Kelly swore on his form 4473 that the forearm was for his personal use. The form is a sworn document , sworn under the penalty of perjury.
Kelly had no ontend to use the forearm, he purchased it for another purpose, a political one designed to destroy the very 2nd amendment right he relied on when he completed the sworn document.
Kelly is therefore gulty of perjury, and it is likely felony perjury pursuant to federal statute.
Kelly should be prosecuted as a felon, and subsequently barred from ever purchasing another firearm as a convicted felon.
No, the form specifically as this question: 11.a "Are you the actual transferee/buyer of the firearm(s) listed on this form?" There is a warning about buying on behalf of someone else (taking their money and buying the gun for them).
The instructions on the form specifically state that you are to answer "Yes" to this question if you are the actual transferee/buyer or if you are buying the firearm as a gift, and gives a specific scenario on this, as well. As stated in his story, his answer on this form would be "Yes" regardless of whether he was really gifting it, or keeping it for himself.
No.
No.
No.
No.
As much as I hate Kelly, he wouldn’t have done anything wrong answering yes to 11a/12a on form 4473.
Why this keeps coming up is beyond me. It’s right there on the form. It tells you to answer yes.
However, Kelly never filled out the form at all. He had to wait 20 days before completing the purchase because the gun was used.
So all this talk about prosecuting Kelly is ridiculous.