| |
| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
 | | When purchasing these firearms, the recruited individuals would fill out Bureau of Alcohol, Tobacco and Firearms ("ATF") Form 4473, and each would falsely state on that form that he or she was the "actual buyer" of the firearms at issue. |
 | | Nelson filed a motion to dismiss the indictment, arguing that the "straw purchase" theory of liability relied on by the Government in prosecuting his case was a usurpation of legislative authority by the ATF, was unconstitutionally vague, and violated the Administrative Procedure Act ("APA"), 5 U.S.C. § 552(a). |
 | | In these "straw purchases," the individuals Nelson and Khalil hired to purchase firearms represented themselves to be the actual buyers of those firearms and filled out ATF Form 4473 accordingly, even though those individuals were merely agents for Nelson and Khalil. |
| caselaw.lp.findlaw.com /cgi-bin/getcase.pl?court=11th&navby=case&no=9913906MAN (1985 words) |
|