Posted on 03/26/2013 9:53:39 AM PDT by mnehring
Recently, Mark Kelly attempted to purchase an AR-15 from a Tucson gun dealer to make a political point about background checks.
In doing so, Mark Kelly completed ATF Form 4473. Question 11.a. states the following: Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s)to you.
Upon signing the form, Mark Kelly acknowledged this: I certify that my answers to Section A are true, correct, and complete. I have read and understand the Notices, Instructions, and Definitions on ATF Form 4473. I understand that answering “yes” to question 11.a. if I am not the actual buyer is a crime punishable as a felony under Federal law, and may also violate State and/or local law. I understand that a person who answers “yes” to any of the questions 11.b. through 11.k. is prohibited from purchasing or receiving a firearm. I understand that a person who answers “yes” to question 11.l. is prohibited from purchasing or receiving a firearm, unless the person also answers “Yes” to question 12. I also understand that making any fals e oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punish able as a felony under Federal law, and may also violate State and/or local law. I further understand that the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of law
If Mark Kelly answered "Yes" to this question and signed this form, he has a serious problem in regards to his statement that his "intention was to give the gun to the local police after he completed the purchase". This acknowledgement is a clear violation of the law and his statement on ATF Form 4473 regarding the intent of his purchase.
The gun store where Kelly attempted the purchase saw it the same way and refused to complete the purchase to Kelly.
Many people have been prosecuted for the same actions Mark Kelly took.
One does not have to take possession of the firearm to violate the law in this case. One only needs to lie on form 4473 in an attempt to illegally purchase a firearm.
Mark Kelly's stunt is a violation of federal law and was a mockery of our 2nd Amendment rights. He disregarded the law in his attempt to steal our rights away. He has made a mockery of Federal Law and that of Pima County. I suggest that everyone report our concerns for Kelly's illegal actions to the Pima Country district attorney for investigation.
The Pima County District Attorney's office website is here.
Or, you can also post a message on the DA's Facebook page.
His intention was to take possession of the firearm after paying the cost of the firearm from his own pocket.
He therefore meets the criteria of the law.
It doesn't matter when he decided that he intended to turn the firearm over to the police, the fact is that he purchased a firearm with his own money, intending to take possession of the firearm for himself. IOW, he was the "actual buyer" of the firearm as required by law.
This was never a straw purchase.
Regards.
Let him argue it before a court. How many ‘straw’ purchasers have made the same argument?
..also, the gun dealer came to pretty much the same conclusion when they refused to transfer the firearm to Kelly. They believed he was dishonest in his intentions regarding the purchase.
Abundy is correct, and he would know.
FReegards Abundy!
He tried to make a “straw man” gun purchase, and his dog killed an endangered species. Both are federal felonies, aren’t they?
Mark Kelly is not a peasant.
And that worked out so well, eventually, for Sheriff Joe in Maricopa./sarc
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