Gun Store Owner: CBS Lied, Broke Federal Law With Undercover Sting

NewsBusters.org ^ | June 17, 2016 | Scott Whitlock

[Kaslin]

CBS News, in an anti-Second Amendment story warning about how easy it is to get dangerous weapons, on Thursday broke federal law with an undercover sting. That’s the claim from a gun store in Alexandria, Virginia. The Washington Free Beacon on Friday reported that SpecDive Tactical “has filed a report with the Virginia State Police and the Bureau of Alcohol, Tobacco, Firearms, and Explosives over concerns the purchase was unlawful.” 

In the CBS report, journalist Kris Van Cleave narrated the hidden camera efforts of This Morning: “We sent a CBS News producer into a gun store in Alexandria just outside of Washington, D.C.” Offering this as shocking, Van Cleave explained what producer Paula Reid did: “She filled out these federal and state forms requiring her name, date of birth, Social Security number, and a few basic questions about any past criminal activity or current restraining orders and she passed a brief electronic background check.

CBS Looks at Orlando Terror Attack By Investigating Gun Sales in...Alexandria, Virginia?

The problem? The Free Beacon’s Steve Gutowski explained: 

The store, SpecDive Tactical in Alexandria, Virginia, said that when CBS News’ Paula Reid purchased the rifle she told the store’s general manager the gun was for her own use. However, when CBS reported on the story they revealed the gun was purchased for the story and transferred to a third party a few hours later. “The rifle we purchased was legally transferred to a federally licensed firearms dealer and weapons instructor in Virginia, just hours after we bought it,” the report said.

The store said they contacted the ATF after viewing the report because they feared the misdirection used by the CBS reporter constituted a straw purchase, which would be a federal crime.

“Ms. Paula Reid came into the shop with cash, claiming she wished to purchase an AR-15 to, ‘undergo training,’” Ryan Lamke, SpecDive’s general manager, told the Washington Free Beacon. “She refused basic, free instruction of firearms safety under the pretense that she was using the firearm for training with a NRA certified instructor.”

Due to the information provided in the CBS News report filed today, I suspect Ms. Reid committed a straw purchase and procurement of a firearm under false pretenses.”

CBS’s gotcha report came on the same morning the program ignored the news that an Orlando gun shop refused to sell ammunition and body armor to Omar Mateen. Then, the store alerted federal authorities. This was weeks before the slaughter at a night club. 

CBS This Morning co-host Gayle King has pushed for gun control this week. On Thursday, she said of Democratic Senator Chris Murphy’s gun control filibuster:  “Many people are applauding you for raising the issue again.” On Wednesday, she wondered, "what will it take to move the needle" on gun control?

[Popman]

I'm sure the FBI will be all over this, just like they were all over Omar Mateen...

"The Issue Is Not The Issue, The Issue Is The Revolution…"

[Kaslin]

Bump

[Hardastarboard]

She will end up in a jail cell right next to that arrogant, ugly little ape, David Gregory.

I've so often wanted to walk through Washington, DC with a whole bag of high cap magazines, with a "Press" card in my hat, calling it out to the police, and telling them that I'm working on a story for David Gregory. Just to see how that works out for me. I'm sure I'd get the same immunity from prosecution that he did. Equality under the law and all that.

Two legs good, four legs bad.

[knarf]

The store said they contacted the ATF after viewing the report because they feared the misdirection used by the CBS reporter constituted a straw purchase, which would be a federal crime.

Looks that way to me

[euram]

Lying and cheating is a way of life for the left and their minions in the media, so it should come as no surprise.

[Jim Noble]

No question it was a straw purchase.

Open and shut case.

[Sacajaweau]

It was indeed a straw purchase. And she lied on a Federal Form.

You can't do something illegal to "make a story". She and her company should be fined royally.

[Boardwalk]

The Won will pardon.

[Popman]

The store said they contacted the ATF after viewing the report because they feared the misdirection used by the CBS reporter constituted a straw purchase, which would be a federal crime.

A federal crime ? / S

Not if you are ATF agent and buying weapons for the Mexican cartels...!

[GreenHornet]

It was indeed a straw purchase. And she lied on a Federal Form.

You can't do something illegal to "make a story". She and her company should be fined royally

Gee, I wonder if we'll see the same level of outrage from the left as we did over the undercover videos of Planned Parenthood talking about the sale of body parts from aborted babies?

[ClearCase_guy]

The reporters who want more gun laws also think that gun laws should be ignored whenever “important” people break the laws, because “important” people probably “have a good reason”.

Laws are always for little people.

[real saxophonist]

As I read this, this very story is on the TV. Of course, they had to throw Newtown in there, too.

Speaking of which, I said the day of the incident in Orlando, that building will be bulldozed and covered in concrete within a month.

[Doogle]

The rifle we purchased was legally transferred to a federally licensed firearms dealer and weapons instructor in Virginia, just hours after we bought it,” the report said.

...wouldn't this certified instructor be in trouble for not reporting the incident to authorities?

[PapaBear3625]

No question it was a straw purchase. Open and shut case

Technically, it was NOT a "straw purchase".

The definition of straw purchase says

A “straw purchase” occurs when the actual buyer of a firearm uses another person, a “straw purchaser,” to execute the paperwork necessary to purchase a firearm from a federally licensed firearms dealer (FFL).1 A straw purchaser is a person with a clean background who purchases firearms specifically on behalf of a person prohibited from purchasing a firearm because he or she is a convicted felon, domestic violence misdemeanants, juvenile, mentally ill individual or other federally or state-defined prohibited person.2 The straw purchaser violates federal law by making a false statement to the FFL about a material fact by lying on ATF Form 4473 (the firearm transaction record) or presenting false identification in connection with the purchase.

So, since she didn't buy it in order to transfer it to a prohibited purchaser, it's not a straw purchase. It's still illegal, in that she made "a false statement to the FFL about a material fact by lying on ATF Form 4473".

[Kaslin]

Wait a minute! If she was asked by CBS to purchase the gun, doesn’t that make a straw purchase?

[Gaffer]

She should pay whatever the penalty is for lying to the federal government (ATF). It doesn’t matter what the purpose of the action was in reality. She lied and misrepresented that sale and she is a criminal.

[MrBambaLaMamba]

Propagandist media, like politicians, are above the law.

[Malsua]

>>>So, since she didn’t buy it in order to transfer it to a prohibited purchaser, it’s not a straw purchase.<<<

Not true. The receiver of the gun does not have to be prohibited.

Here is what the ATF has to say on the matter. See the part I highlighted with carets.

15. STRAW PURCHASES
Questions have arisen concerning the
lawfulness of firearms purchases from
licensees by persons who use a “straw
purchaser” (another person) to acquire
the firearms. Specifically, the actual
buyer uses the straw purchaser to execute
the Form 4473 purporting to show
that the straw purchaser is the actual
purchaser of the firearm. In some instances,
a straw purchaser is used because
the actual purchaser is prohibited
from acquiring the firearm. That is to
say, the actual purchaser is a felon or is
within one of the other prohibited categories
of persons who may not lawfully
acquire firearms or is a resident of a
State other than that in which the licensee’s
business premises is located.
Because of his or her disability, the person
uses a straw purchaser who is not
prohibited from purchasing a firearm
from the licensee. >>>>>>>>>In other instances,
neither the straw purchaser nor the actual
purchaser is prohibited from acquiring
the firearm.<<<<<<<<<
In both instances, the straw purchaser
violates Federal law by making
false statements on Form 4473 to the
licensee with respect to the identity of
the actual purchaser of the firearm, as
well as the actual purchaser’s residence
address and date of birth. The actual
purchaser who utilized the straw purchaser
to acquire a firearm has unlawfully
aided and abetted or caused the
making of the false statements. The
licensee selling the firearm under these
circumstances also violates Federal law
if the licensee is aware of the false
statements on the form. It is immaterial
that the actual purchaser and the straw
purchaser are residents of the State in
which the licensee’s business premises
is located, are not prohibited from receiving
or possessing firearms, and
could have lawfully purchased firearms
from the licensee.
An example of an illegal straw purchase
is as follows: Mr. Smith asks Mr.
Jones to purchase a firearm for Mr.
Smith. Mr. Smith gives Mr. Jones the
money for the firearm. If Mr. Jones fills
out Form 4473, he violates the law by
falsely stating that he is the actual buyer
of the firearm. Mr. Smith also violates
the law because he has unlawfully aided
and abetted or caused the making of
false statements on the form.
Where a person purchases a firearm
with the intent of making a gift of the
firearm to another person, the person
making the purchase is indeed the true
purchaser. There is no straw purchaser
in these instances. In the above example,
if Mr. Jones had bought a firearm
with his own money to give to Mr. Smith
as a birthday present, Mr. Jones could
lawfully have completed Form 4473.
The use of gift certificates would also
not fall within the category of straw purchases.
The person redeeming the gift
certificate would be the actual purchaser
of the firearm and would be properly
reflected as such in the dealer’s records.

[rawcatslyentist]

Fake is an accurate description of CBS, so is butt.