provide name address principal law enforcement officer community see dealer forward notice sale officer order allow law enforcement authorities investigate legality sale necessary call stop see provision thus prevents remote sales except small class buyers subject extraordinary procedures ensure effective verification potential purchaser eligibility yet abramski view person easily bypass scheme purchasing gun without ever leaving home dispatching gun store hired deliveryman indeed abramski right see reason anyone certainly anyone motives put procedures laid deliverymen hard come likewise statute provisions serve little purpose records kept nominal rather real buyers noted earlier dealers must store law enforcement officers may obtain information gun buyer identity see supra information helps fight serious crime police officers retrieve gun crime scene trace buyer consider suspect see national shooting sports foundation jones cadc describing law enforcement use firearm tracing required records enable dealers identify certain suspicious trends must report federal authorities see imposing reporting obligation person buys multiple handguns within five days provisions serve objective records point person took actual control gun otherwise police learn identity intermediary responsible gun use might know next nothing actual buyer see juarez straw purchaser bought assault rifles later found among mexican gang members buyer known abramski view thus render required records close useless aiding law enforcement putting true numbskulls one side anyone purchasing gun criminal purposes avoid leaving paper trail simple expedient hiring straw sum far prerequisites buying gun described refer person transferee read abramski way man counter terms deny effect regulatory scheme criminals always use straw purchasers evade read way man getting always meant get firearm terms give effect statutory allowing accomplish manifest objects alone provides sufficient reason understand person transferee referring fictitious real buyer language confirms construction evincing congress concern practical realities rather legal niceties firearms transactions example bars material misrepresentations connection acquisition purchase firearm broader word previously held focus legal title let alone legal title short moments another always intended transfer occurs huddleston instead term signifies com ing possession control power disposal actual buyer straw purchase ibid similarly reasoned approach draws support statute repeated references sale disposition firearm see making unlawful sell otherwise dispose gun prohibited person term stated aimed providing maximum coverage think expansive language inconsistent abramski view statute stare myopically nominal buyer remaining blind person exiting transaction control gun finally reading comports courts standard practice evident many legal spheres presumably known congress ignoring artifice identifying parties transaction one model ford deluxe coach commercial credit example considered operation statute requiring forfeiture interest property used violate prohibition laws except acquired good faith straw purchaser bought car name brother money transferred brother known bootlegger right driving lot see held finance company lien car company hint straw straw brother fact owner see company known made clear different result obtained company relied formalities sale purchaser knew real owner purchaser car someone different similarly emphasized need contexts involving criminal civil penalties look transaction nominal parties true participants see american needle national football league focusing substance rather form assessing entities distinct enough capable conspiring violate antitrust laws gregory helvering disregarding intermediary shell corporation created avoid taxes otherwise exalt artifice reality holding consistent text structure purpose using straw enable evasion firearms law abramski along dissent objects action circumvention congress made intentional choice born political compromise limit gun law compass person counter even merely acting another behalf reply brief post evidence abramski statute regulate beyond initial point sale law mostly addresses sales made licensed dealers purchaser within wide limits subsequently decide resell gun another private party see reply brief similarly abramski says purchaser buy gun someone else gift see brief petitioner abramski lumps category transfer gun nominal real buyer something like later resale gift meant fall outside statute purported scope see reply brief see also post abramski dissent draw wrong conclusion observations resales gifts yes congress decided regulate dealers sales leaving secondary market guns largely untouched noted huddleston congress chose make dealer principal agent federal enforcement restricting criminals access firearms yes choice like pretty much everything congress surely result compromise straw arrangements part secondary market separate apart dealer sale claiming much abramski merely repeats mistaken assumption person acquires gun dealer case like one straw rather individual made prior arrangement pay take possession use part dealer stock reasons already given plausible construction statute mandating dealer identify run background check person really fictitiously selling gun see supra individual sends straw gun store buy firearm transacting dealer every way formal distinguishes person one buys gun receives gun gift private line congress drew acquire guns dealers get gifts secondary market suspect reflects host things including administrative simplicity view problematic firearm transactions like criminal organizations bulk gun purchases typically occur whatever reason scarcity controls secondary market provides reason gut robust measures congress enacted point sale abramski claims support argument congress decision amend prohibit private party originally enacted licensed dealer selling gun someone knows reasonably know legally possess one see firearm owners protection act stat according abramski revised understood congress exclusive response potential dangers arising straw purchases see brief petitioner amendment shows claims congress chose address perceived problem way imposing liability straw tells licensed dealer firearm actual buyer reply brief congress amendment says nothing application straw purchasers enacting amendment congress left undercutting suggestion congress intended contract provision reach amendment instead performed different function rather ensuring licensed dealer receives truthful information extended minimal form regulation secondary market revised prevents private person knowingly selling gun ineligible owner matter acquired weapon thus applies straw purchaser individual bought gun later decided resell time nothing say raft cases covers including many straw purchases frontman know actual buyer ineligible see supra thus serve effective substitute mere potential transactions run afoul prohibitions gives cause read limiting vice versa see batchelder abramski principal attack conviction therefore fails contrary contention information question requests actual put conversely firearm behalf another person relevant lawfulness gun sale reasons given firearms law contemplates dealer check fictitious purchaser instead true purchaser identity eligibility gun ownership concealing alvarez actual buyer abramski prevented dealer transacting alvarez see recording name age residence see inspecting photo id see submitting identifying information background check system see determining whether prohibited receiving firearm see sum abramski thwarted application essentially firearms law requirements hardly think misrepresentation material sale legality iii abramski also challenges conviction narrower ground purposes argument assumes government make case straw hides name underlying purchaser legally ineligible gun abramski reminds us true alvarez bought gun circumstances abramski claims false response question material see brief petitioner essentially abramski contends hidden purchaser eligible anyway gun well ends well forgiven think already said shows fallacy claim abramski false statement material revealed purchasing gun alvarez behalf sale proceeded law even though alvarez turned eligible gun owner sale initial matter complied restrictions absentee purchases see supra dealer town police supply realized fact selling gun alvarez stop transaction failure comply conditions yet sale gone forward dealer lacked information needed verify record alvarez identity check background see supra requirements explained pertain real buyer discovery alvarez passed background check somehow wipe away accordingly town police supply known abramski straw certified form demands belief transfer unlawful supp app analogy may help show weakness abramski argument suppose purchaser smith lawfully gun suppose reasons smith uses alias let say jones make purchase anyone say harm foul smith fact prohibited person think smith event made false statement gun impeding dealer ability carry legal responsibilities abramski objects alvarez gun statute core purpose keeping guns hands criminals prohibited persons even implicated brief petitioner argument apply less alias scenario misunderstands way statute works earlier noted federal gun law makes dealer principal agent federal enforcement huddleston see supra highly regulated legally knowledgeable entity possessing access expansive nics database responsibility nsure course sales dispositions weapons obtained individuals whose possession contrary public interest nothing less consonant statutory scheme placing inquiry hands unlicensed straw purchaser unlikely familiar federal firearms law ability use database check whether true buyer may gun event keeping firearms hands criminals goal statute provisions said also designed aid law enforcement investigation crime see supra abramski proposed limitation undercut purpose many criminals remain legally eligible buy firearms thus use straws purchase endless stream guns see polk eligible gun buyer used straw purchasers secretly accumulate arsenal weapons massive offensive federal government addition abramski briefly notes atf took view straw purchaser misrepresentation counted material true buyer legally possess gun see brief petitioner supra may put aside atf almost two decades taken opposite position reflecting appellate case law changes statute see tr oral arg brady handgun violence prevention act stat codified critical point criminal laws courts government construe see apel slip never held government reading criminal statute entitled deference think atf old position relevant current one say relevant whether government interprets criminal statute broadly sometimes narrowly atf used construing obligation correct error nothing suggests congress entity whose voice matter limited prohibition straw purchaser misrepresentation way abramski proposes iv finally abramski challenges conviction prohibits knowingly mak ing false statement respect information required chapter kept records federally licensed dealer provision broader one respect require false statement issue material way time includes element absent false statement must relate information required chapter kept dealer records abramski notes indictment case charged one misrepresentation statement response question buying glock behalf rather someone else argues information unlike transferee name age place residence plausibly reads indictment mentioning required chapter form kept dealer permanent records brief petitioner disagree included chapter chapter title provision noted earlier requiring dealer maintain records sale disposition firearms place business period form attorney general may regulations prescribe supra statutory section information attorney general regulations compel dealer keep information required chapter regulations validity abramski contest demand every licensed dealer retain part required records form obtained course selling otherwise disposing firearm cfr accordingly false answer form one abramski made pertains information dealer statutorily required piece information important federal firearms law identity gun purchaser person acquires gun result transaction licensed dealer abramski admitted purchaser merely straw asking dealer verify identity run background check wrong individual sale gone forward makes abramski misrepresentation question material statement pertained information dealer must keep permanent records firearms law abramski answer question also violated accordingly affirm judgment fourth circuit ordered scalia dissenting bruce james abramski petitioner writ certiorari appeals fourth circuit june justice scalia chief justice justice thomas justice alito join dissenting bruce abramski bought gun uncle federally licensed gun dealer using money uncle gave purpose men legally eligible receive possess firearms abramski transferred gun uncle federally licensed gun dealership compliance state law buying gun abramski fill form issued bureau alcohol tobacco firearms explosives atf response question form abramski affirmed buyer gun even though form stated actual purchasing gun third party person request funds provided person government charged abramski two federal crimes gun control act amended making false statement material lawfulness sale violation making false statement respect information required act kept dealer violation counts government interprets criminal statute punish conduct plain language simply reach respectfully dissent holding contrary section crime make false statement licensed gun dealer fact material lawfulness firearms sale abramski made false statement claimed gun actual form defined term false statement material lawfulness sale since truth abramski buying gun uncle uncle money made sale unlawful see kungys plurality opinion materiality determined asking ensued official knowledge misrepresented fact accord stevens concurring judgment therefore abramski conviction count stand several provisions act limit circumstances licensed gun dealer may lawfully sell firearm prominently act provides one may sell otherwise dispose firearm person knows reasonable cause believe falls within one nine prohibited categories felons fugitives users mentally ill government contend either abramski uncle fell one prohibited categories provision act prohibits one person eligible receive possess firearms abramski buying gun another person eligible receive possess firearms abramski uncle even request money government contention abramski false statement material lawfulness sale depends strained interpretation provisions mention person dealer sell transfer deliver gun dealer may sell deliver firearm person without recording name age place residence person may without following special procedures sell firearm person appear person dealer business may transfer firearm person without verifying person identity running background check may sell deliver firearm person knows reasonable cause believe resides different state government maintains case abramski uncle person dealer old gun sale consequently violated provisions bases assertion claim gun control act implicitly incorporates principles agency law brief principles contends individual walks dealer store fills requisite forms pays dealer takes possession gun necessarily person dealer sell gun instead says must ask whether individual bought gun third party agent third party person dealer sell gun within meaning relevant statutory provisions majority agrees although never explicitly mentions agency law declares individual buying firearm someone else behalf someone else person dealer sell gun within meaning statute ante doubt three four provisions issue establish materiality abramski falsehood even abramski uncle deemed person dealer old unquestionably since prohibits dealer selling gun person resides another state abramski uncle moment however abramski uncle person gun old contrary interpretation provided government majority founders plain language act interpret criminal statutes like statutes manner consistent ordinary english usage jones bailey ordinary usage vendor sells delivers transfers item merchandise person physically appears store selects item pays takes possession give son tell pick milk eggs store english speaker say store sells milk eggs even prepared let principles agency law trump ordinary english usage interpretation criminal statute principles require different result see restatement second agency illustration behalf disclosed principal makes written contract wherein promises buy agrees sell certain machinery fraud inducement already paid maintain action thousand dollars emphasis added huddleston majority relies ante suggest otherwise addressed types transactions covered statutory term acquisition term whose meaning issue holding limited transaction included pawnshop redemption firearm said nothing distinct question dealer sell transfer deliver firearm given transaction case stand majority believes approach ante said term acquisition providing maximum coverage ibid quoting substance form demands everything act must assumed provide maximum coverage word defined mean simply come possession control power disposal gives intimation title ownership necessary contrary majority assertion statute merely raises rather answers critical question whether abramski uncle person dealer old gun ante statute speaks question directly giving text plain ordinary meaning abramski uncle person government identified reason arrangement abramski uncle eligible receive possess firearms material lawfulness majority contends however gun control act principal purpose curb ing crime keeping firearms hands legally entitled possess demands conclusion abramski uncle person dealer old gun ante internal quotation marks omitted law pursues purpose costs textual limitations upon law scope equally part rapanos plurality opinion majority arguments describe statute congress reasonably might written statute wrote heart majority argument claim unless abramski uncle deemed person gun old act identification requirements render ed meaningless ante vastly overstates consequences perhaps statute serve purpose crime prevention effectively requirements issue looked past man counter person getting always meant get ante ensuring person taking possession firearm dealer eligible receive possess firearm recording information person later reference means worthless functions contrary indisputably advance purpose crime prevention making harder ineligible persons acquire guns easier government locate guns future simply advance purpose degree exacting law might done act focus man counter situation render requirements meaningless confirmed government concession act similar focus many comparable situations gun immediate purchaser use majority phrase mere condui contemplated transfer gun different person take possession use ante consider following scenarios even government regards man counter person dealer sell gun guns intended gifts government view individual buys gun intent making gift firearm another person gun true purchaser atf federal firearms regulations reference guide hereinafter atf guide government position makes exception situations gift specifically requested recipient gifts sometimes long money changes hands agency relationship formed gifter giftee act concerned man counter guns intended resale introducing money equation automatically change outcome government admits man counter true purchaser even immediately sells gun someone else tr oral arg appears government position even man counter purchased gun intent sell particular third party long two enter agency relationship guns intended raffle prizes government considers man counter true purchaser even buying gun purpose raffling event case provide information form transfer firearm raffle winner without form completed background check conducted winner atf guide statute requirements render ed meaningless treating abramski rather uncle true purchaser every bit meaningless scenarios described government concession statute operating appropriately scenarios cause majority reevaluate assumptions type degree regulation statute regards meaningful majority clear regards abramski interpretation creating loophole law even fair characterization majority convinced statute many admitted loopholes contain particular loophole majority answer argument individual sends straw gun store buy firearm transacting dealer every way formal ante emphasis deleted certainly distinguishes individual intended subsequent donee purchaser fact orange hair establish individual others thought covered statutory language person dealer sell gun naturally apply thing justify leap false imperative make statute effective possible rather effective language indicates congress scenarios described show statute typically concerned man counter even man practical sense conduit promptly transfer gun someone else perhaps congress wanted rule easy understand administer government proposed agency test majority apparent adoption test sans mention agency law certainly counsel government pressed hypothetical situations neatly case said frankly unhelpfully turn factual question hether purchase made behalf someone else tr oral arg perhaps congress drew line gun control act like many contentious pieces legislation compromise among highly interested parties attempting pull provisions different directions barnhart sigmon coal see director office workers compensation programs newport news shipbuilding dry dock perhaps whose votes needed passage statute wanted lawful purchaser able use agent statute shaped political tradeoffs controversial area may appear imperfect perspectives ability imagine ways redesigning statute advance one congress ends render irrational preseault icc must accept congress balancing conflicting demands divided citizenry statute wrote meaning statute going far michigan bay mills dian community slip abramski reading render act requirements meaningless evidenced fact decades even atf read statute criminalize conduct like abramski congress passed act atf initial position act prohibit sale gun eligible buyer acting behalf third party even ineligible one see hearings subcommittee investigate juvenile delinquency senate committee judiciary pt years later atf modified position asserted act prohibit dealer making sale person actually purchasing firearm another person unless person prohibited receiving possessing firearm case dealer guilty unlawfully aiding prohibited person violation atf industry circular guide federal firearms regulation agency appears adopted current position early see polk majority deems enforcement history relevant government reading criminal statute entitled deference ante fact agency charged enforcing act read period roughly years apply type conduct issue powerful evidence interpreting act way natural reasonable make requirements meaningless even statute wrongly thought ambiguous point rule lenity defeat government construction familiar principle concerning ambit criminal statutes resolved favor lenity skilling principle prevents us giving words criminal statute meaning different ordinary accepted meaning disfavors defendant burrage slip means criminal statute two possible readings harsher unless congress language clear definite bass reasons given said statute unambiguously commands government current reading especially contrary sound practice give criminal statute meaning government rejected years majority mention rule lenity apart ante responding concedes text creates ambiguity says context structure history purpose resolve ibid reasons given context structure support majority interpretation history refutes showing government interpreted statute leniently many years purpose supports one imputes statute purpose broader text discloses practice nullify rule lenity cases see part lenity role play clear case one stop pretending genuine part jurisprudence contrary majority miserly approach rule lenity applies whenever legitimate tools interpretation exhausted reasonable doubt persists regarding whether congress made defendant conduct federal crime moskal words whenever tools decisively dispel statute ambiguity skilling supra see scheidler national organization women cleveland crandon text structure history fail establish government position unambiguously correct apply rule lenity resolve ambiguity defendant favor granderson honestly said text structure history gun control act establish unambiguously correct act makes abramski conduct federal crime refusing apply lenity majority turns back rule perhaps much less old construction wiltberger wheat marshall see blackstone commentaries laws england penal statutes must construed strictly chief justice marshall wrote rule founded tenderness law rights individuals plain principle power punishment vested legislative judicial department wiltberger supra forbids criminalize act simply deems act equal atrocity kindred character enumerated today majority disregards foundational principle ii section crime make false statement respect information required chapter kept records federally licensed gun dealer emphasis added chapter refers chapter title code contains gun control act question abramski answered falsely whether buying gun someone else act require dealer record information simply required record name age place residence person firearm old deliver ed explained person abramski uncle see part supra majority says act also directs dealers records attorney general may regulations prescribe ante quoting regulation require information recorded relevant regulation provides dealer shall obtain form transferee showing transferee name sex residence address including county similar political subdivision date place birth height weight race transferee transferee country citizenship transferee alien number admission number transferee state residence certification transferee transferee prohibited act transporting shipping firearm interstate foreign commerce receiving firearm shipped transported interstate foreign commerce possessing firearm affecting commerce cfr long list information regulation requires kept dealer records include whether transferee buying gun eligible third party wait majority says another provision regulation requires dealer part required records form obtained course selling disposing firearm ante quoting cfr therefore according majority false answer form even answer question among enumerated regulation necessarily pertains information dealer statutorily required maintain ante carries text statute bridge far majority view bureaucrats responsible creating form decided ask buyer favorite color false response federal crime statute says statute punishes misstatements respect information required kept emphasis added respect information contained forms required kept neither act regulation requires dealer keep record whether customer purchasing gun eligible third party question place form question whether customer purchasing gun gift particular individual individual statute criminalizes false answer ultra vires question form criminalizes purchaser volunteering false address form information regarding abramski status straw purchaser information required kept end matter view best indeed plausible interpretation minimum statute ambiguous lenity rest see part makes federal crime one lawful gun owner buy gun another lawful gun owner whether sensible result statutes congress enacted support especially appropriate resolve ambiguity statutes favor accused respectfully dissent footnotes principal exception buyer state permit issued authorized government official verified buyer eligibility gun federal state law compare polk morales misrepresentation true purchaser identity material even legally gun frazier reflecting prior consensus neither abramski principal amici national rifle association group joins abramski making broader argument confine supporting limited claim straw purchases made behalf eligible gun owners addressed infra dissent reserves question whether false statement material straw purchaser knew true buyer eligible firearm post first reservation quite limited scope unlike abramski argument imposes liability whenever true purchaser legally buy gun dissent reservation applies straw knowledge least reasonable cause believe fact later note straws often knowledge see infra second reservation fairly enough reservation rests uncertain legal theory according dissent straw buyer might violate dealer sale aids abets violation provision barring knowingly transferring gun ineligible person see infra reasoning presupposes firearms dealer acting ordinary course business ever intent needed aid abet crime question reserved six months ago see rosemond slip dissent claims answer easy give son tell pick milk eggs store english speaker say store milk eggs post try question similar one gun law text raises send brother apple store money instructions purchase iphone take immediate sole possession device person transferee bought phone nothing ordinary english usage compels answer either way contrary dissent view analysis rest mere arguments post simply recognize interpret word statute blinders refusing look word function within broader statutory context previously put point provision may seem ambiguous isolation often clarified remainder statutory scheme one permissible meanings produces substantive effect compatible rest law sav assn tex timbers inwood forest associates reading also stroke declare unlawful large part atf combat gun trafficking criminals see dept treasury bureau alcohol tobacco firearms following gun enforcing federal laws firearms traffickers xi june noting several prior years lmost half atf firearm trafficking investigations involved straw purchasers dissent mistaken says atf former view statute refutes proposition see post later discuss see infra atf time thought cover cases true purchaser legally purchased gun abramski principal argument extends much cases straws buy weapons criminals drug addicts prohibited purchasers reasons stated interpretation render statute useless although dissent appeals snippet congressional testimony suggest atf briefly held extreme view statute agrees least well three decades ago atf recognized unlawfulness straw purchases behalf prohibited persons dissent responds certainly distinguishes individual transacting dealer straw individual receiving gun private party fact former orange hair post example wit gone wrong whether purchaser orange hair agree immaterial statutory scheme contrast whether purchaser transacted licensed dealer integral statute previously noted federal scheme controls access weapons federally licensed firearms dealer principal agent federal enforcement huddleston see supra designing statute congress chose pursue goal controll ing access guns nth degree buyers dissent says avoid statute background check requirements getting gun possibility provides justification limiting statute considered regulation dealer sales agree dissent argument urged abramski rule lenity defeats construction see post rule repeatedly emphasized applies considering text structure history purpose remains grievous ambiguity uncertainty statute must simply guess congress intended maracich spears slip op quoting barber thomas position although text creates ambiguity context structure history purpose resolve dissent apply rule lenity statute text taken alone permits narrower construction repeatedly emphasized appropriate test see muscarello smith dissent argues view impose criminal liability false answer even ultra vires question buyer favorite color post need opine hypothetical miles away case explained see supra question ultra vires instead fundamental lawfulness gun sale indeed part parcel dealer determination true buyer name age place residence requires dealer keep section alone justify abramski conviction indictment clearly alleged addition answering question falsely lied buyer name age place residence footnotes sections require dealer follow certain procedures respect person recording name dealing person checking background doubt whether falsehood causes dealer neglect procedures applying wrong person material lawfulness sale within meaning sale executed lawfully truth disclosed moreover falsehood introduced procedural error gun sale always material lawfulness discussed part ii opinion prohibits making false statements respect information required recorded dealer records superfluous majority makes puzzling suggestion answer different sale involved consumer electronics instead groceries ante whether item sold carton milk iphone anything else sun ordinary english speaker say merchant sells item person pays takes possession individual person later transfers item facts case provide occasion address whether atf maintained many years adopting current position misrepresentation response form actual question material lawfulness sale customer intended transfer gun person knew reasonable cause believe prohibited act receiving possessing firearms falsehood conceals intention sort may material dealer sold gun knowing intention might unlawfully aiding customer violation prohibited person violation cf atf industry circular guide federal firearms regulation infra need decide question majority claim analysis rest mere arguments ante rings hollow majority says relying principle statutory provision ambiguous one permissible meanings produces substantive effect compatible rest law adopt meaning ibid internal quotation marks omitted even text issue ambiguous clear substantive effect narrower interpretation compatible indeed downright congenial rest gun control act majority contrary conclusion rests anything text structure act majority guess far congress meant go pursuit purpose majority thus entirely wrong charge apply rule lenity statute text taken alone permits narrower construction ante majority professes need es opine whether impose liability false answer even vires given reasoning count one question issue part parcel dealer determination true buyer age place residence requires dealer keep ante really majority means decide bother invoke requirement dealer keep records regulations prescribe regulation requiring dealer keep form see ante majority ruling limited claims cite done