Skip to comments.Tucson gun store owner halts purchase of semiautomatic rifle by Kelly
Posted on 03/26/2013 6:16:04 AM PDT by SandRat
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.
Kelly was probably going to use it to kill baby seals anyway (before handing it over to the cops, of course!)
So Kelley was on record he was going to be a straw buyer?
Sounds like a “yes”. “Are you the ultimate recipient of the gun?” Lying on the 4473 is a felony - at least when us peasants do it.
so he was purchasaing the firearm under false pretenses...
Who would bring charges ATF? Cool.
No. He was going to buy the gun and “gift” it. Perfectly legal.
So my mom can do that so the rest of the family don’t get in the database?
He was on a baby seal hunt in California with his attack dog.
Kelly, AKA the lying, straw gun buying Seal killer.
The article says he hoped the Police Dept could raffle it off to generate funds. That means that bad ugly gun would still end up in the hands of some citizen. Does that make sense to anyone else?
Plain and simple, he got caught and then didn’t think out his cover story.
and you believe that?
Gifting still means you are not the ultimate owner.
You buy a gun and give it to your kid. Are you a straw buyer? No. Give it to someone else? No.
well it’s a good thing that the shiop owner took the initiative. makes all gunshop operators look good.
Ooooooh that ones gonna get their panties in a twist!
So let’s sum up Captain Kelly’s last few weeks...
He arranges to buy what he would call an assault rifle, then is busted by another gun store customer for hypocrisy. He then defends himself by asserting that he was engaging in a straw purchase with the unnamed intended recipient being the Tucson PD.
Now he’s out on a walk with his daughter and a pit bull. The dog attacks and kills a protected animal.
Act three has to involve a diaper drive.
you got to be kidding? He got caught, then backtracked.
Also, he wants to show how easy it is, right? Didn’t he buy a used rifle?
If so, used means 20 day wait in AZ I believe. Maybe I’m wrong on AZ gun laws.
So he wants to show how easy it is to get an AR and he goes for the a gun that takes an extra 20 days. That is not the definition of easy.
Geez, these guys at this newspaper are failing at their job. They only call this AR-15 an assault rifle twice in the whole article.
When the purchase became public earlier this month
IMHO, this situation is akin to a bank robber getting caught, handing back the money, and saying "Great Job!! I was just testing out your security...."
Amazing what a little light does for the roaches.
It’s still a straw man purchase and illegal. The law doesn’t differentiate. The dealer did the right thing. FFL holders can get in big trouble even with paperwork errors.
I'm not discussing Kelly's justification at all. False or not, it is not relevant.
Perhaps he will be found guilty of killing a marine mammal by use of a dog which is probably a felony. That would prevent Mr Kelly from having to worry about how easy it is for him to buy a gun. He would also no longer have to worry about being shot...into space.
That's what the bloggers say. Funny, they can't cite to the law.
Who woulda thought?
Just every firearms salesman I know of, for the last 25 years.
Also, regarding his motive. Maybe by some chance he was trying to show how easy it is (which that motive dies if he did in fact buy used). You still have to fill out a form that gets sent to the Feds for a background check, NICS.
So does Mark think we should double the NICS check, add a Super NICS check because the first check is a little on the weak side.
He committed a felony by attempting to make a "Straw Man" purchase.
He should be prosecuted for lying on his ATF Form 4473.
Here is the applicable question on the form:
(ATF Form 4473) Firearms Transaction Record Part I - Over The Counter
11. Answer questions 11.a. (see exceptions) through 11.l. and 12 (if applicable) by checking or marking yes or no in the boxes to the right of the questions.
1. Transferees Full Name
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. through 11.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 fals e oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punish able 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)
Using guns on baby seals doesn't seem all that sporting. You hunt them like a British fox hunt with dogs chasing the seals.
Could be a technicality. I have to double check the statutes and regs.
(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;
Darren, don’t waste your time. Kelly got caught and is a liar. But rules are for peons (or conservatives).
Look at the NBC clown David Gregory. Waves an AK mag that is illegal in DC. Rules do not apply for the elite.
DC Atty General stated - prosecution would not promote public safety in the District of Columbia nor serve the best interests of the people of the District to whom this office owes its trust.
Gifts to non prohibited immediate family members are tolerated, but that must be the intent. Kelly has provided ample public evidence that his intent was to transfer to a non immediate family member to defeat the law.
In short, Kelly premeditated intent to commit a firearm transfer felony (for political purposes), not to buy a gift for a child or spouse under his guardianship and instruction.
A proper jury would send him to prison on his own words, while giving a pass to a father buying a 22 rifle for his 12 year old.
Arizona and Texas will be the foundation of a new Constitutional United States of America.
I think Kelly is showing us that existing laws, rarely enforced against high ranked politicians, do keep straw purchasers from using loopholes to buy firearms for other than personal use.
So, two felonies in just a month ~ violating federal gun laws AND killing a protected species with a dog ~ ONE MORE and this dude best hope he’s not in California when he does it.
Rules do not apply for the elite.
You got that right, America has lost the Rule of Law for decades, now.
look at post 28. The form is part of the law.
I just posted a copy of the law which applies for those who don’t believe a law exists.
“So, two felonies in just a month ~ violating federal gun laws AND killing a protected species with a dog ~ ONE MORE and this dude best hope hes not in California when he does it.”
Too bad liberal darlings rarely get convicted or even charged with crimes the rest of us would be crucified for.
I just bought a raffle ticket from the local NRA that gives me the opportunity to win a M4. Is the NRA a “straw buyer?” If not, why not?
Read the terms and conditions carefully.
I did, but thanks.
Come on, we all know you use little clubs to kill baby seals. You don’t want to put holes in their teeny tiny little pelts.
rude, debate all you want about legality and intentions. I could care less the legal aspect.
Mark said he wanted to show how easy it was to get an AR. His choice of purchase was anything but easy. It was one of the hardest way to get one fast, he bought used and had to wait.
That’s like saying I want to show how easy it is to buy an “evil assault rifle” so I choose to buy an AR with a silencer.
OK fine, it’s yours. Except you have to apply and pay for a special Fed Stamp. How easy, 90-120 day wait?
Appears to me he didn't and that is the grounds for the gun shop canceling the order.
If it goes through an FFL and the receiver goes through NICS, it's not a straw purchaser.