Tucson gun store owner halts purchase of semiautomatic rifle by Kelly

Arizona Daily Star ^ | Carmen Duarte

[SandRat]

The owner of a Tucson gun store where Mark Kelly recently purchased an AR-15 semiautomatic rifle canceled the transaction because Kelly did not plan to keep the rifle for his personal use.

Doug MacKinlay, owner of Diamondback Police Supply at 170 S. Kolb Road, posted on the store's Facebook page Monday that he canceled the transaction March 21. A full refund was sent to Kelly via express mail, MacKinlay said.

"I determined that it was in my company's best interest to terminate this transaction prior to his returning to my store to complete the federal form 4473 and NICS (National Instant Criminal Background Check System) required of Mr. Kelly before he could take possession of this firearm," MacKinlay wrote.

Kelly could not be reached for comment.

Pia Carusone, executive director of a political action committee Kelly co-founded, Americans for Responsible Solutions, said she could not comment until she spoke to Kelly about the matter. She said he was on vacation.

Kelly, a retired astronaut, formed Americans for Responsible Solutions with his wife, former U.S. Rep. Gabrielle Giffords, to lobby for universal background checks for gun buyers. Giffords, who was injured in Tucson's mass shooting on Jan. 8, 2011, and Kelly are also urging restrictions on the sale of high-capacity magazines.

Kelly has said he bought the AR-15 on March 5 to show "it's too easy" to buy an assault weapon. He said he planned to turn it in to the Tucson Police Department.

When the purchase became public earlier this month, Kelly defended his buying of the military-style rifle that has the type of high-capacity magazine he and Giffords have lobbied against. The magazine can hold up to 30 rounds.

Conservative bloggers and others who left messages on Kelly's Facebook page called Kelly's purchase hypocritical.

In his statement Monday, MacKinlay said the Sig Sauer M400 rifle, also known as an AR-15, "will be donated to the Arizona Tactical Officers Association, where it will be raffled off to generate funds the association can use to purchase much needed tactical equipment for the organization's members."

The association represents state law enforcement officers, including Special Weapons and Tactics teams and emergency special response officers.

MacKinlay also said that his gun store will make a $1,295 contribution, the selling price of the assault rifle, to the National Rifle Association's Eddie Eagle GunSafe Program, which teaches gun safety to children.

[Sender]

A distant friend of the family, Uncle Vito, who has done “favors” for me or my family over the last few years comes to me and says “Goat, do me a favor and as a gift for my birthday nexy week, I’d like an AR, Rock River arms is cool”.

I am not LE either so don't follow my advice, but my sense is that if Uncle Vito goes out and shoots up a theater, the cops are going to look real hard at who he got the gun from. If I had *any* doubt about someone or didn't know them in great detail, there is *no way* that I would buy a gun for them.

[Sender]

Let me go further and say that I would not buy a gun for anyone outside of my immediate family.

[roofgoat]

Sender, I was taking the gift argument to the extreme and just saying how the ATF would look if I gave “Uncle Vito” an AR as a gift.

[Moonman62]

Sounds like a “yes”. “Are you the ultimate recipient of the gun?” Lying on the 4473 is a felony - at least when us peasants do it.

When you're doing the bidding of tyrannical government you get the David Gregory exemption.

[CAluvdubya]

Yes, but did he violate the law? Those who argue that the government is not prosecuting him because he is a member of the protected class (apart from arguing that he should be prosecuted for political purposes) disregard the fact that any self-respecting defense attorney could drive a bus through the government's case.

I really don't know. Lying is not necessarily against the law but there is that pesky background check that he signed (and living in CA, I have signed several of these forms). Is that considered a contract of sorts?

It seemed to be enough of a question that the gun shop owner didn't want to risk bringing trouble on himself/his business.

This might be an excellent debate for law students.

[flaglady47]

“I’m so sick of DC political power marriages.......Gabby and Kelly, Barry and Moochelle, Hill and Bill, Joe and Jill, Bradlee and Sally, Nancy and Harry, McCain and Grahmnesty.......”

Liked the last one, heh, heh....

[Navy Patriot]

What I have read of the instructions for the actual buyer question say that if I go in to legally buy a gun with my own money, but plan on giving it to my (non prohibited) son or someone else, then I can answer "yes" that I am the actual buyer.

Technically, as I have modified your statement, you are correct, but remember, for serfs, the law means what the prosecutor says it means.

Most Federal prosecutors have found that they can get convictions for "gifts" to anyone outside the immediate family but not for children or spouses (unless prohibited).

Discussion of a firearms gift with a friend ahead of purchase will get you convicted easily, whereas a gift certificate, check or cash to the same party screws the prosecutor because you don't fill out the forms or receive the firearm.

The Feds and ATF are not about obeying the spirit of the law, they are about money, citizen control, tyranny, convictions and perception.

Never make the mistake of believing they are about observance of the law.

[SandRat]

Texas Rangers & Arizona Rangers.

[dfwgator]

I thought Arizona was the Diamondbacks.

[SandRat]

Diamondbaks paly baseball the Arizona Rangers are like the Texas Rangers, they are LOE.