ATF says not to sell guns to Hispanics.

[eye95]

Guilty.

He knew that the gun was being purchased FOR the person without the ID. His attempt to stop the person with the DL from handing the gun to the person without was an attempt to hide the straw sale, not to prevent it. He knew it was a straw sale the moment the person to whom he sold the gun took the money from the person who was really buying the gun.

I see no reason to believe this was a setup or that the seller was an innocent victim. He is a lawbreaker, and got caught.

I do believe that they should have thrown out any statements made outside the show. The officers surrounding him, after he was compelled to leave the show, trump any perfunctory statements that he was free to go. Just one more reason to never, ever say anything to the cops without your lawyer present--although he surely gets convicted with or without his statements outside the show.

Thanks for the link. It was extremely informative. My initial reaction to this story was that BATFE set up a LAC. My current impression, after having read more (including your link) is that they witnessed illegal activity and (mostly) took appropriate action.

 

[The Donkey]

ARE YOU ******* KIDDING ME?!?! This actually happened?

Why am I surprised? I suppose it is my own fault... Is there anything else in the world so twisted and evil as our current government? If there is, I can't find it.

Sure: twisted and evil.

Why let annoying facts get in the way of a great conspiracy theory?

PT111, you are such a killjoy.

 

[tx65]

Having read about this event and reading different people's view.

1. It is very clear that this person regularly engaged in the sale of firearms and by not having an FFL was walking a very fine line. Its one thing to buy one gun and sell it a couple months later because you need the money or changed your mind, but its an entirely different matter if you always seem to buying guns and selling them without even firing them. While he might claim to have been selling guns from his "personal collection", his pattern of behavior and actions were of a dealer.

2. I think any responsible gun owner can agree that if you are selling a gun that you want to clearly know who is buying the gun. If you have three people in front of you and one is showing all the interest looking over the gun, but it his buddy who hasn't shown the interest handing you the ID and cash, that it is unclear who the gun is being bought for. Lets face it, this guy asked for an ID so he was trying to make a record of the buyer and the situation as described shows that there was not clarity as to who was the buyer.

A straw purchase is a straw purchase. Doesn't matter whether the person was legal or not. It was still a straw purchase. Having owned an FFL, I can tell you if I have 3 people in front of me and it is not perfectly clear who is buying the gun, it was my responsibility to not complete the sale. At very minimum, I was to call ATF for guidance. BTW, I dealt with multiple ATF agents and ATF was never anything but helpful to me and my business.

 

[LeagueOf1291]

Heh, this is what happens when the government has the power to control the sale of guns. Or ammo. Or raw milk. Or gasoline. Or medicine. Or God forbid, food. <Ahem>

 

[OldCurlyWolf]

You don't need to transfer ownership, not federally. A gift is not considered a straw purchase.

He was tried under federal law in federal court. The Texas Supreme Court will not be involved.

I know someone in Bastrop that knows this guy. According to him this guy was pretty much a dealer (and an A-hole) as he was operating like a business and making plenty of money. The BATFE has been for a while trying to get him to get an FFL. He refused and told them to shove it. One thing I don't like is that he heard (and I don't know how true it is and neither does he) the arresting BATFE agent was seen talking to the illegal in the parking lot before the show opened. HMMM!!

Was it a setup? I think probably. The BATFE don't like being told to put stuff where the sun never shines.

The Texas Supreme Court as it is now constituted and has been for 32 + years of which I am aware would never have seen this case if it had been tried in State of Texas District Court. TSC handles civil cases only. No criminal cases.

 

[OldCurlyWolf]

Heh, this is what happens when the government has the power to control the sale of guns. Or ammo. Or raw milk. Or gasoline. Or medicine. Or God forbid, food. <Ahem>

Actually, under the commerce clause in the 14th amendment, it claims that it does all of the above and everything else that is needed to survive.

That is the main reason we need to kick out 90+% of the sitting congress and let the ones who take their place know that crossing us is a very STUPID and unhealthy thing to do.