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The point about the 'ease' is, with no criminal record, the atf check doesn't take that long. It shouldn't. Should a person who passes the atf check have to wait for hours?
Every person that has given their child or relative a gun should immediately be imprisoned!
Thank god my mother is dead, she wouldn't do well in prison.
You should read up on this more. The INTENT of the purchase must be about giving it to someone else who provides the money. Your argument is nonsense.
Also linking to a subscribers only page wont help your argument. The reporter was in fact the ACTUAL buyer. She spent money. NOT the person she gave the gun too. Do you even remotely understand this?
Straw purchase, pure and simple, now is the time to show that the current gun purchase laws work by enforcing them and prosecuting this reporter to the full extent of the law! Let her show how well the laws on the books already work!
because as you point out...She did not buy it purposely for another individual. Thus...no crime.
If she wasn't actually buying it for her, she DID straw purchase as it is for someone OTHER than the buyer and thereby circumvents the point of the background check as it is for that person only not a third party who may or may not pass a background check themself!
11 a) Are you the actual transferee/buyer of the firearm(s) listed on this form Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s)to you.
.......
I certify that my answers to Section A are true, correct, and complete. I have read and understand the Notices, Instructions, and Definitions on ATF Form 4473. I understand that answering “yes” to question 11.a. if I am not the actual buyer is a crime punishable as a felony under Federal law, and may also violate State and/or local law. I understand that a person who answers “yes” to any of the questions 11.b. through11.k. is prohibited from purchasing or receiving a firearm. I understand that a person who answers “yes” to question 11.l. is prohibited from purchasing or receiving a firearm, unless the person also answers “Yes” to question 12. I also understand that making any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a felony under Federal law, and may also violate State and/or local law. I further understand that the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of law (See Instructions for Question 16).1
Every person that has given their child or relative a gun should immediately be imprisoned!
Thank god my mother is dead, she wouldn't do well in prison.
You should read up on this more. The INTENT of the purchase must be about giving it to someone else who provides the money. Your argument is nonsense.
Also linking to a subscribers only page wont help your argument. The reporter was in fact the ACTUAL buyer. She spent money. NOT the person she gave the gun too. Do you even remotely understand this?
Just because it's a stupid law doesn't mean it's not a law. Gun guys are used to seeing stupid gun laws.
There’s no federal law that prohibits a gift of a firearm to a relative or friend that lives in your home state.Abramski v. United States, a recent Supreme Court decision involving a “straw purchase” of a firearm did not change the law regarding firearms as gifts. The following states (California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island, Washington State) and the District of Columbia require you to transfer a firearm through a local firearms retailer so an instant background check will be performed to make sure the recipient is not legally prohibited from owning the gun. Maryland and Pennsylvania require a background check for private party transfer of a handgun. There are exceptions, so it’s important to carefully check the law of your state or ask your local firearms retailer.
Quote:
...you can never transfer a firearm directly to another person who is a resident of a different state. In that case, you must transfer the firearm through a licensed retailer in the state where the person receiving the gift resides.
She gave it to:
Quote:
federally licensed firearms dealer and weapons instructor
according to the link.
A straw purchase is: a criminal act in which a person who is prohibited from buying firearms uses another person to buy a gun on their behalf.
Regardless whether the actual buyer could have purchased the gun, a person who buys a gun on someone else’s behalf while falsely claiming that it is for himself makes a material misrepresentation punishable under 18 U.S.C. § 922(a)(6), which prohibits knowingly making false statements “with respect to any fact material to the lawfulness of a sale of a gun.”
That is not what happened here.
If you want to focus on what she did, then by all means, focus on the fact that it is NOT as "easy as buying a coffee at Starbucks" unless your local Starbucks asks for 2 IDs and runs a background check on you before you get that coffee...but trying to focus on some law that you think she broke...no, she didn't.
Last edited by Three Wolves In Snow; 06-17-2016 at 04:53 PM..
Reason: Forgot link.
It doesn't matter if she did or did not purposely buy it for another:
She gave it to: according to the link.
A straw purchase is: a criminal act in which a person who is prohibited from buying firearms uses another person to buy a gun on their behalf.
That is not what happened here.
If you want to focus on what she did, then by all means, focus on the fact that it is NOT as "easy as buying a coffee at Starbucks" unless your local Starbucks asks for 2 IDs, and runs a background check on you before you get that coffee...but trying to focus on some law that you think she broke...no, she didn't.
Thank you for putting this together better then I could today. I am horribly sick with the flu today, and I am just not up to it.
"CBS News' Paula Reid purchased an AR-15 for a news segment that aired Thursday on CBS This Morning — and is now being accused of breaking federal law. According to the gun store's general manager, Reid said the rifle was for her own use, but when CBS reported on the story, it revealed she had later given the gun to a third party.
Reid was operating undercover in Alexandria, Virginia, to demonstrate how easy it is to purchase an AR-15. The gun store, SpecDive, contacted the Bureau of Alcohol, Tobacco, Firearms, and Explosives afterward to express concern over a possible straw purchase; the ATF confirmed it knew about the purchase, but did not say if it was conducting an investigation.
"The law is very clear. When you knowingly attempt to purchase a firearm with the intent of giving it to another person, you are trying to bypass the legal pathway to firearms ownership. This, in itself, is a very serious crime. I do not see how any member of the press can get away with potentially committing a felony just to boost their ratings and mislead the general public," SpecDive owner Jerry Rapp"
I hope she's charged with a felony!
Quote:
Originally Posted by greywar
Awww did the nasty reporter say something you disagreed with? Lets charge her with a felony!
You sound like Trump.
The Felony part will go nowhere. Reporter will say "I bought it with the intent to show how easy it was, afterwards I realized I really didn't want the gun, so I gave it to a federally licensed firearm dealer."
if she gave the gun to an FFL then there is no crime. the crime comes in if she gave it to someone who is NOT allowed to own a firearm, in arizona you can get ten years in prison for that.
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