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Link Posted: 9/3/2010 2:18:20 PM EDT
[#1]



Quoted:





Quoted:

I brought up very similar point a couple of months back.

I asked if the states where a face to face firearm sale is legal if anyone thought you could be charged with selling to a felon?



The majority thought they had no responsibility to ask or find out if the person buying the gun was in fact a felon.



This case sets a very dangerous precedent.

If this guy can get convicted of selling to an illegal alien under federal law then any one who sells to a felon (unknowing that he was a felon) can also be charged & convicted.

The govt would argue that the seller could have gone to an FFL who could do the back round check and transfer the weapon then.



I have used this analogy (below) for years in trying to tell people that they could & would be charged if they sold a weapon to a convicted felon (even unknowingly)



Analogy:

Say you are in a bar and see a nice looking girl come in, the bartender proofs her.

She gets served, you have a nice conversation with her.

Things progress nicely and she says  "lets go back to your place"

You say "sure, can I see your ID?" (Yeah I know you wouldn't ask)



She shows you a drivers License that is spot on correct, says she's 23

Now you take her home and bang her brains out.

The next day two local detectives stop by your house and show you the girls drivers license and ask , "do you know this girl?'

You being an honest guy say "sure, I met her last night"

Detectives say, "she said she had consensual sex with you, is this true"

You say "yes we had consensual sex"



They say "sir stand up ands place your hands behind your back your under arrest for statutory rape"

"The girl is 15 and the age of consent is 16 in this state"



You're thinking "She had ID, I can beat this"

No you can't

In almost every state it matters nit what ID she had or where she was when you met her.

The only burden of proof the prosecutor must meet is this:

One, you had sex with her

Two, she was in fact under age at the time you banged her.

Now you're fucked!



For argument sake and the those that will say they wouldn't admit to anything>

The girls statement that she met you and had sex with you and the fact her father took her directly to the ER and they did a rape kit is enough probable cause to get a warrant for you DNA even if you stand silent.

You're fucked again in that scenario too.

 


Fuck that. By that analogy if some felon goes to a dealer and fills out the paperwork with fake ID and passes every check and buys the gun the dealer is still busted for selling to a felon.

 
Thats my point.

Who is safe?





 
Link Posted: 9/3/2010 2:43:20 PM EDT
[#2]



Quoted:





Quoted:




Quoted:

I brought up very similar point a couple of months back.

I asked if the states where a face to face firearm sale is legal if anyone thought you could be charged with selling to a felon?



The majority thought they had no responsibility to ask or find out if the person buying the gun was in fact a felon.



This case sets a very dangerous precedent.

If this guy can get convicted of selling to an illegal alien under federal law then any one who sells to a felon (unknowing that he was a felon) can also be charged & convicted.

The govt would argue that the seller could have gone to an FFL who could do the back round check and transfer the weapon then.



I have used this analogy (below) for years in trying to tell people that they could & would be charged if they sold a weapon to a convicted felon (even unknowingly)



Analogy:

Say you are in a bar and see a nice looking girl come in, the bartender proofs her.

She gets served, you have a nice conversation with her.

Things progress nicely and she says  "lets go back to your place"

You say "sure, can I see your ID?" (Yeah I know you wouldn't ask)



She shows you a drivers License that is spot on correct, says she's 23

Now you take her home and bang her brains out.

The next day two local detectives stop by your house and show you the girls drivers license and ask , "do you know this girl?'

You being an honest guy say "sure, I met her last night"

Detectives say, "she said she had consensual sex with you, is this true"

You say "yes we had consensual sex"



They say "sir stand up ands place your hands behind your back your under arrest for statutory rape"

"The girl is 15 and the age of consent is 16 in this state"



You're thinking "She had ID, I can beat this"

No you can't

In almost every state it matters nit what ID she had or where she was when you met her.

The only burden of proof the prosecutor must meet is this:

One, you had sex with her

Two, she was in fact under age at the time you banged her.

Now you're fucked!



For argument sake and the those that will say they wouldn't admit to anything>

The girls statement that she met you and had sex with you and the fact her father took her directly to the ER and they did a rape kit is enough probable cause to get a warrant for you DNA even if you stand silent.

You're fucked again in that scenario too.

 


Fuck that. By that analogy if some felon goes to a dealer and fills out the paperwork with fake ID and passes every check and buys the gun the dealer is still busted for selling to a felon.

 
Thats my point.

Who is safe?



 
No One. If the man has it in for you, you are going down.





 
Link Posted: 9/3/2010 2:50:01 PM EDT
[#3]
So by this standard, if a Hispanic-appearing family goes to Social Services to apply for public assistance, part of which are Federal funds, that family should be denied said Federal funds, even if they possess a valid TX Drver's License, until such time, that actual citizenship can be verified, right?
Link Posted: 9/3/2010 3:06:04 PM EDT
[#4]


Regardless of how low the feds have sunk, I blame the jury the most for this conviction.  I really can't believe Americans would do that.
Link Posted: 9/3/2010 3:18:00 PM EDT
[#5]
holy fucking shit.

those fucking people are corrupt as all hell if this is true.

if this is true, everyone involved needs to be tossed out of office.
Link Posted: 9/3/2010 3:26:53 PM EDT
[#6]
Quoted:
I brought up very similar point a couple of months back.
I asked if the states where a face to face firearm sale is legal if anyone thought you could be charged with selling to a felon?

The majority thought they had no responsibility to ask or find out if the person buying the gun was in fact a felon.

This case sets a very dangerous precedent.
If this guy can get convicted of selling to an illegal alien under federal law then any one who sells to a felon (unknowing that he was a felon) can also be charged & convicted.
The govt would argue that the seller could have gone to an FFL who could do the back round check and transfer the weapon then.

I have used this analogy (below) for years in trying to tell people that they could & would be charged if they sold a weapon to a convicted felon (even unknowingly)

Analogy:
Say you are in a bar and see a nice looking girl come in, the bartender proofs her.
She gets served, you have a nice conversation with her.
Things progress nicely and she says  "lets go back to your place"
You say "sure, can I see your ID?" (Yeah I know you wouldn't ask)

She shows you a drivers License that is spot on correct, says she's 23
Now you take her home and bang her brains out.
The next day two local detectives stop by your house and show you the girls drivers license and ask , "do you know this girl?'
You being an honest guy say "sure, I met her last night"
Detectives say, "she said she had consensual sex with you, is this true"
You say "yes we had consensual sex"

They say "sir stand up ands place your hands behind your back your under arrest for statutory rape"
"The girl is 15 and the age of consent is 16 in this state"

You're thinking "She had ID, I can beat this"
No you can't
In almost every state it matters nit what ID she had or where she was when you met her.
The only burden of proof the prosecutor must meet is this:
One, you had sex with her
Two, she was in fact under age at the time you banged her.
Now you're fucked!

For argument sake and the those that will say they wouldn't admit to anything>
The girls statement that she met you and had sex with you and the fact her father took her directly to the ER and they did a rape kit is enough probable cause to get a warrant for you DNA even if you stand silent.
You're fucked again in that scenario too.
 




that is not what happened here...i will change it for you as i read this


the State sent this girl to the bar,
allowed her to use a fake ID,
they then knew she was going to have sex with you
and allowed it knowing full well you were being lied to.

they then arrested you for rape....

the State robs my house...

they then make a receipt for the item

they then sell the item to you..

they then arrest you for receiving stolen property...




the State is committing the illegalacts
Link Posted: 9/3/2010 3:38:30 PM EDT
[#7]



Quoted:



Quoted:

I brought up very similar point a couple of months back.

I asked if the states where a face to face firearm sale is legal if anyone thought you could be charged with selling to a felon?



The majority thought they had no responsibility to ask or find out if the person buying the gun was in fact a felon.



This case sets a very dangerous precedent.

If this guy can get convicted of selling to an illegal alien under federal law then any one who sells to a felon (unknowing that he was a felon) can also be charged & convicted.

The govt would argue that the seller could have gone to an FFL who could do the back round check and transfer the weapon then.



I have used this analogy (below) for years in trying to tell people that they could & would be charged if they sold a weapon to a convicted felon (even unknowingly)



Analogy:

Say you are in a bar and see a nice looking girl come in, the bartender proofs her.

She gets served, you have a nice conversation with her.

Things progress nicely and she says  "lets go back to your place"

You say "sure, can I see your ID?" (Yeah I know you wouldn't ask)



She shows you a drivers License that is spot on correct, says she's 23

Now you take her home and bang her brains out.

The next day two local detectives stop by your house and show you the girls drivers license and ask , "do you know this girl?'

You being an honest guy say "sure, I met her last night"

Detectives say, "she said she had consensual sex with you, is this true"

You say "yes we had consensual sex"



They say "sir stand up ands place your hands behind your back your under arrest for statutory rape"

"The girl is 15 and the age of consent is 16 in this state"



You're thinking "She had ID, I can beat this"

No you can't

In almost every state it matters nit what ID she had or where she was when you met her.

The only burden of proof the prosecutor must meet is this:

One, you had sex with her

Two, she was in fact under age at the time you banged her.

Now you're fucked!



For argument sake and the those that will say they wouldn't admit to anything>

The girls statement that she met you and had sex with you and the fact her father took her directly to the ER and they did a rape kit is enough probable cause to get a warrant for you DNA even if you stand silent.

You're fucked again in that scenario too.

 

that is not what happened here...i will change it for you as i read this





the State sent this girl to the bar,

allowed her to use a fake ID,

they then knew she was going to have sex with you

and allowed it knowing full well you were being lied to.



they then arrested you for rape....



the State robs my house...



they then make a receipt for the item



they then sell the item to you..



they then arrest you for receiving stolen property...
the State is committing the illegalacts
I might have missed the part about the illegals working for the atf to entrap the seller.

Can you tell me where that is?





 
Link Posted: 9/3/2010 3:42:26 PM EDT
[#8]
Quoted:
So the govt is saying racial profiling is okay in this case? But they accuse us of being racists?

ETA: sucks for the guy.  




they would have charged the guy with a civil rights violation if he refused to sell to them..
Link Posted: 9/3/2010 3:56:24 PM EDT
[#9]
Damn, everything really is bigger in Texas. Even the stupid.
Link Posted: 9/3/2010 4:09:40 PM EDT
[#10]
Quoted:
btw the current police chief is from CHIPS as well

http://www.ci.austin.tx.us/police/images/chiefacevedo.jpg


Art Acevedo serves as the eighth Police Chief in the 87-year history of the Austin Police Department and is the first Hispanic to lead the City’s police force. With more than two decades of law enforcement experience, he oversees a department that employs approximately 2,200 sworn officers and civilian personnel. With the consolidation of the Austin Police Department and the Austin Public Safety and Emergency Management Department in January 2009, Acevedo is now responsible for all municipal law enforcement in the City of Austin, including Austin-Bergstrom International Airport, parks, and municipal courts.

Chief Acevedo began his professional career in law enforcement with the California Highway Patrol in 1986, bringing a well-established commitment to community outreach and coalition building to Austin. He strives to establish strong community relationships throughout the city with the goal of strengthening the relationship between the people of Austin and their Police Department. Chief Acevedo leads by example with a strong sense of community involvement through his own personal time and resources.

Chief Acevedo has been a leader with the National Latino Peace Officers Association (NLPOA) for over 20 years. In his NLPOA capacity, he has been a champion for diversity by traveling throughout the United States to assist qualified minorities in law enforcement secure entry-level and promotional opportunities. In addition, he has raised monies to provide scholarships to young people. As NLPOA California State Chapter President, he secured $200,000 in grant funding from State Farm Insurance Company to provide car-seats to families in need. This funding has also been used to assist local NLPOA Chapters.

Born in Havana, Cuba, Acevedo migrated to the United States with his family in 1968 in search of freedom and the opportunities to be found in America. He grew up in California, and earned his Bachelor of Science degree, with departmental honors, in Public Administration from the University of La Verne. He is married to Tanya and is the father of three children, Melissa, Matthew and Jake.

Appointed Austin Police Chief in July 2007, Chief Acevedo believes in the spirit of our community and the commitment to excellence demonstrated by the men and women he leads.


Wasn't Acevedo the cock sucker on The Shield?


Not terribly surprised he's gone from sucking thug dick to fucking citizens
Link Posted: 9/3/2010 4:21:34 PM EDT
[#11]
Quoted:
This goes back to one of the Arfcom regular threads of old.

If you aren't a citizen of this country, you should NOT have a driver's license.

Some sort of a guest permit that expires when your stay does, fine.

Then to make things wonderfully simple:

If caught driving with an expired guest permit, you're fucking DONE. DONE. GONE.


This.
Try getting a drivers license while illegal in any other country, it's not gonna happen (even in friendly Canada).
Link Posted: 9/3/2010 5:05:19 PM EDT
[#12]
Quoted:
Quoted:
That is fucked up if the guy had a real TX DL.


Also it goes back to what I have been saying about gunshow promoters allowing non-ffl holders buy tables for selling guns.


I've been to that Austin Gun Show many times. I haven't been in a couple of years but there used to be a non-FFL guy there with a table. He had a table every time I went to the show...and I'm talking for about 8 or so years. Any one that walked by his table he would say "I can sell you any gun on this table with no paperwork". I can't believe he operated like that and evidently never got caught.



There was a core group of them ( non ffl guys) that were there every month for years. They sold from their own private collection. Whats wrong with that? I got some pretty good deals from those guys. Some of the same folks go to the new one down south in the old target building.

I am thinking about getting a table next month.So I can sell off some of my unneeded gun related stuff. That and I have some AP .50 Cal I need to sell.

50 bucks a Table. I sell one upper and one can of .50 ammo  and I am good.
Link Posted: 9/3/2010 8:31:24 PM EDT
[#13]
Quoted:

Quoted:
This can be challenged. A driver's license is not even required to be shown to sell a firearm to an individual in Texas.
The seller broke no laws, he is not required to do a background check if he is not a dealer. As long as the seller has no knowledge of any reason why the buyer would not legally be able to purchase said firearm, he can sell legally in Texas.

It is the buyer who is breaking the law. I see this hitting the courts in a big way, and ATF eating crow.


Who has the money for all that?
 


If the conviction means you can never legally own firearms again, which in this case it does, you'd better find the money.
Link Posted: 9/4/2010 4:25:37 AM EDT
[#14]
Quoted:
Quoted:
Quoted:
That is fucked up if the guy had a real TX DL.


Also it goes back to what I have been saying about gunshow promoters allowing non-ffl holders buy tables for selling guns.


I've been to that Austin Gun Show many times. I haven't been in a couple of years but there used to be a non-FFL guy there with a table. He had a table every time I went to the show...and I'm talking for about 8 or so years. Any one that walked by his table he would say "I can sell you any gun on this table with no paperwork". I can't believe he operated like that and evidently never got caught.



There was a core group of them ( non ffl guys) that were there every month for years. They sold from their own private collection. Whats wrong with that? I got some pretty good deals from those guys. Some of the same folks go to the new one down south in the old target building.

I am thinking about getting a table next month.So I can sell off some of my unneeded gun related stuff. That and I have some AP .50 Cal I need to sell.

50 bucks a Table. I sell one upper and one can of .50 ammo  and I am good.



What's wrong with it from a federal gun law perspective is the law defines a firearms dealer as someone that is "engaged in the business" of buying and selling firearms. For this you must have an FFL to comply with the law.

The term "engaged in the business" was defined by the legislation as "a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms." Specifically excluded from the definition was a person who made "occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms."

IMO setting up a table at a gun show every month for years on end, and offering to sell firearms to anyone that walks by is far outside of the definition of "occasional sales, exchanges........blah blah", and without a doubt falls within the definition of  "engaged in the business" of buying and selling firearms.

Link Posted: 9/4/2010 4:42:02 AM EDT
[#15]

Quoted:
This can be challenged. A driver's license is not even required to be shown to sell a firearm to an individual in Texas.
The seller broke no laws, he is not required to do a background check if he is not a dealer. As long as the seller has no knowledge of any reason why the buyer would not legally be able to purchase said firearm, he can sell legally in Texas.

It is the buyer who is breaking the law. I see this hitting the courts in a big way, and ATF eating crow.




A key provision in the law is that the person who you sell to must be a resident of your state. This tells me that it is the responsibility of the seller to verify in some way that the buyer is a resident of your state. The easiest way to verify that the buyer is a resident of your state is to look at their drivers license.
Link Posted: 9/4/2010 4:47:57 AM EDT
[#16]
So, what they are saying is that you shouldn't sell guns to brown people who are wearing cowboy clothes. So I can legally profile if I am going to sell a gun. Papers, please. Got it.
Link Posted: 9/4/2010 4:51:17 AM EDT
[#17]
Quoted:

Quoted:
Quoted:
Bullshit it does... I'm not a counterfeit expert, if the docs look legit, it's not my problem.

If it's a felony to conduct certain transactions with illegals,
then the average Joe needs a reasonable way of assuring he's within the law, period.


There has to be more evidence than we hear about in that article...as the case presented in the article is thinner than a soup made from the shadow of a starving crow.

Based on folks who have actually *seen* this guy at gunshows...

It seems like he was an unlicensed 'straw' dealer, marketing guns to those who couldn't legally buy, and this was the easiest way the ATF could nail him...

Essentially, they played on the assumed prejudices of the local jury pool (assuming they'd get a jury who believes 'Brown skin & speaks Spanish = illegal (As often expressed on ARF, for example)).... And got what they were looking for - rather than the more concrete but more work-intensive investigation required to get him on 'dealing without a license'

Plus, 'selling to illegal Mexican' is a more politically 'useful' charge, in terms of the US 'doing something about US guns going to Mexico'...


 


It seems to me that the state is complicit for issuing a drivers license to an illegal.
Link Posted: 9/4/2010 5:10:51 AM EDT
[#18]
Not sure if this has been posted yet.....



Gun dealer sentenced to 6-months for selling weapons to a undocumented immigrant.
Newsroom
8/31/2010


One of the gun dealers of Austin's Gun Show is sentenced to 6-months at a federal work camp for selling a weapon to an undocumented immigrant. Independent firearms dealer-Paul Copeland says for years he has commonly sold handguns and antique weapons with no problems and prior to his arrest the illegal immigrant showed him what appeared to be a valid Texas driver’s license. In January 2009, the ATF along with the Austin police department set up a sting operation targeting independent firearms dealers that were selling weapons to illegal immigrants, both inside the show and outside the Austin’s Gun Show’s parking lot. Shortly after the series of arrests, the regularly scheduled weapons-event was asked to move from the North Austin location. Investigators with the Austin police department believed many of the guns sold to the undocumented immigrants at the show were headed back across the Texas-Mexico border. “I guess you need ask them <Latinos> for their documentation too; if the police aren’t going to profile why should the common citizen have to” says Copeland. He says none of the undocumented immigrants that were asked to testify against him were arrested by federal agents. Austin's Federal Judge Sam Sparks sentenced Copeland to spend the next 6-months at a federal work camp followed by 2-years of probation.

http://www.590klbj.com/News/Story.aspx?ID=1272077
Link Posted: 9/4/2010 5:17:55 AM EDT
[#19]
Quoted:
btw the current police chief is from CHIPS as well

http://www.ci.austin.tx.us/police/images/chiefacevedo.jpg


Art Acevedo serves as the eighth Police Chief in the 87-year history of the Austin Police Department and is the first Hispanic to lead the City’s police force. With more than two decades of law enforcement experience, he oversees a department that employs approximately 2,200 sworn officers and civilian personnel. With the consolidation of the Austin Police Department and the Austin Public Safety and Emergency Management Department in January 2009, Acevedo is now responsible for all municipal law enforcement in the City of Austin, including Austin-Bergstrom International Airport, parks, and municipal courts.

Chief Acevedo began his professional career in law enforcement with the California Highway Patrol in 1986, bringing a well-established commitment to community outreach and coalition building to Austin. He strives to establish strong community relationships throughout the city with the goal of strengthening the relationship between the people of Austin and their Police Department. Chief Acevedo leads by example with a strong sense of community involvement through his own personal time and resources.

Chief Acevedo has been a leader with the National Latino Peace Officers Association (NLPOA) for over 20 years. In his NLPOA capacity, he has been a champion for diversity by traveling throughout the United States to assist qualified minorities in law enforcement secure entry-level and promotional opportunities. In addition, he has raised monies to provide scholarships to young people. As NLPOA California State Chapter President, he secured $200,000 in grant funding from State Farm Insurance Company to provide car-seats to families in need. This funding has also been used to assist local NLPOA Chapters.

Born in Havana, Cuba, Acevedo migrated to the United States with his family in 1968 in search of freedom and the opportunities to be found in America. He grew up in California, and earned his Bachelor of Science degree, with departmental honors, in Public Administration from the University of La Verne. He is married to Tanya and is the father of three children, Melissa, Matthew and Jake.

Appointed Austin Police Chief in July 2007, Chief Acevedo believes in the spirit of our community and the commitment to excellence demonstrated by the men and women he leads.


He needs to be punked like the Acevedo from The Shield
Link Posted: 9/4/2010 5:28:07 AM EDT
[#20]
Jebus.
Link Posted: 9/4/2010 6:08:34 AM EDT
[#21]
Attorney Paul Velte founder of "Peaceable Texans For Firearms Rights" was interviewed by Alex Jones.
Mr. Velte describes the bigger picture of how and why we will see more staged stings like this one.

I realize that Alex Jones is dismissed by many here, but the interview and Velte's responses are very interesting.

It's 25 minutes long just so you know.  

Here's the link.

http://www.prisonplanet.com/the-final-assault-on-2nd-amendment-rights-is-in-full-swing.html
Link Posted: 9/4/2010 6:12:53 AM EDT
[#22]
Ok, so after reading through more postings, let me see if I can summarize a bit:

The guy who got popped was not just ANY guy walking around the show trying to sell an unwanted, un-needed, or surplus gun from his collection.  He was a guy who had repeatedly, for years, bought and set up a table at the show with guns for sale and would always comment on "no paperwork" as being a good reason to buy from him.  He sold to "questionable" individuals, and this brought him to the attention of other people at the show and eventually to the BATFE.  BATFE sets up a sting and then busts him.

If that's how it really went down, then my BIGGEST issue is that the subject used in the sting should have been more obviously not a US Citizen, as in NO DL at all.

The End does NOT justify the means.
Link Posted: 9/4/2010 7:08:52 AM EDT
[#23]
Quoted:
Ok, so after reading through more postings, let me see if I can summarize a bit:

The guy who got popped was not just ANY guy walking around the show trying to sell an unwanted, un-needed, or surplus gun from his collection.  He was a guy who had repeatedly, for years, bought and set up a table at the show with guns for sale and would always comment on "no paperwork" as being a good reason to buy from him.  He sold to "questionable" individuals, and this brought him to the attention of other people at the show and eventually to the BATFE.  BATFE sets up a sting and then busts him.

If that's how it really went down, then my BIGGEST issue is that the subject used in the sting should have been more obviously not a US Citizen, as in NO DL at all.

The End does NOT justify the means.


What has been lost in discussion here is the fact that the illegal he sold it to, committed three felony offenses.
He bought the handgun, took posession, and then later knowingly sold it to ANOTHER illegal alien.
He has never been charged, detained or for that matter, deported as an illegal.
Link Posted: 9/4/2010 7:29:31 AM EDT
[#24]
Sounds like they found 12 liberal government whoreshippers to suck governments dick.

They don't have the ability to think for themselves... They just do what the government tells them to do.
Link Posted: 9/4/2010 7:33:00 AM EDT
[#25]
"Keep your heads down and be scared to sell your weapons" is the lesson they want you to learn with this case.

Illegal aliens are being used as a catalyst to take our rights.

The Fed will even take diametrically opposing positions involving illegals and Mexico if it means they can take something from you and I.

The aim is always the same in any matter the Fed undertakes as of late, and that is to curtail our rights or at least try and stifle them.

Even when there is no law being broken, you can and will be charged just to send a message to the rest of the slaves to get in line and STFU.

It is an obvious concerted effort. What that says about the state of our affairs in this country I'm not sure I want to even think on for too long.
Link Posted: 9/4/2010 7:44:18 AM EDT
[#26]
Quoted:
If you find yourself in court facing criminal charges you will quickly find out that the system is not about right and wrong,  it is about winning and losing.

You will find attys on BOTH sides that will argue actions to be reasonable and justifed at one trial,  only to argue the exact opposite at the next one.   Most will do whatever it takes to win.


Now that's an interesting point....................for it's exactly the reason why I refused to watch "Law & Order" early on in its showing.

And that show has been running how long? With how many spin offs? On how many net works?.................................being watched by how much of the country?
_________________________________________________________
("Ponder this on the tree of Woe, boy........................CRUCIFY HIM!"––the enemy, (w,stte), "Conan")
Link Posted: 9/4/2010 12:44:58 PM EDT
[#27]
Quoted:
Not sure if this has been posted yet.....



Gun dealer sentenced to 6-months for selling weapons to a undocumented immigrant.
Newsroom
8/31/2010


One of the gun dealers of Austin's Gun Show is sentenced to 6-months at a federal work camp for selling a weapon to an undocumented immigrant. Independent firearms dealer-Paul Copeland says for years he has commonly sold handguns and antique weapons with no problems and prior to his arrest the illegal immigrant showed him what appeared to be a valid Texas driver’s license. In January 2009, the ATF along with the Austin police department set up a sting operation targeting independent firearms dealers that were selling weapons to illegal immigrants, both inside the show and outside the Austin’s Gun Show’s parking lot. Shortly after the series of arrests, the regularly scheduled weapons-event was asked to move from the North Austin location. Investigators with the Austin police department believed many of the guns sold to the undocumented immigrants at the show were headed back across the Texas-Mexico border. “I guess you need ask them <Latinos> for their documentation too; if the police aren’t going to profile why should the common citizen have to” says Copeland. He says none of the undocumented immigrants that were asked to testify against him were arrested by federal agents. Austin's Federal Judge Sam Sparks sentenced Copeland to spend the next 6-months at a federal work camp followed by 2-years of probation.

http://www.590klbj.com/News/Story.aspx?ID=1272077


So it was a Federal court.

And the Fed jury bought the argument that, regardless of driver's license, cowboy boots and latino features = reasonable suspicion that someone is an illegal?  In Texas?    They do realize that most Texans are hispanic, right?

Appeal.  Appeal.  Appeal.
Link Posted: 9/4/2010 12:55:38 PM EDT
[#28]
Quoted:
gET READY FOR dEMOCRAT INSPIRED DOUCHBAGGERY foisted upon Leos and look for leos to comply rater than be a target like Sheriff Joe


Fuck you.

I'm not rolling over and enforcing illegal laws for anyone.

Thanks for lumping me in with the spineless....

Just because those of you in the Republik of Kalifornia keep electing douchebags who will cheerfully give your state and our country away to anyone with a sob story of oppression, doesnt mean the rest of the country will. Especially my state.

So fuck you and your broad sweeping generalizations...go pick up some more "fabulous curtains" to match your "fabulous purse" with your "fabulous" boyfriend.

(Gee, generalizations are fun!!)

Nick
Link Posted: 9/4/2010 1:02:35 PM EDT
[#29]
Minnesota residents:

You'd better not sell any firearms to white, English speakers with a Minnesota drivers' license.  Any reasonable person will tell you they're probably an illegal Canadian.
Link Posted: 9/4/2010 4:17:33 PM EDT
[#30]
Quoted:
Quoted:
Quoted:
Quoted:
That is fucked up if the guy had a real TX DL.


Also it goes back to what I have been saying about gunshow promoters allowing non-ffl holders buy tables for selling guns.


I've been to that Austin Gun Show many times. I haven't been in a couple of years but there used to be a non-FFL guy there with a table. He had a table every time I went to the show...and I'm talking for about 8 or so years. Any one that walked by his table he would say "I can sell you any gun on this table with no paperwork". I can't believe he operated like that and evidently never got caught.



There was a core group of them ( non ffl guys) that were there every month for years. They sold from their own private collection. Whats wrong with that? I got some pretty good deals from those guys. Some of the same folks go to the new one down south in the old target building.

I am thinking about getting a table next month.So I can sell off some of my unneeded gun related stuff. That and I have some AP .50 Cal I need to sell.

50 bucks a Table. I sell one upper and one can of .50 ammo  and I am good.



What's wrong with it from a federal gun law perspective is the law defines a firearms dealer as someone that is "engaged in the business" of buying and selling firearms. For this you must have an FFL to comply with the law.

The term "engaged in the business" was defined by the legislation as "a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms." Specifically excluded from the definition was a person who made "occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms."

IMO setting up a table at a gun show every month for years on end, and offering to sell firearms to anyone that walks by is far outside of the definition of "occasional sales, exchanges........blah blah", and without a doubt falls within the definition of  "engaged in the business" of buying and selling firearms.



Gotcha,
I see how that could be considered  engaged in the business. I never had any of them hawking guns at me with the no paper work angle. I can see where that would be frowned on.
Link Posted: 9/4/2010 6:01:32 PM EDT
[#31]
actual link?

Link Posted: 9/5/2010 9:37:23 AM EDT
[#32]
Quoted:
Austin's Federal Judge Sam Sparks sentenced Copeland to spend the next 6-months at a federal work camp followed by 2-years of probation.


Link Posted: 9/5/2010 9:46:15 AM EDT
[#33]
There cracking down on FTF deals expect more stings in the near future..
Link Posted: 9/5/2010 1:06:45 PM EDT
[#34]
Quoted:
Quoted:
Austin's Federal Judge Sam Sparks sentenced Copeland to spend the next 6-months at a federal work camp followed by 2-years of probation.






Prison Factories
here you go

Link Posted: 9/5/2010 4:58:49 PM EDT
[#35]







Quoted:
They put an FBI agent in prison for ... and for buying a couple of glocks at LE price and reselling them.




And for lying to a Federal Investigator. Both of which are Federal felonies.
ONE MORE TIME:
Why I will never talk to the police.
 
Link Posted: 9/6/2010 9:01:33 AM EDT
[#36]
The Fed sues Az over SB1070 because it may lead to racial profiling.

A gun seller does not engage in racial profiling, and get throw in prision by the Fed.   This is madness.
Link Posted: 9/6/2010 9:04:39 AM EDT
[#37]
One word..........AUSTIN
Link Posted: 9/6/2010 9:20:25 AM EDT
[#38]




Quoted:

I can't believe what our country is becoming.


In Nov. of '08 I saw it coming. WQe're building a mosque on Ground Zero for God's sake ! A fucking Mosque praising Allah, terrorist propagating building right next to where more than 3,000 innocent Americans gave their lives at the hands of the same people building it ! If this can hapen, anything can as far as I'm concerned.

Link Posted: 9/6/2010 9:21:59 AM EDT
[#39]
Are you FN kidding me. He should have know they were illegal because they were 1 hispanic, 2 spoke spanish, 3 wore cowboy clothing? WTF! Can you imagine if he didn't sell to them because of that and they were legal??? It's funny how the race card works for these fucks any way they want.
Link Posted: 9/6/2010 9:39:04 AM EDT
[#40]
Quoted:

Quoted:
This can be challenged. A driver's license is not even required to be shown to sell a firearm to an individual in Texas.
The seller broke no laws, he is not required to do a background check if he is not a dealer. As long as the seller has no knowledge of any reason why the buyer would not legally be able to purchase said firearm, he can sell legally in Texas.

It is the buyer who is breaking the law. I see this hitting the courts in a big way, and ATF eating crow.




A key provision in the law is that the person who you sell to must be a resident of your state. This tells me that it is the responsibility of the seller to verify in some way that the buyer is a resident of your state. The easiest way to verify that the buyer is a resident of your state is to look at their drivers license.


If this was the case, the law would require you to verify State DL. It does not.
Link Posted: 9/6/2010 10:13:02 AM EDT
[#41]
Quoted:
This is a whole dump truck full of BULLSHIT
QFT



Posted Via AR15.Com Mobile
Link Posted: 9/6/2010 11:23:43 AM EDT
[#42]
these 12 on the jury have got shit for brains
Link Posted: 9/6/2010 11:49:39 AM EDT
[#43]
Quoted:
Quoted:
This is a whole dump truck full of BULLSHIT
QFT



Posted Via AR15.Com Mobile


And for an encore.
Link Posted: 9/6/2010 11:55:41 AM EDT
[#44]
Quoted:
Straw number 11,942 on the back of the camel.

ATF probably plans this to be the basis for a full frontal attack on FTF sales.



You win.  That has been the ATF's agenda all along.  Preventing or at least discouraging all FTF purchases.  They want universal registration, more power in their hands, and  bigger bigger budgets.
Link Posted: 9/6/2010 6:27:09 PM EDT
[#45]
The part in bold is a classic straw-purchase setup.

https://www.tsra.com/index.php?option=com_content&view=article&id=256:casualty-of-the-austin-gun-show-chaos&catid=55:tripp-talk&Itemid=113

Casualty of the Austin Gun Show Chaos

Written by Alice Tripp Saturday, 24 July 2010 14:50

Last January 2010 the internet went viral with rumors centered around a gun show held in Austin, Texas.   TSRA was on top of the situation within two hours and reported to members that the gun show promoter, Darwin Boedeker, had met with BATF agents, Austin PD from the nuisance unit, and building owners and had agreed to not allow private sales at this gun show.

TSRA was forwarded the email notice Mr. Boedeker put out to his vendors after that meeting.  Charles Cotton, TSRA's executive director and I spoke with Mr. Boedeker on speaker phone.   The call was on Friday before the Saturday/Sunday gun show.  There would be no private sales without a background check as per Mr. Boekeker's agreement.  

On Saturday Gun Show attendees were met at the door with a handbill giving the same information, anyone without an FFL wanting to sell or trade a firearm must do so through an FFL.  Vendors and attendees were angry, as you can imagine.

C.B. Copeland usually had a table at this show, he did not have an FFL and only bought and sold a few handguns from his collection and other gun-related stuff.   Mr. Copeland admits he knew this gun show was under close scrutiny.

On Saturday three young Hispanic men came by Mr. Copeland's table and asked about a handgun.  One wanted to make a purchase and Mr. Copeland asked him if he had identification.  The intended purchaser did not, although one in the group produced a Texas driver's license.  The three moved on.

Three times the three young man came by the table and on the third pass, the young man with the driver's license, produced the cash, and bought the handgun.   Evidently the gun was passed off, almost immediately, inside or outside the building, to another of the three.  This man, not only had no identification, he was an illegal alien.    

The three were arrested and officers came to Mr. Copeland's table and confiscated his firearm.  I received a text message and then a cell phone call from a TSRA member standing at the table as it happened.

Mr. Copeland was not "taken away", only the firearms on his table for sale.   When we talked with him on the phone and asked him why he broke the "rules" of the show, he said, "By golly, it's my constitutional right."

Since January we heard from Mr. Copeland once, complaining he couldn't get BATF to release his merchandise.

Last week we heard from him again.   C.B. Copeland will be sentenced next week likely to a term in a federal prison.  He tells us it wasn't because he was selling without an FFL, that wasn't mentioned during the trial.  He says he was convicted by a "jury of his peers", his words, for knowingly participating in a straw-purchase; that is, knowingly selling to a person not illegible under state and federal law to purchase or possess a firearm.  

Mr. Copeland had legal counsel and did not complain about the quality of his representation.  He was shocked the jury didn't believe that he sold the gun to the person with the driver's license and didn't know the gun would be handed off to the illegal.

He expects to appeal his conviction.

As for the Austin gun show, Darwin Boedeker lost the use of the Sam's Club building he was renting but before the next scheduled gun show had found and rented an old Target building and never missed a show.  The gun show went back to "business as usual" with no special requirements on sellers.
Link Posted: 9/7/2010 6:02:52 PM EDT
[#46]
“had reasonable cause to believe” he was selling to an illegal alien because the two men and a boy who were present at his table at the time of the sale: 1) were Hispanic, 2) spoke Spanish, and 3) wore cowboy clothing.

Really?

Aloha, Mark
Link Posted: 9/10/2010 12:01:35 PM EDT
[#47]
Link Posted: 9/10/2010 2:25:50 PM EDT
[#48]
Quoted:
The part in bold is a classic straw-purchase setup.

https://www.tsra.com/index.php?option=com_content&view=article&id=256:casualty-of-the-austin-gun-show-chaos&catid=55:tripp-talk&Itemid=113

Casualty of the Austin Gun Show Chaos

Written by Alice Tripp Saturday, 24 July 2010 14:50

Last January 2010 the internet went viral with rumors centered around a gun show held in Austin, Texas.   TSRA was on top of the situation within two hours and reported to members that the gun show promoter, Darwin Boedeker, had met with BATF agents, Austin PD from the nuisance unit, and building owners and had agreed to not allow private sales at this gun show.

TSRA was forwarded the email notice Mr. Boedeker put out to his vendors after that meeting.  Charles Cotton, TSRA's executive director and I spoke with Mr. Boedeker on speaker phone.   The call was on Friday before the Saturday/Sunday gun show.  There would be no private sales without a background check as per Mr. Boekeker's agreement.  

On Saturday Gun Show attendees were met at the door with a handbill giving the same information, anyone without an FFL wanting to sell or trade a firearm must do so through an FFL.  Vendors and attendees were angry, as you can imagine.

C.B. Copeland usually had a table at this show, he did not have an FFL and only bought and sold a few handguns from his collection and other gun-related stuff.   Mr. Copeland admits he knew this gun show was under close scrutiny.

On Saturday three young Hispanic men came by Mr. Copeland's table and asked about a handgun.  One wanted to make a purchase and Mr. Copeland asked him if he had identification.  The intended purchaser did not, although one in the group produced a Texas driver's license.  The three moved on.

Three times the three young man came by the table and on the third pass, the young man with the driver's license, produced the cash, and bought the handgun.   Evidently the gun was passed off, almost immediately, inside or outside the building, to another of the three.  This man, not only had no identification, he was an illegal alien.    

The three were arrested and officers came to Mr. Copeland's table and confiscated his firearm.  I received a text message and then a cell phone call from a TSRA member standing at the table as it happened.

Mr. Copeland was not "taken away", only the firearms on his table for sale.   When we talked with him on the phone and asked him why he broke the "rules" of the show, he said, "By golly, it's my constitutional right."

Since January we heard from Mr. Copeland once, complaining he couldn't get BATF to release his merchandise.

Last week we heard from him again.   C.B. Copeland will be sentenced next week likely to a term in a federal prison.  He tells us it wasn't because he was selling without an FFL, that wasn't mentioned during the trial.  He says he was convicted by a "jury of his peers", his words, for knowingly participating in a straw-purchase; that is, knowingly selling to a person not illegible under state and federal law to purchase or possess a firearm.  

Mr. Copeland had legal counsel and did not complain about the quality of his representation.  He was shocked the jury didn't believe that he sold the gun to the person with the driver's license and didn't know the gun would be handed off to the illegal.

He expects to appeal his conviction.

As for the Austin gun show, Darwin Boedeker lost the use of the Sam's Club building he was renting but before the next scheduled gun show had found and rented an old Target building and never missed a show.  The gun show went back to "business as usual" with no special requirements on sellers.


How can it be a straw purchase if the seller isn't an FFL?
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