JPFO ALERT: Did CNN Reporter Commit Felonies in Gun Buy?

JPFO e-mail alert ^ | 02.23.05

[Coleus]

On February 18, 2005, CNN aired a segment in which reporter Drew Griffin purchased a .50 caliber rifle. In doing so, Griffin may have broken one or more federal firearms laws. And he filmed it to boot.

The video of the transaction can be found at  http://tinyurl.com/5ftnr (look in the upper right corner  for the box labeled "Powerful Rifle Readily Available".  It's in RealPlayer format). A transcript of the show can be  found at http://tinyurl.com/6r26q.

Some pertinent quotes from the clip:

"But before I shelled out $2,500 to buy this gun, I wanted to make sure I could buy  ammunition."

"The transaction at a house in suburban Houston took about 20 minutes. We walked out with a case holding the gun ...We flew home. [W]hen the bags arrived for our flight, I 
simply picked it up and left."

"By going through a private seller, private seller, private buyer, it's strictly a cash transaction. We made sure that the two, the buyer and the seller, were in the same state."

Based on the above quotes, we can extrapolate a few details:

1) Griffin states that he was going to "shell out $2500" for the firearm, implying that he was the ultimate purchaser.

2) The private-party sale took place in Houston. In saying, "We made sure that the ... buyer and the seller were in the same state," Griffin seems to imply he had a third party -- a Texas resident -- buy the gun for him.

3) After the sale of the rifle, Griffin flew home and "picked up" (took possession of) the  rifle.

So what laws may have been broken?  Griffin purchased a firearm from a non-licensed party in a state in which he was (apparently) not a resident. According to 18 U. S. C
922(a) (3) and (5), 922(b) (3), 27 CFR 178.29, that's a felony, Drew.

Additionally, CNN personnel, from the producer down to the cameraman, were undoubtedly involved in planning the purchase. That's conspiracy -- another felony. And if money were transferred from CNN to the reporter (or the Texas resident) for the purpose of committing a felony, well...

MORE QUESTIONS THAN ANSWERS

Of course, it's perfectly possible that the presumed third-party Texas resident purchaser retained ownership of the firearm. If that's the case, it's likely no laws were broken (although it would mean that CNN deliberately misled viewers).

So, is Griffin a resident of the state of Texas? Did he purchase the rifle himself or was a third party involved? Who provided the money for the purchase? Who has possession of the rifle currently? The answers to these questions could mean the difference between Drew Griffin walking free or sitting behind bars for a decade or more.

PROSECUTE OR NOT?

 

If Griffin was indeed a non-resident of Texas and purchased the rifle as the segment implies, should he be arrested, fined or jailed?  JPFO says no -- because  no one should
be punished for the simple act of purchasing a firearm. In our view, these laws are unacceptable infringements on an innocuous commercial transaction.  Furthermore, when they become commonplace, these laws encourage the careless, malicious  behavior shown by the BATFE agents in our documentary  BATFE Fails the Test
(www.jpfo.org/batfevideo.htm).

That being said, if Griffin (and others of his ilk who bleat about the availability of .50 caliber rifles) really believes the government needs to "crack down" on gun sales, it seems only right and proper that he suffer the consequences of his actions -- the same consequences any "ordinary" person would suffer.

Prosecute Drew Griffin -- or stop prosecuting anybody who commits a victimless "gun crime." Fair is fair.

 - The Liberty Crew
 JPFO mirror site: http://www.jpfo.net

Original Material in JPFO ALERTS is Copyright 2005 JPFO, Inc. Permission is granted to reproduce this alert in full, so long as the following JPFO contact information is included:

 

Jews for the Preservation of Firearms Ownership
PO Box 270143
Hartford, Wisconsin 53027

Phone: 1-262-673-9745
Order line: 1-800-869-1884 (toll-free!)
Fax: 1-262-673-9746
Web: http://www.jpfo.org

[Khurkris]

long range bump!

[JOAT]

What is CNN? Your article implies they are a news organization, but does anyone actually watch this alleged network?

[Fido969]

No legitimate gun owner or dealer would KNOWINGLY break laws such as this to acquire a gun - the penalties are too great, and you might lose your legal right to own guns forever. Gun owners tend to be very careful about these laws.

However, as this idiot has demonstrated, gun laws do not prevent criminals from breaking the law to obtain firearms. A happy conclusion to the story would be his arrest for violation of federal gun laws, a stiff prison sentence, and the inability to ever legally possess a firearm for the rest of his life.

I hope the ATF looks to strictly enforce the laws in this case. That would send a strong message to others who try to circumvent the gun laws.

[basil]

Y'all really need to read the transcript to this proposed "news" show! You won't believe how lame it it.

[rocksblues]

Ban gun sales! Only Criminals should have access to weapons! /S

This is what is wrong with the MSM. They make it look easy to purchase banned weapons but only criminals would buy weapons this way!

[ken21]

bttt.

[org.whodat]

Someone is missreading the law here, you do not have to be a resident of a state to buy a long gun. You do have to be a resident to buy a hand gun. The exemption for long gun is in the federal law, to protect a hunter in another state who may break his gun and would need to purchase a replacement. Look it up with the nra, but I think you will find that I'm correct.

[AZ_Cowboy]

This wouldn't be the first time CNN manufactured a false story regarding firearms. Anyone remember that bungled story they did on "assault weapons" with Zarella?

[unbalanced but fair]

If the seller doesn't have a federal license he can't sell to a nonresident. I'm assuming this wasn't a licensed dealer.

[Tacis]

So-called journalists working for neocommunist organizations don't have to be concerned about breaking the law. They are immune! The Texas AG would be too terrified to do anything about this. He is a pansy and will have a tough enough time as it is getting reelected. Going after a left wing presstitute is not the kind of project the would help his image with Texans. He hasn't got the cajones, anyway!!

[tet68]

You might not have to be a resident to buy from an
full FFL holder but my C&R license limits me to sell to
residents of my state only. Now private sales may or may
not be allowed across state lines, but wouldn't that be
interstate commerce?

One thing is certain, a law abiding citizen would be very
careful about such a transaction, and I would think CNN
would too, which means there was really nothing horribly
illegal about this except the perception which I take it
is just what they were trying to convey.

[ozzymandus]

I understand the ATF is "looking into" this. Can't wait to see the "jack-booted government thugs" (in the words of DEMOCRAT congressman John Dingle) storm the offices of CNN with tanks, gas, and flamethrowers.

[Coleus]

Didn't Kerry break the same type of law during the campaign?

[Mind-numbed Robot]

What is CNN? Your article implies they are a news organization, but does anyone actually watch this alleged network?

They seem to have at least one reporter, a guy named Griffin. Other than that, I don't know.

[Fido969]

"You might not have to be a resident to buy from an full FFL holder but my C&R license limits me to sell to residents of my state only.

That is the basic rule I think for most transactions - but an FFL can transfer the gun to an FFL in another state.

From the ATF FAQs:

(F2) May a licensed dealer sell a firearm to a non-licensee who is a resident of another state?

Generally, a firearm may not be lawfully sold by a licensed dealer to a nonlicensee who resides in a state other than the state in which the seller's licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser's state of residence and the purchaser takes delivery of the firearm from the dealer in his or her state of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the state where the licensee's business premises is located in an over-the-counter transaction, provided the transaction complies with state law in the state where the licensee is located and in the state where the purchaser resides and provided the sale complies with all applicable federal laws.

"False swearing" occurred here when the ATF form 4473 was filled out at the time of gun purchase - and the first yes/no question on that form asked is: "Are you the actual buyer of the firearm?"

The purpose of this question is to make it illegal for someone to circumvent the insta-check system, and residency requirements, by simply getting a "clean" buyer to act as a straw to allow a disqualified buyer from making an illegal purchase.

And that seems to be exactly what happened here.

[Fido969]

Never mind - I see where it wasn't a form 4473 transaction.

As you were, men.

[org.whodat]

If the seller doesn't have a federal license he can't sell to a nonresident. I'm assuming this wasn't a licensed dealer.


Would you care to direct me to where that is written in law.

[spunkets]

"Now private sales may or may not be allowed across state lines, but wouldn't that be interstate commerce? "

The private seller is not in business. He's just selling part of his collection. The distinguishing number of trnasactions that determines that sales are part of a business is about 5 guns/yr.