Thursday, March 14, 2013

If This Guy Tries To Sell You An AR, It's A Trap!

If a kinda short balding guy with a wispy moustache who looks like the guy in the picture below tries to sell you a used Sig M400 for a good price and you aren't a resident of Arizona, you might want to ask for some identification. If the name is Mark Kelly, you better run because it is a set-up.

As has been reported many times and many places, Mark Kelly, husband of Gabby Giffords and born again gun control advocate, recently purchased a used Sig M400 AR-15 clone from a Tucson gun shop. He bought it when he didn't think anyone was looking. Once held up to public scrutiny, his alibi became he bought it to show how easy it was to purchase and that he was going to turn it in to the Tucson Police Department.

Now it seems, if his comments in the video below are to be believed, he is going to try to sell the AR-15 to someone across state lines in a private sale. However, that would be illegal under 18 USC Section 922(a)(5). That section of the law which is part of the Gun Control Act of 1968 states that it is unlawful:
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
In other words, unless you are a dealer you can't sell a firearm to someone who resides in another state. To be legal, the sale has to go through an FFL who will log the firearm into his bound book, a Form 4473 is filled out, the NICS check is run, and then and only then, can the firearm be transferred. The statutory maximum for violating 18 USC 922(a)(5) is 5 years.

Moreover, willful receipt of a firearm from an unlicensed person such as Mr. Kelly from out of state is a violation of 18 USC 922(a)(3) which also carries up to 5 years of imprisonment.

So the bottom line is if you are not a resident of Arizona and Mark Kelly tries to sell you any firearm, run! It's a trap and TV cameras will be nearby.


  1. I wish that gun store would change their mind. And not sell the AR to him. Then give his money back, and tell him. We don't want his business.

  2. I'm shocked (shocked!) that a retired US Navy captain (who as a fighter pilot probably had or has Top Secret security clearance)ad retired NASA senior astronaut (space shuttle command pilot) who is not a felon or domestic violence misdemeanor convictee and has not been adjudicated as mentally defective can pass a FBI NICS background check and buy a an AR15weaponofwarbabykillingsprayandpraymorethrustspersqueezesuperdeadly semiautomatic assault weapon. Shocked!

  3. Actually, if you didn't recognize him and he didn't tell you he had arrived at your gun show from out of state, it wouldn't be a willful or even a knowing violation. To prove willful violations they must show that the defendant had knowledge of the illegal things and knowledge that they were illegal.

    For example, possession of an MG is a KNOWINGLY crime (US v Staples et al). If you know the weapon has the characteristics of a machine gun when you possessed it, you are guilty. If you thought it was an ordinary gun that couldn't fire full auto, you are not guilty. Whether or not you knew it was illegal to possess a machine gun is irrelevant.

    As this is a WILLFULLY crime, it requires that you be aware of the elements of the crime and to be aware that they are elements of a crime. You have to know that he is an out of stater and you have to know that it is illegal to purchase a gun from him at the time you make the purchase. If he does it and then tells you GOTCHA as you're walking out the store, that still doesn't give you the mens rea at the time of the act.

    I think.

    1. Kelly himself would be knowingly violating the law and *should* be prosecuted for it. However, we all know that the laws are meant for gun controllers.

  4. Showcasing the incompetence of the media: skip ahead to the 1:25 mark. Quote "Kelly and his wife are gun owners and says they support the First Amendment". While I'm glad they support any Amendment (and the fact that they're even aware of the Constitution), I'm pretty sure the issue at hand here is the Second Amendment. And just how does he plan on selling that rifle somewhere across state lines AND turning in to police? After the sale, does he plan on breaking into the home of the purchaser and stealing it back, just to prove how easy that is?

    Way too much BS in this clip for it to be taken seriously.

  5. Mr. Kelly says he is an Arizona resident by showing proof of it somehow after he showed a Texas drivers license so he could pick up the pistol and not have it shipped to Texas. You are one heck of a guy to purchase an expensive rifle and say you are giving it to the Tuscon police department. You are also one heck of a guy to give Arizona income tax (you claim you are an Arizona resident.)when you don't have to give any to Texas. Who would do that? Come on your story gets more unbelievable by the second. It does seem that you are falsifying paperwork for residency, your drivers license or your income taxes to achieve your goals. Did you lie on the federal gun form on where you reside. Are you a Texas resident at tax time and an Arizona resident when you purchase weapons?