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Rejected: Gun Store Cancels AR-15 Purchase by Gabby Giffords’ Husband
The Blaze ^ | March 26, 2013 | Mike Opelka

Posted on 03/26/2013 3:08:34 PM PDT by yoe

An Arizona gun store cancelled a purchase made by former Congresswoman Gabby Giffords’s husband Mark Kelly. On March 5th, Kelly visited Diamondback Police Supply in Tucson, selected an AR-15 style rifle, a .45 caliber handgun, and some high capacity magazines, completed a background check and paid for his purchases.

Within days, the story (broke nationally) and Kelly claimed that his purchases were made to highlight how easy it is to get a gun. He also added that he intended to turn the AR-15 into the Tucson Police. The story sparked almost 4,000 comments to Mark Kelly’s public Facebook page, many of them not very supportive of his intentions.

The store, Diamondback Police Supply in Tucson has now rejected Kelly’s March 5th purchase, and has sent him a full refund. The decision was announced on the company’s Facebook page, in a post from the Diamondback’s owner/president Douglas MacKinley:

“While I support and respect Mark Kelly’s 2nd Amendment rights to purchase, possess, and use firearms in a safe and responsible manner, his recent statements to the media made it clear that his intent in purchasing the Sig Sauer M400 5.56mm rifle from us was for reasons other then for his personal use. In light of this fact, 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 From 4473 and NICS background check required of Mr. Kelly before he could take possession this firearm. A full refund was sent to Mr. Kelly, via express mail, on Thursday of last week.”

(Excerpt) Read more at theblaze.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; US: Arizona
KEYWORDS: arizonagunstore; banglist; corruption; gabbygiffords; guncontrol; kellygunrefund; markkelly; secondamendment; seenit; strawman
Mr. Kelly is a real piece of work, using his wife's injury for money and fame....how else would anyone look at what he is doing....
1 posted on 03/26/2013 3:08:34 PM PDT by yoe
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To: yoe

It can’t be denied. Some people aren’t mentally fit to own firearms.


2 posted on 03/26/2013 3:11:27 PM PDT by TigersEye (The irresponsible should not be leading the responsible.)
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To: yoe
He needs to learn dog control:

Mark Kelly's dog kills baby sea lion

3 posted on 03/26/2013 3:13:01 PM PDT by FReepaholic (Stupidity is not a crime, so you're free to go.)
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To: yoe

Oh no, Mark won’t have a rifle to turn into the police anymore.

Store could have just come out and said he was making a straw purchase. He was. And so, violating the law.


4 posted on 03/26/2013 3:13:53 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: yoe

As he falsified a legal document, he should now get a summons to appear in court


5 posted on 03/26/2013 3:14:23 PM PDT by cutty
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To: cutty

Only if he filled out the 4473 already. That is done at pickup usually.


6 posted on 03/26/2013 3:17:49 PM PDT by omega4179
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To: Secret Agent Man

Reading the letter from the gun shop, the conclusion I made was that they were avoiding a straw man purchase. It made clear that the reason for rejection was that the gun was destined for someone other than the person filling the 4473.


7 posted on 03/26/2013 3:18:56 PM PDT by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: yoe

If he signed the background check form his statements indicate he was committing a felony. Time to turn in the .45 he also bought.


8 posted on 03/26/2013 3:19:46 PM PDT by Starstruck (I need a 30 round magazine because liberal whine gives me a buzz.)
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To: Secret Agent Man

he was making a straw purchase...

Agreed. He was. And didn’t Bloomberg and his flying monkeys do the exact same thing a while back? AFAIK, that’s a serious FELONY...

Sad.
All pigs are equal, but some pigs are more equal than others.


9 posted on 03/26/2013 3:19:58 PM PDT by djf (I don't want to be safe. I want to be FREE!)
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To: yoe

As Kelly was not buying the gun for himself: therefore could not have passed the background check .


10 posted on 03/26/2013 3:20:32 PM PDT by cutty
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To: andyk

I know, they hinted at it. they did not come out in plain english and just say it was a straw man purchase. They should have. and they should have made a point to say such purchases are ILLEGAL as well.

Fully embarrass and also fully make people aware of exactly what his quickly-made, badly-constructed lie (because he only said this AFTER being discovered, he wasn’t going to do this until discovered) meant in legal terms.


11 posted on 03/26/2013 3:23:53 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: yoe
why isn't the POS being charged with a FELONY???
12 posted on 03/26/2013 3:25:57 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: Secret Agent Man

You’re right, they should have. I got the feeling they wanted to extricate themselves with zero damage.


13 posted on 03/26/2013 3:29:30 PM PDT by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: omega4179

IIRC, it was a used rifle someone sold them, and the store had to wait approx. 20 days before they could legally resell it. If Kelly said “hold on to it, “I’ll be back in a month to pick it up” that might be different.


14 posted on 03/26/2013 3:29:40 PM PDT by matt04
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To: Chode

I think he’s using the media whore loophole.


15 posted on 03/26/2013 3:29:51 PM PDT by TurboZamboni (Looting the future to bribe the present)
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To: TurboZamboni
well, he's definitely a whore all right...
16 posted on 03/26/2013 3:34:17 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: yoe
Mr. Kelly....No one likes a smart a**.

And using your wife....disgusting...but I'm sure you're getting paid.

17 posted on 03/26/2013 3:39:24 PM PDT by Sacajaweau
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To: yoe
I should add, "Do I look too butch?"


18 posted on 03/26/2013 3:48:44 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Secret Agent Man
Store could have just come out and said he was making a straw purchase. He was. And so, violating the law.

No, he wasn't making a straw purchase unless the cops asked him to buy it. You can buy a firearm with the intent to give it away so long as it's not to a person you know to be disqualified. The store should have just said "You don't believe in civil rights for others, therefore you get none yourself. We don't sell to liberal dickheads."

19 posted on 03/26/2013 3:58:46 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Travis McGee

Chaz, or Spazz?


20 posted on 03/26/2013 4:07:09 PM PDT by editor-surveyor (Freepers: Not as smart as I'd hoped they'd be)
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To: Travis McGee

Can I get me a huntin’ license here?


21 posted on 03/26/2013 4:08:41 PM PDT by batterycommander (a little more rubble, a lot less trouble)
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To: FReepaholic

Dogs should be banned.


22 posted on 03/26/2013 4:20:45 PM PDT by Third Person (Do the Strandski!)
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To: Travis McGee

Now there’s one of those “Log Cabin” types.


23 posted on 03/26/2013 4:24:42 PM PDT by Third Person (Do the Strandski!)
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To: yoe

That sea lion hating POS can go do you know what to himself.


24 posted on 03/26/2013 4:27:55 PM PDT by Ronald_Magnus
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To: yoe

Kelly lied on his Federal From 4473. He said the rifle was for his personal use, when in fact it was NOT, and was never intended for his personal use. Kelly’s intended use of the firearm was not personal, it was for another end involving propaganda outside of the 2nd amendment process
on which Kelly presumably relied to purchase his firearm. He also falsely swore that Form 4473 was true, under the penalties of perjury.

You bet Kelly should be prosecuted for falsifying his Form 4473.

Diamondback was absolutely correct in refunding Kelly his money. He lied on his Form 4473 ( a sworn document). Kelly is therefore a potential felon.

Kelly should be prosecuted and his right to purchase firearms of any sort prohibited then, as a felon after he is prosecuted and convicted.


25 posted on 03/26/2013 4:34:49 PM PDT by Candor7 (Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
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To: andyk

well i would give them some kudos for it, i just wish they’d have really exposed him flat out and his lie after being publicly caught then fabricating a lie.


26 posted on 03/26/2013 4:36:51 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: FReepaholic

OH my gosh, that is absolutely horrible. Mentally disturbed King Kelly helping to murder endangered sea lions now. And armed on top of it.


27 posted on 03/26/2013 4:42:43 PM PDT by Borax Queen
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To: yoe

He doesn’t even have an AZ DL, after claiming to live here in AZ. (He forgot to bring it to the gun shop and didn’t even have a valid one for AZ.)

The peons have to go get an AZ DL after a certain number of days of living here — but rules are just for the little people.


28 posted on 03/26/2013 4:45:24 PM PDT by Borax Queen
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To: yoe

Mark Kelly-Giffords has zero credibility.


29 posted on 03/26/2013 4:49:36 PM PDT by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: Still Thinking

“No, he wasn’t making a straw purchase unless the cops asked him to buy it. You can buy a firearm with the intent to give it away so long as it’s not to a person you know to be disqualified.”

This.

The act was legal - insofar as what he claimed he would do with it.
Revoking the sale was sensible, though, as a seller is expected to not sell if the buyer seems suspicious ... and a claim that he was buying a >$1000 legal item just so he could hand it over to police sure doesn’t pass the “sane & legal” smell test.


30 posted on 03/26/2013 4:49:42 PM PDT by ctdonath2 (3% of the population perpetrates >50% of homicides...but gun control advocates blame metal boxes.)
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To: yoe

Yeh between exploiting his poor incapacitated wife, Buying an assault rifle as a straw buyer and letting his pitt bull kill a baby Sea Lion I’d say Mark Kelly’s credibility is pretty much in the sh$$#er. :-)


31 posted on 03/26/2013 5:02:37 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Still Thinking
The store should have just said "You don't believe in civil rights for others, therefore you get none yourself. We don't sell to liberal dickheads."

And the store would be immediately sued for violation of customer's civil rights, regardless of the merits. It was the right move to use BATFE rules as an overt reason to deny the transaction. The seller is not required to hold a trial and to determine facts with absolute certainty. A prima facie suspicion is sufficient. Now the store is on the right side of the law.

32 posted on 03/26/2013 5:12:14 PM PDT by Greysard
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To: Greysard

I don’t think political affiliation is considered a protected class for commercial non-discrimination.


33 posted on 03/26/2013 5:15:51 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Still Thinking
I don’t think political affiliation is considered a protected class for commercial non-discrimination.

That would be for the court to decide. Per Wikipedia:

Discrimination is the prejudicial and/or distinguishing treatment of an individual based on their actual or perceived membership in a certain group or category, such as their race, gender, sexual orientation, gender identity, national origin, color, ethnicity, religion, language, disability, age, socioeconomic status, or other characteristics.

That potentially includes everything. But, as I said, merits of the case are irrelevant if they use the lawsuit as a PR stunt or as a threat. For example, they can demand a settlement that puts the gun store out of business; gun stores are not casinos, they don't swim in cash. The owner had a duty to protect his business and his employees, and, IMO, he fulfilled that duty in the safest way possible.

34 posted on 03/26/2013 5:26:34 PM PDT by Greysard
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To: yoe

The store did the right thing legally & morally.


35 posted on 03/26/2013 5:42:46 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: yoe

36 posted on 03/26/2013 6:38:41 PM PDT by Old Yeller
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To: FReepaholic

Cannot control his own dog? That makes him a dumb ax.


37 posted on 03/26/2013 7:39:28 PM PDT by SisterK (Bill Whittle for president)
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To: yoe
Maybe he was too embarrassed to say the real reason for the purchase was that he was taking the weapons on a trip to Mars.
38 posted on 03/26/2013 7:45:34 PM PDT by Lauren BaRecall (When Mark Levin rips Boehner a new one, it's a great day!)
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To: batterycommander

Ha! You remember that, too.


39 posted on 03/26/2013 10:26:57 PM PDT by Lexinom
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To: Secret Agent Man

Will someone find a good legal definition of a “straw purchase.”

Normally it is meant that a “cutout” or “intermediate” is the buyer for someone else. Now, does it mean that if the buyer fills out forms indicating that the weapon is bought for himself/family, and he deliberately sells (leaving out “giving” for the moment) to someone else (who did not go through a background check), is he committing a crime?


40 posted on 03/26/2013 10:50:54 PM PDT by MadMax, the Grinning Reaper
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To: yoe

Spouses of certain people who were shot (news worthy, not commoners like us), have a tendency to overcompensate for that tragedy by going into total opposition to the weapon, not the shooter.

Cases in point. Sara Brady (James Brady, Reagan’s press secy)

Carolyn Murphy’s husband, killed by Colin Ferguson? on a subway train (a racial black on white killing of at least 6 people). She is now a wacked out U.S. Representative from NY

Mark Kelly - Rep. Gabby Gifford’s husband.

and a couple whose names I have forgotten. Maybe Yoko Ono re John Lenon.

Notice that in the Murphy case, the shooter was close enough to have stabbed many of the people he shot, as was the killer of John Lenon.

The same for Loughner, the shooter of Gifford, and John Hinckley, the shooter of Brady, several law enforcement officers and Pres. Reagan.

Instead of trying to keep nuts from getting guns, or even being on the streets when they are known threats, these people take the easy way out, yet they are willing to jeopardize the lives of potential crime victims in the process.

This is not “concern” for people. It is exactly the opposite, a disdain for them.

There has to be a psychologic term for this type of person though I cannot think of it right now unless it is a “projectionist”.


41 posted on 03/26/2013 11:00:47 PM PDT by MadMax, the Grinning Reaper
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To: MadMax, the Grinning Reaper

on the form its a yes/no that you are buying it for you.


42 posted on 03/26/2013 11:14:08 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: yoe

Straw purchase. The useful idiot slipped up.

Kudos to Mr. Douglas MacKinley.


43 posted on 03/26/2013 11:56:13 PM PDT by Daffynition (The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted. — D.H.)
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To: MadMax, the Grinning Reaper

Try Google or Bing


44 posted on 03/26/2013 11:59:29 PM PDT by Daffynition (The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted. — D.H.)
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To: MadMax, the Grinning Reaper
Thanks for the PM Max. I think I owe you a public and private apology. I didn't mean to sound *snippy* ...I have a lot on my mind tonight.....Still FRiends? I need to take a sleeping pill and turn off the 'puter. :)


45 posted on 03/27/2013 12:58:28 AM PDT by Daffynition (The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted. — D.H.)
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To: yoe

Mark Giffords (maiden name Kelly) is despicable.


46 posted on 03/27/2013 6:01:06 PM PDT by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: yoe

How many laws did the shooting hoax break? http://www.youtube.com/watch?v=-YO0al2ZtDw


47 posted on 03/27/2013 7:11:59 PM PDT by Truth2012
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