Trio charged with illegal firearm sales

The Washington Times ^ | March 16, 2004 | Jerry Seper

[neverdem]

Three Virginia men, two of them licensed gun dealers, were arrested yesterday on charges of illegal firearms trafficking, said U.S. Attorney Paul J. McNulty.

James E. Rice III, 41, of Manassas, Philip J. Bailey, 32, of Cross Junction and Charles S. Hyink, 47, of Falls Church, were named on separate criminal complaints filed in U.S. District Court in Alexandria.

[bruoz]

"Authorities at the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, Virginia State Police and the Fairfax County Police Department, who investigated the case, said straw purchases are typically done by persons prohibited from purchasing a firearm, such as a felon, or by those who plan to use a firearm in a crime."

As a former gun dealer who has turned down many a "stray purchase", many of which were probably ATF agents, I can say that greedy dealers are easy to catch.

[Boundless]

> As a former gun dealer who has turned down many a
> "straw purchase", many of which were probably ATF
> agents, I can say that greedy dealers are easy to catch.

Just how do you spot a straw, unless the buyer is careless?
Perhaps because it's someone who seems to knows what to buy,
but not what they need, or why?

I would presume that a repeat ineligible buyer would pick a
clean straw buyer, instruct them on what to buy, how to
conduct the buy, and NOT be so stupid as to accompany them
and make it all obvious.

As reported, it's not clear if this is a sting or just
entrapment.

A one-time amatuer straw buy might be fairly easy to spot,
but picking up on a mule for a repeat pro doesn't strike
me as being that simple.

[bruoz]

"Just how do you spot a straw, unless the buyer is careless?"When agents are setting up a dealer they make it pretty obvious. One person will express interest in the firearm and them reveal the fact that he has a criminal record and prohibited from buying and his "friend" will offer to purchase the weapon. I have seen this quite a few times. If an individual legitimately buys a firearm and then transfers it to a prohibited person than he is the one committing the crime not the dealer. Question number one on the form 4473 is "Are you the actual purchaser of the firearm". I always made sure to also verbally confirm this with the buyer. Any hesitation on the the buyer's part would end the sale then and there.

[Indrid Cold]

They don't catch the *smart* ones, Boundless.

[Indrid Cold]

Well, let's see: $100 profit if I'm not caught, or 10 years in prison if I am. Seems fairly clear to me.

If you're gonna steal, steal BIG.

Indrid Cold, FFL

PS: I once had a local doctor come in and try to buy guns without paperwork. I said, "Sure, I'll just need an unlimited prescription for morphine."

"I can't do THAT," he said.

"Well, now you know how I feel."

[Boundless]

> They don't catch the *smart* ones ...

And based on how bruoz described the stings, I guess
"smart" could refer to felons or dealers :-)

> One person will express interest in the firearm and
> them reveal the fact that he has a criminal record
> and prohibited from buying and his "friend" will
> offer to purchase the weapon.

Thus testifying that they are about to lie on the 4473,
and probably help their friend add firearms violations
to their existing rap sheet.

And sellers fall for this? I could see maybe a new-hire
clerk, but if an FFL holder is running guns to the mob
on the side, I'd expect them to be especially wary of
setups like that.

Seems like you don't have to be too smart to get away
with straw purchases and/or avoid ATF stings.

Not too surprising, really. 93% of the "speed traps" I've
ever seen were obvious, well in advance, to anyone paying
attention. They mostly catch the unobservant, who are,
after all, exactly the people you don't want speeding.

[coloradan]

It's too bad you can't report the people setting up straw sales to law enforcement, and get them arrested and thrown in jail. Because, after all, the ones doing it most obviously are "law enforcement" and therefore above the law.