Posted on 06/18/2015 10:52:21 AM PDT by WakeUpAndVote
It is here in PA. The buyer has a mandatory ten years in jail.
It’s illegal to purchase a gun for anybody else, period, unless it is a bona fide gift. It’s called a straw purchase and carries a very hefty federal prison sentence.
Was the kid a convicted felon? Did the dad buy him the gun after his conviction?
Straw purchases are illegal and felons can’t posses firearms. Fathers can give firearms to sons, daughters, etc, but not if they are felons.
The only firearms convicted felons can legally buy at stores in the US are those made before 1899, or of a style of firearms made before 1899.
Unless you work for the BATFE.
Three things worth noting against the gaining momentum to blame the father here:
1. The boy was a 21 year old adult.
2. The boy was not an ex-con as your thread suggests. He has two charges, but they are pending. He has been convicted of neither.
3. To be fair to the father, he didn’t necessarily know about his son’s pending charges. I successfully hid a DUI from my parents when I was his age.
Now the father may well have known everything and he may even have purchased the weapon so that he would carry out this very purpose. All I am saying is that the adult boy is responsible for his own actions and let’s wait for the facts to come in before we rush to judgement against the father. He may very well feel sickened by the whole turn of events.
He was arrested for drug possession a few months ago. I don’t know if he had gone to court for it or not. If he did, I don’t know if he was convicted of a felony or plea bargained down to a misdemeanor.
What Yo-yo said: straw purchases are bad juju anywhere.
Even a legit gift to a family member is dicey. Best advice is to buy a gift card or give cash and let the recipient fill out the paperwork themselves. The federal paperwork you fill out at the dealer states the gun is only for yourself.
In particular going into a gun shop with someone else and letting them handle and look at the gun before you purchase raises red flags. It’s a common tactic in sting operations by the Feds to try to trick the gunshop owner into getting involved in a ‘strawman’ purchase.
He hadn’t been convicted of a felony on drug charges yet. However, he couldn’t purchase the the firearm without committing perjury on the Form 4473, line 11e, which asks about illegal drug use.
I don't know the family situation, or the kid's prior behavior, so don't have basis to criticize. I will say, that unless dad had been out shooting with his son (to at least observe handling practices, attitude about wielding a deadly instrument), he shouldn't have given a gun as a gift - not even if the kid is/was a model citizen.
The parents are going to have to relocate.
Uhm, yeah!
Similarly here in NY.
NRA ILA
APPEARS IN Legal & Legislation
South Carolina: Update on Pro-Gun Bills in Columbia
Friday, March 27, 2015
On Wednesday, the “Fraudulent Firearms and Ammunition Purchase Prevention” bill, H. 3116, passed unanimously in the state House of Representatives. H. 3116 is now headed for the state Senate for consideration and committee referral.
Introduced by state Representative Mike Pitts (R-14), H. 3116 strengthens the law prohibiting straw purchases of firearms and ammunition from Federal Firearms License holders. This bill is designed to help prevent individuals who are prohibited from purchasing firearms or ammunition in South Carolina from engaging others who are not prohibited into making the purchases for them. It would also protect lawful firearm retailers from illegal gun sting operations such as those by anti-gun former New York City Mayor Michael Bloomberg. While mayor, Bloomberg had sent hired agents into other states to attempt illegal firearm purchases in an effort to blame federally licensed firearm retailers for gun crime in New York City and around the country.
http://www.scstatehouse.gov/sess121_2015-2016/bills/3116.htm
Nooo, the way it works is: The MSM comes out with distortions and outright lies first. Then the real truth comes out usually through conservative news sources.
As far as I know, the drug charge against the shooter has not yet gone to trial.
Also, from the reports I’ve read, he got the gun gift last December. The drug arrest and the trespassing arrest came in March or April, in 2015.
I see no provision in the second amendment barring ex-cons from owning or carrying firearms. Anyone who can’t be trusted with one should not be running around loose.
Or, he could answer it like Bill Clinton. "I'm not a user right now. I'm a form filler outer."
Question: As the father gave his pyscho son a pistol for his birthday, can the father be held liable for the killings??
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