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Long gun sales are not restricted by state residency. The sale of the magazines was not illegal either. The judge is stupid and does not the law. It will be overturned on appeal.
The judge is probably LAZY, not stupid. She just denied the MSJ without comment so she wouldn't have to do any work at this point.
Plus, setting aside the lying plaintiff's lawyer's comments, it looks like the lawsuit doesn't have anything to do with the killer's connection to Colorado. It seems that it's about the criminal actions that he engaged in while in the Air Force, which the Air Force failed to report to the proper authorities that Academy would have relied on in doing a background check. The scumbag lawyer is now trying to make Academy pay for the Air Force's screw-up.
Last edited by hbdwihdh378y9; 02-13-2019 at 09:31 PM..
There is a legal question here. It's not for a judge to decide a case before it's presented.
I doubt there is any guilt found but that's to be determined in court.
Gun store is not guilty because of the FBI background check coming back clean... that's on the FBI actually, on the Airforce... specifically the department and individual responsible for notifying NICS within the Airforce...
Gun store is not guilty because of the FBI background check coming back clean... that's on the FBI actually, on the Airforce... specifically the department and individual responsible for notifying NICS within the Airforce...
I didn't say they are guilty. I doubt very seriously they are.
I can't speak to the Texas laws, but I know in Virginia you can not buy a gun with a out-of-state drivers license. To buy the gun in Virginia and be able to walk out with it, you have to be a Virginia resident. If however you are from Colorado and want to buy the gun, and have it then shipped back to Colorado, that is possible, you would pay for in Virginia, the Virginia gun dealer would then priority overnight it to a FFL deal near that resident in Colorado.
The Colorado FFL gun dealer would then perform the background check on you, the NICS check; and you would pay the Colorado dealer a transfer fee.
The drivers license is only 1 of the accepted forms of Identification, but it is the primary. But Passport is another & so is Military Identification.
Unless the law in Virginia was recently changed, I believe you are incorrect. Virginia follows Federal law which allows an out of state resident to purchase a long gun from a dealer in Virginia.
Also, dealers aren’t required to send guns overnight, they can send both long guns and hand guns regular USPS mail.
Gun store is not guilty because of the FBI background check coming back clean... that's on the FBI actually, on the Airforce... specifically the department and individual responsible for notifying NICS within the Airforce...
The FBI is above the law though...maybe if they could be targets of a lawsuit?
How was the sale illegal. The article was vague there. It said applicable laws. What laws? Why wasn’t that part expounded on?
I know why, as a gun dealer, that sale was not illegal.
The claim is that the guy showed a Colorado State Drivers License, which could invalidate the sale, unless, he had other documentation establishing residency in Texas.
So it wasn't illegal, the guy was obviously resident in Texas, the sale was in Texas, the shooting was in Texas. Absolutely nothing involves Colorado except his DL.
The kicker is an FFL can ship a long gun to anyone in any state provided they are not a prohibited person, and providing the long gun is LEGAL in both the state of residence of the buyer, AND, the state of transfer. In this case it could be an illegal sale, if the perpetrator was not TX resident, because it would be illegal to possess that rifle with magazine in CO. However, this covers shipping a long gun, not in store sale or transfer.
Personally as an ex-FFL I'd be very skeptical of anyone trying to buy a rifle from me with no way to establish in-state residency and carry it out. I'd rent one out, but I'd probably refuse an in state sale to an out of state resident and give them immediate possession, but I'd ship it to their home address out of state.
Gun store is not guilty because of the FBI background check coming back clean... that's on the FBI actually, on the Airforce... specifically the department and individual responsible for notifying NICS within the Airforce...
If they want to sue the FBI or Air Force then good luck.
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