United States v. Morales, No. 11-5505 (6th Cir. 2012)
Annotate this CaseMorales and codefendants were indicted on 40 counts relating to conspiracy to fraudulently purchase and export firearms to Guatemala. Morales misrepresented on statutorily required purchase forms, (Form 4473), that he was the actual buyer of semi-automatic pistols. At trial, Morales conceded that he had attempted to purchase firearms on behalf of codefendant Lopez, a longtime friend who, he claimed, inexplicably failed the background checks. Morales, then working as a police officer, testified that he had believed that straw purchases of firearms were lawful so long as both parties were eligible purchasers and, as a precaution, he had verified that Lopez was a non-felon. He was convicted of making false statements during the purchase of a firearm from a federally licensed dealer, 18 U.S.C. 922(a)(6). The Sixth Circuit affirmed. The district court properly excluded a 1979 ATF circular as irrelevant. Morales did not claim that he was aware of this circular at the time of the attempted purchases or that he relied on it in interpreting disclosure responsibilities; he conceded that the circular had not been in effect since 2005.The court rejected an argument that the statute was ambiguous.
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