Wednesday - March 13, 2013

Time To Larn Anudder Thang

End of story? Oh hella no.

Mark Kelly, Firearms Felon! screamed the right-wing news and blogosphere. Straw Purchase! Why won’t Obama prosecute? was the hue and cry.

From Townhall.com:
Mark Kelly Breaks the Law as a Strawpurchaser

Over the weekend, husband of former Congresswoman Gabrielle Giffords and anti-gun advocate Mark Kelly purchased as AR-15 at Diamondback Police Supply in Tucson, Arizona. The reason? According to Kelly, he was proving a point about the amount of time background checks take to conduct and won’t keep the AR-15. In fact, his plan all along was to give it away to the police.

When you purchase a firearm at a federally licensed dealer, you must fill out an ATF 4473 form. It is a felony to lie on the form and say you are purchasing a firearm for yourself when it’s really for someone else, but Kelly did it anyway. The Obama File has more:

If Mr. Kelly did not intend to keep the AR-15, but to give it to another, he is committing a felony by being a “straw purchaser” under current law, and he must have stated on the ATF Form 4473 that he was buying it for himself, so he committed perjury on the BATF form, also a felony.

Conservatives, haven’t you figured out yet that the Progressives just love to yank your chain? And are you going to scream in reaction every darn time without ever bothering to stop and think for one whole entire minute? Crivens, I hate the Evil Party, but man oh man, the Stupid Party gives me fits.

Let’s all sit down at our little school desks and put on our Larnin’ Hatz™. PLEASE?

1) It is perfectly legal to give, trade, or sell a firearm that you own, to a person or an organization that is legally allowed to possess a firearm. That means you can give guns as gifts to those old enough to own them, who don’t have significant felonies in their criminal record.

2) Once you own a firearm, by purchase, there is no law that says you have to hold onto the thing for any time limit before disposing of it by sale or gift.

3) Arizona, like most states, does not have a waiting period for purchasing rifles or shotguns. If you are legally qualified, you take your money to a gun shop, select which one you want, pay for it, and leave the shop with your new gun.

4) Arizona, like ALL states, requires gun shops to run a NICS check on prospective purchasers. NICS. National INSTANT Criminal Background Check System. Get it? Instant. Ok, in the real world this NICS thingy takes a few minutes, sometimes as much a half an hour if the phone lines are busy. And sometimes, almost always because some of the databases are flagged, waiting for a status update, the check goes to a wait list for a couple of days. 86% of those waits resolve without even a phone call, and most of the rest of them can be sorted out with just a couple of calls. So generally, “instant” is a fairly accurate descriptor. If you aren’t a loony, if you aren’t a convicted felon, if you didn’t get the boot from the military, and if you don’t beat up your lady friends, then you will pass a NICS pretty much on the spot. It’s called freedom. So Mark Kelly, what part of “instant” does your astronaut-caliber intellect not understand?

5) A straw purchase of a firearm happens when a legally qualified buyer buys a gun from a retailer, and then at some future point sells or gives it to a person who is not legally qualified to own one. It also happens when an individual sells a gun to a person he knows is going to use it to commit a crime.

6) It is neither perjury nor a straw purchase to change your mind about who will be the ultimate owner of a firearm after you buy it. Even if it’s only one second after. That’s still after. You can fill out the federal forms, fully believing you are buying the gun for yourself, but halfway across the parking lot realize that you need a birthday gift for cousin Dwayne, and decide THEN to give him the gun. It is also no perjury nor straw purchase to buy an Evil Assault Rifle for own hypocritical self, and then lie your ears off about it to the media 5 minutes later in the parking lot. This also falls under the changing your mind thing. The only way to prove “straw” would be a pocket full of money traceable to an illegal buyer, and a witness willing to testify that you made an agreement to buy a gun for them. Or a copy of a letter sent to the cops last month that says you’re going to buy them a gun ... and as far as I know, no letter like that exists anywhere in Kelly’s situation.

So this story is complete nonsense. No straw purchase (two words, not one). No perjury. No crime. No story, other than a lefty being a lying hypocrite. Yeah, like that’s news.

The only fishy part of the story is that Kelly said he just happened to see an AR for sale in a gun shop. Really? What fortuitous circumstances, that Mr. AWB goes into the only gun shop in the country that has an AR just sitting there waiting for a buyer. Ever other rifle like it has been sold, and every single company that builds the things, or even the parts for them, is back ordered for at least 2 solid years. Any gun shop that can even get one can sell it before it arrives; the things will never get as far as the display rack. So that part smells a bit.

And, would that I had 2 Large to spend on “making a statement” if that is, in truth, what Kelly did. I didn’t follow the story, nor see any video, but I’ll bet some reporter caught up to him just as he left the dealer, and he had to do some fast and fancy footwork. “Duh, um, I’m making a statement! Yeah, that’s it! My plan was always to get one and give it to the cops. Right! That’s my plan!” So his quick-stepping doesn’t count as perjury either.  It’s just another wheelbarrow load of hypocrisy from the Left ... outlaw these evil guns for everyone, except me and my peeps. Which is crap, but not a crime.

Ok, skoolz over!

UPDATE: Rich K points out in the comments the latest development: Kelly does not yet possess the rifle. It turns out that a local ordinance requires gun shops to hold onto guns they take in in trade for 20 days, to give the LEOs time to trace the guns to see if they were used in crimes.  So does THIS now make Kelly a felon and a perjurer? No, it just makes him a bullshitter pulling a stunt.

Found at FARK, and backed up by several links (1, 2, etc) because “Arizona” and “waiting period” do not go together:

Tuscon has a law that all guns sold back to a gun store have to be held for 20 days before being resold so that the police can determine if they’ve been used in a crime. He purchased the gun, but he can’t pick it up until that time period expires.  That’s probably the only reason he could find one:  It was sold to the gun store probably the same day he bought it, or at most 1 or 2 days prior.  They’ve been flying off the shelves as fast as they get are stocked.

Ironically, if he turns it into the Tucson PD, it’s likely that they will be obligated to sell it to a gun store to be sold again.  Arizona has a law that requires that of guns seized and turned in, as a revenue measure.

Once the hold period is up, Mr. Kelly must then show proper identification, complete the Federal Firearms Transfer Record (Form 4473) and successfully complete the NICS background check prior to his taking physical possession of the firearm.

So that explains that. And it’s a double bucket of yucks that if he gives the cops the gun, they’ll take it right back to the gun shop and get some money for it. Where it will then be traced again, and wait another 20 days for the next left wing astronaut to come by with more cash than brains. Looks like he picked the wrong gun to make an example out of how quick and easy it is for a Grade AA+ citizen like him to buy a gun. Criminals be listening up!! NOT.

Posted by Drew458     on 03/13/2013 at 09:13 AM   
Filed Under: • Guns and Gun Control •  
• Comments (7) • Trackbacks(0)  Permalink •  

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