Interested if others feel this is as f*ucked up as it reads.  
Did this guy get set up and knocked down by the ATF to accomplish their agenda, or is it stupid games = stupid prizes?
How is it the illegal who committed a crime by purchasing the handgun allowed to keep it AND remain in the country?
FFL guys chime in at will.


In a trial before Federal Judge Sam Sparks, government lawyers conceded Texas resident Paul Copeland did not know his buyer was an illegal alien, but the jury they should convict him anyway because he “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. And the jury did as asked. Assistant U.S. Attorney Jennifer Freel acted as lead prosecutor in the case.
The firearm transaction at issue occurred on January 16, 2010, at a gunshow at the North Austin Events Center, at 10601 N. Lamar Blvd., in Austin, Texas. Undercover ATF agents followed Mr. Huerta, his son, and another Hispanic male, Hipolito Aviles, around the “Texas Gunshow” that day, and claimed to observe Huerta’s transaction. Austin P.D. used Copeland’s case as the reason to close down the gunshow, leading to a protest by Austin residents in front of APD headquarters on January 25.
Mr. Copeland is a 56 year old Cedar Creek resident and Vietnam veteran who liked to buy, sell, and trade firearms as a hobby. On January 16, however, he had the misfortune to sell a handgun to Leonel Huerta Sr., who spoke both English and Spanish. Huerta Sr. negotiated his purchase from Copeland in English, showing Copeland his Texas Driver’s License. At Copeland’s trial Huerta admitted on the witness stand, that he is in the country illegally, (Huerta Sr. had previously admitted this fact to Immigration & Customs Enforcement (ICE) Special Agent Leo Buentello). ATF Agent Shawn Kang claimed he saw Huerta later hand off the gun to Aviles. Despite these admissions, Huerta Sr. was never arrested, charged, or deported. Instead, his presence at the gunshow was used to entrap an American citizen into an unwitting violation of a federal gun control law. Huerta Sr., who is a resident of the City of Austin, appeared as a witness at the trial, admitted he was in the country illegally before federal prosecutors and a federal judge, yet he was allowed to leave the courtroom under his own power. To date Huerta Sr. has not been prosecuted for his purchase, possession, or disposition of the handgun he bought from Copeland, while Copeland is now a convicted felon.
“Instead of busting the illegal alien for buying, they bust the citizen for selling,” commented Paul Velte, attorney and founder of Peaceable Texans for Firearms Rights, a gun-owners rights advocacy group from Austin. Velte asked, “who was in a better position to know the buyer’s immigration status, the buyer or the seller?” He also said, “What happened to Paul Copeland should enrage all Americans. The Federal Government is using illegal aliens to entrap citizens lawfully exercising their right to sell firearms. The illegal alien walks free, but the citizen gets convicted. The same government charged with controlling immigration is the one using illegal immigrants to attack its own citizens. Does this make any sense? It makes no sense unless the purpose is to discourage attendance at gunshows and frighten citizens from selling their firearms to other citizens.”
Velte pointed out that “There is no way for a citizen to know who is here legally or not. In fact, under Austin’s ‘sanctuary city’ policy, not even the police officer at the door of the gunshow was allowed to ask a person’s immigration status, yet the average Texan inside the show is expected to assume that a person standing before them with a Texas driver’s license is in the country illegally just because they look Mexican and speak Spanish.”
Velte noted that the federal government’s lawsuit against Arizona was based on that very type of conduct: Concluding someone could be here illegally based on their looks or their language. Velte said gun owners in his group are outraged, and they want to know:
• Why is the illegal alien who purchased the gun, Leonel Huerta Sr., still living in Austin?
• Why does he still have a Texas Driver’s license?
• Why is ATF using illegal aliens to set up and convict American citizens?
• What has he been promised for his cooperation?
• Why has he not been prosecuted? He committed three distinct crimes: he purchased a firearm knowing he was an illegal alien, he possessed the firearm, and he transferred the handgun to another illegal alien (Hippolito Aviles, who was convicted and given time served on June 30, 2010).
• Why has Huerta Sr. not been deported?
Contact: Paul Velte, 512-296-5563
Peaceable Texans for Firearms Rights
website: http://www.io.com/~velte/pt.htm

That is just all kinds of wtf.....

I'm speechless. Outraged isn't a strong enough word.

This is a whole dump truck full of BULLSHIT

Don't let hispanics into the fucking gun show then, WTF???

So the govt is saying racial profiling is okay in this case? But they accuse us of being racists?

ETA: sucks for the guy.  

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.

The Austin Police are scum of the highest order and have been since they brought in a California police chief  IIRC back in the early 90's. sorry for any of you good cops trapped there.

But Obama says that the States are NOT to do the Job of the Feds.

http://beforeitsnews.com/story/161/279/Feds_Convict_Texan_for_Selling_a_Gun_to_Illegal_Alien_With_Texas_Driver_s_License.html



Impeach Obama for the Good of the Country.

IBD_A

WTF. Hang 'em high and hang 'em at fawn. Oh wait. They will probably shuttle his ass back to mexico in a bus to pick up the rest of his family. I hate what is happening to this country.

gET READY FOR dEMOCRAT INSPIRED DOUCHBAGGERY foisted upon Leos and look for leos to comply rater than be a target like Sheriff Joe

Selling a gun to anyone "foreign-looking" is a felony now.  Got it.  

Sooo, the feds hate AZ's new law because it would profile hispanic Americans, but they are prosecuting this citizen because they are saying he should have racially profiled them?

btw the current police chief is from CHIPS as well

This is total fucking BS.



If they can get a real driver's license then they can get a CHL too if their alias and finger prints aren't in the FBI criminal database. I know lots of ppl that ask to see a CHL as proof that the buyer isn't a prohibited person.

Hell, FFLs are allowed to use a CHL as proof of passing the NICS check too.



This ruling is going to get alot of innocent people fucked who actually did due diligence on the buyer by asking for DPS issued identification.



If this horseshit stands, the only way to CYA is to refuse to do business with anyone who looks even slightly mexican regardless of whether they can produce a driver's license, birth certificate, green card, voter registration card, CHL, US passport, or whatever.



And what does an illegal alien from Serbia, Russia, or Canada look like anyway? Probably like the John/Jane Doe majority of the US. This is indeed sounding like an ATF scheme to end all FTF private transactions.

I wouldn't sell a gun to that guy, he looks like an illegal.







 

I know this is backwards fucked up thinking right here. I'm just shocked at how high some in government can be so damn retarded.

Austin

If the govt wants to turn an innocent person into a felon then those responsible should not be surprised by the forthcoming reckoning when said person decides to go ahead and act like a felon. Ruin an innocent citizens life and you should expect to pay a price. Just sayin...........

Absolutely.  A Setup. Adgenda  -libtard flavor of the month.

So now the Feds are saying we ARE supposed to assume people are illegal? Self-serving assholes.

When I raced motorbikes folks said I looked "like a European Rider"  I'm thinkin Estonian.

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.

Yet if the police do it, it's racial profiling...





Bullshit verdict (jury probably had similar views 'looks like a Mexican, must be a Mexican, and you should treat him as one'), but you get those from juries every so often...




Don't know if he can win a 'the jury expects me to racially profile the guy I'm selling guns to'  appeal, but that's pretty much all he's got...



ETA: Further info seems to indicate the guy is not 'just some citizen who sold a gun to an illegal with a real (or fake but convincing) DL', but rather someone who's been operating as an unlicensed dealer promoting 'paperwork-free' gun sales at gun-shows (essentially, being the guy the antis claim all gun shows are full of)...




 

For the folks saying "Austin," remember that this was a federal charge, with a federal jury (and federal juries seem to swoon over federal agents and believe whatever they are told, by and large.)

Oh the hypocrisy.  






What I thought as well...just another "example" they can use trying to close the "gun show loophole."






 

This WAS the Feds...



 

 

i understand that. I am reffering to a different police cheif hired in the 90's who was also from CA.. IIRC.. I am from Austin originally.

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.

Travesty.

Something is wrong with his eyes...

I agree with all of your points.
if a cop writing you a speeding ticket can't verify your citzenship legally, i don't see how a private citzen can be required to do so.
ATF/ austin PD was just looking to shut down a gunshow.
No doubt Eric holder will be along to protect the seller's rights...

I can't believe what our country is becoming.

Wonder how much crap I will get when on my next add on Texasguntrader says "will not sell to people that appear mexican"  This is all sorts of screwed up.

Whiskey Tango Foxtrot, over



So it's racist for the state of AZ to assume someone is illegal  and require LEOs to check their status because they, look mexican and speak spanish, but for Joe Citizen trying to do a legal transaction it's required to act like a racist?



Why aren't the douche bags from CA raising hell over this?

If that is their aim, they are making a poor effort. They can't make up their own  laws.

I don't see how this could stand up against even a half-assed legal challenge.

Lord, I hope so!
This is a seriously F-ed up situation.

The lawyers are not going to be cheap for Copeland, but he really hasn't much choice. He can always sue for legal costs.

He has to win in appeal. This is total bullshit.

WTF?

I was reffering to Stan Knee cheif from 97 to 2006 who was also from California

this

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.



 

I hope so

Who has the money for all that?