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View Full Version : Tucson gun store owner halts purchase of semiautomatic rifle by Mark Kelly




Lucille
03-26-2013, 11:50 AM
Tucson gun store owner halts purchase of semiautomatic rifle by Kelly
http://azstarnet.com/news/local/tucson-gun-store-owner-halts-purchase-of-semiautomatic-rifle-by/article_b03f8fa3-4c9b-5b4d-be7c-18ec6e635b1c.html


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.

Related: A little family vacation footage (http://www.liveleak.com/view?i=ced_1364272549):



Astronaut Mark Kelly (husband of Gabriel Giffords) Dog Attacks Seal

Laguna Beach, CA - Goff Cove.

Dog jumped down from above to attack a baby seal and locked onto its neck. Women are attempting to hit the dog with a piece of seaweed and pull the seal out of the it's jaws.

Former astronaut Mark Kelly, the husband of Rep. Gabrielle Giffords, was seen attempting to handle his daughter's dog as it attacked a sea lion at an exclusive resort in Laguna Beach Saturday.

The attached video shows Kelly's screaming daughter and two other women trying to pull her dog away from the sea lion, but were unsuccessful.

Kelly finally stepped in and was able to wrestle the animal free. The sea lion died shortly after the incident.

The local Animal Control said that the attack was unfortunate, but not intentional.

The dog broke from its leash and no laws were broken, police said. Source
Read more at http://www.liveleak.com/view?i=ced_1364272549#pymvKVee9eTG5EHb.99

Hard to believe hitting the dog with seaweed didn't do the trick!

Why do I suspect if that was a Mundane's dog, the owner would be in jail right now, and the dog would be dead.

cheapseats
03-26-2013, 12:10 PM
Right on.

Turn their technicalities right back ON them.

Humanae Libertas
03-26-2013, 01:31 PM
Wait, if he did not intend to keep the rifle. Wouldn't he be in violation of Federal law? That is, if he had the intention of giving it someone else. Wouldn't that make it a straw purchase?

cheapseats
03-26-2013, 01:31 PM
That they may better understand what does not run afoul of Officialdom, reg'lar people on the ground that important people fly over should demand to know which LAWMAKERS have gun permits, what guns they own, how much ammo they have purchased, and how their guns/ammo are stored.

Lucille
03-26-2013, 03:24 PM
Wait, if he did not intend to keep the rifle. Wouldn't he be in violation of Federal law? That is, if he had the intention of giving it someone else. Wouldn't that make it a straw purchase?

People are saying that, but it's not (yet):


11.a. (http://www.atf.gov/forms/download/atf-f-4473-1.pdf) 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. (See Instructions for
Question 11.a.)...
[...]
Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are
the actual transferee/buyer if you are purchasing the firearm for yourself
or otherwise acquiring the firearm for yourself (e.g., redeeming the
firearm from pawn/retrieving it from consignment, firearm raffle winner).

You are also the actual transferee/buyer if you are legitimately purchasing
the firearm as a gift for a third party.

ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a
firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm.
Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must
answer “NO” to question 11.a. The licensee may not transfer the firearm to
Mr. Jones.

However, if Mr. Brown goes to buy a firearm with his own money to give to
Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the
firearm and should answer “YES” to question 11.a. However, you may not
transfer a firearm to any person you know or have reasonable cause to
believe is prohibited under 18 U.S.C. § 922(g), (n), or (x). Please note:
EXCEPTION: If you are picking up a repaired firearm(s) for another person,
you are not required to answer 11.a. and may proceed to question 11.b.

I haven't seen how he filled out his form though. The form used to ask if it was a gift, but no longer does.

The dealer probably denied it because he was shooting his mouth off about it, or lying about it in some way. Maybe he told the dealer it was for him, and after he was called out for his hypocrisy, he went around claiming it was to show "how easy it is," and he was gifting it. Just a guess:


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.

paulbot24
03-26-2013, 03:37 PM
Meanwhile the gun used in the Giffords was NOT an AR-15, or anything close to it. I don't want him to, but if he absolutely has to push for reform out of some misplaced need for closure or whatever, why not work with the details/guns/bullets/mags that were actually used by Laughner on his wife Kathy that started this crusade?

Acala
03-26-2013, 03:41 PM
People are saying that, but it's not (yet):



I haven't seen how he filled out his form though. The form used to ask if it was a gift, but no longer does.

The dealer probably denied it because he was shooting his mouth off about it, or lying about it in some way. Maybe he told the dealer it was for him, and after he was called out for his hypocrisy, he went around claiming it was to show "how easy it is," and he was gifting it. Just a guess:

He didn't fill out the federal form because the rifle was on hold to clear it against the stolen weapons database because it came from a customer. If Kelly had gone back to get it, he would have had to lie on the form if he really intended to give it to the cops.

Acala
03-26-2013, 03:43 PM
Meanwhile the gun used in the Giffords was NOT an AR-15, or anything close to it. I don't want him to, but if he absolutely has to push for reform out of some misplaced need for closure or whatever, why not work with the details/guns/bullets/mags that were actually used by Laughner on his wife Kathy that started this crusade?

Oh, when Kelly went to the gun store to try and buy the AR, he DID buy a semi-auto handgun and says he intends to keep that one. That's what WAS used to shoot his wife. He's a piece of crap trying to make a career out of his wife's tragedy.

Lucille
03-26-2013, 03:50 PM
He didn't fill out the federal form because the rifle was on hold to clear it against the stolen weapons database because it came from a customer. If Kelly had gone back to get it, he would have had to lie on the form if he really intended to give it to the cops.

That's right! But why would he have had to lie on the form?

Acala
03-26-2013, 03:57 PM
That's right! But why would he have had to lie on the form?

Because the form requires you to swear that you are acquiring the gun for yourself. He claims he was acquiring it to give to the cops.

Lucille
03-26-2013, 04:22 PM
Because the form requires you to swear that you are acquiring the gun for yourself. He claims he was acquiring it to give to the cops.

ATF's 4473 (http://www.atf.gov/forms/download/atf-f-4473-1.pdf)? Where? I quoted the pertinent sections above. Maybe I'm overlooking it?

Acala
03-26-2013, 04:30 PM
ATF's 4473 (http://www.atf.gov/forms/download/atf-f-4473-1.pdf)? Where? I quoted the pertinent sections above. Maybe I'm overlooking it?

11a

Lucille
03-26-2013, 04:33 PM
11a

One more time (http://www.ronpaulforums.com/showthread.php?409130-Tucson-gun-store-owner-halts-purchase-of-semiautomatic-rifle-by-Mark-Kelly&p=4945430&viewfull=1#post4945430):


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. (See Instructions for
Question 11.a.)...
[...]
Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are
the actual transferee/buyer if you are purchasing the firearm for yourself
or otherwise acquiring the firearm for yourself (e.g., redeeming the
firearm from pawn/retrieving it from consignment, firearm raffle winner).

You are also the actual transferee/buyer if you are legitimately purchasing
the firearm as a gift for a third party.

ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a
firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm.
Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must
answer “NO” to question 11.a. The licensee may not transfer the firearm to
Mr. Jones.

However, if Mr. Brown goes to buy a firearm with his own money to give to
Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the
firearm and should answer “YES” to question 11.a. However, you may not
transfer a firearm to any person you know or have reasonable cause to
believe is prohibited under 18 U.S.C. § 922(g), (n), or (x). Please note:
EXCEPTION: If you are picking up a repaired firearm(s) for another person,
you are not required to answer 11.a. and may proceed to question 11.b.

kcchiefs6465
03-26-2013, 04:39 PM
Oh, when Kelly went to the gun store to try and buy the AR, he DID buy a semi-auto handgun and says he intends to keep that one. That's what WAS used to shoot his wife. He's a piece of crap trying to make a career out of his wife's tragedy.
He was buying the rifle for himself. Once word got out he had to say something to try and play it off.

"I just wanted to show how easy it is to...."

Bullshit. He's a damn astronaut, why would anyone think that it should be hard for him to acquire a rifle? "Well look how easy it was." No, if he wanted to make his point of how easy it is to buy a rifle he would have sent in a felon or someone exhibiting signs of a mental disorder. Not even Feinstein would care that an astronaut could easily buy a rifle. Kind of funny that he supposedly wanted to show how easy it is to buy a rifle yet it turned into this fiasco. What a fail.

Another hypocritical gun grabber is all.

coastie
03-26-2013, 04:42 PM
He was buying the rifle for himself. Once word got out he had to say something to try and play it off.

"I just wanted to show how easy it is to...."

Bullshit. He's a damn astronaut, why would anyone think that it should be hard for him to acquire a rifle? "Well look how easy it was." No, if he wanted to make his point of how easy it is to buy a rifle he would have sent in a felon or someone exhibiting signs of a mental disorder. Not even Feinstein would care that an astronaut could easily buy a rifle. Kind of funny that he supposedly wanted to show how easy it is to buy a rifle yet it turned into this fiasco. What a fail.

Another hypocritical gun grabber is all.

But you repeat yourself? lol:p

Carson
03-26-2013, 07:44 PM
"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."

Not that easy it seems.

kcchiefs6465
03-26-2013, 08:49 PM
"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."

Not that easy it seems.
Right? Even astronauts can't get their hands on one.

paulbot24
03-26-2013, 09:04 PM
Right? Even astronauts can't get their hands on one.

LOL. Now that is funny.