South Dakota joins other states opposing federal gun law expansi - KSFY News - Sioux Falls, SD News, Weather, Sports

South Dakota joins other states opposing federal gun law expansion

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South Dakota will join 26 other states in an amicus, or friend of the court, brief filed in the US Supreme Court opposing the attempt by the federal government to expand federal law to include prosecution of legal gun owners selling firearms to another person who can legally own firearms.

"South Dakota currently allows private gun sales between its law abiding citizens, and this brief opposes the federal government's expansion of federal law to prevent these sales and to prosecute lawful gun owners," Attorney General Marty Jackley said. "Law abiding citizens have a fundamental right to bear arms under the Second Amendment and the outcome of this case is crucial to every legal gun owner in South Dakota."

The brief was filed in Abramski v. United States of America. That case challenges whether federal law prohibits citizens from legally buying a firearm from a licensed dealer with the intention of then selling that gun to another private citizen who also is legally allowed to purchase and own firearms.

The Department of Justice argues that the citizen who buys and then sells the gun is acting as a "straw purchaser," which they claim is illegal under several federal statutes.

The states, however, argue that Congress has never passed a federal law that prohibits such purchases.

Oral arguments are scheduled for Jan. 22, 2014, with a decision to come by the end of the court's session in June.

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