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Abramski v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
12-1493 4th Cir. Jan 22, 2014
Tr.Aud. 		Jun 16, 2014 5-4 Kagan OT 2013

Holding: Regardless whether the actual buyer could have purchased the gun, a person who buys a gun on someone else’s behalf while falsely claiming that it is for himself makes a material misrepresentation punishable under 18 U.S.C. § 922(a)(6), which prohibits knowingly making false statements “with respect to any fact material to the lawfulness of a sale of a gun.”

Judgment: Affirmed, 5-4, in an opinion by Justice Kagan on June 16, 2014. Justice Scalia filed a dissenting opinion, in which Chief Justice Roberts, Justice Thomas, and Justice Alito joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 2 2013Application (12A955) to extend the time to file a petition for a writ of certiorari from April 23, 2013 to June 22, 2013, submitted to The Chief Justice.
Apr 4 2013Application (12A955) granted by The Chief Justice extending the time to file until June 21, 2013.
Jun 21 2013Petition for a writ of certiorari filed. (Response due July 25, 2013)
Jul 19 2013Order extending time to file response to petition to and including August 26, 2013.
Jul 25 2013Brief amici curiae of Steve Stockman, et al. filed.
Jul 25 2013Brief amicus curiae of NRA Civil Rights Defense Fund filed.
Aug 26 2013Brief of respondent United States in opposition filed.
Sep 9 2013Reply of petitioner Bruce James Abramski, Jr. filed.
Sep 11 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013DISTRIBUTED for Conference of October 11, 2013.
Oct 15 2013Petition GRANTED.
Oct 24 2013Petitioner will file the joint appendix and petitioner's brief on the merits on or before November 26, 2013.
Oct 24 2013Respondent will file respondent's brief on the merits on or before December 24, 2013.
Nov 4 2013SET FOR ARGUMENT ON Wednesday, January 22, 2014.
Nov 4 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Nov 14 2013Record received from U.S.D.C. Western District of Virginia. The record is electronic (Not on PACER).
Nov 18 2013Record received from the U. S. C. A. Fourth Circuit - (1 envelope). A portion of the record is electronic (Not on PACER). There are also sealed documents in this record.
Nov 26 2013Joint appendix (2 volumes) filed. (Statement of costs filed.)
Nov 26 2013Brief of petitioner Bruce James Abramski, Jr. filed.
Dec 3 2013Brief amicus curiae of Steve Stockman, et al. filed.
Dec 3 2013Brief amicus curiae of NRA Civil Rights Defense Fund filed. (Distributed)
Dec 3 2013Brief amici curiae of Robert Snellings and Ulysses Grant Early, IV filed. (Distributed)
Dec 3 2013Brief amici curiae of State of West Virginia, et al. filed. (Distributed)
Dec 4 2013CIRCULATED.
Dec 23 2013Brief of respondent United States filed. (Distributed)
Dec 30 2013Brief amici curiae of States of Hawaii, et al. filed. (Distributed)
Dec 30 2013Brief amici curiae of Brady Center to Prevent Gun Violence, et al. filed. (Distributed)
Dec 30 2013Brief amicus curiae of City of New York filed. (Distributed)
Jan 13 2014Reply of petitioner Bruce James Abramski, Jr. filed. (Distributed)
Jan 22 2014Argued. For petitioner: Richard D. Dietz, Winston Salem, N. C. For respondent: Joseph R. Palmore, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 16 2014Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Scalia, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Alito, JJ., joined.
Jul 18 2014JUDGMENT ISSUED
Jul 22 2014Record returned for U.S.C.A. 4th Circuit.
 
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