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Arizona Gun Pruchase Question
grumpygy
Member Posts: 48,464 ✭✭✭
quote:An Arizona gun store owner says he will not sell Mark Kelly the AR-15 rifle that the vocal advocate for tighter gun control bought earlier this month.
The manager of the Tucson, Ariz., store where Kelly, husband of former U.S. Rep. Gabrielle Giffords, bought the firearm has said that he will not complete the March 5 transaction, according to a statement posted on Facebook.
"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 [sic] for his personal use," Douglas MacKinlay, owner of Diamondback Police Supply, said in the post.
The store was required to hold the rifle purchased by Kelly for 20 days, MacKinlay told the Associated Press after Kelly purchased the firearm.
"He is a U.S. citizen, an Arizona citizen expressing his Second Amendment rights to purchase and own a firearm," MacKinlay told the AP at the time.
The gun store owner said in his statement posted on Monday that he had reconsidered the sale. MacKinlay did not immediately respond to a request for comment on Tuesday morning.
"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 Form 4473 and NICS [National Instant Criminal Background Check System] background check required of Mr. Kelly before he could take possession of this firearm," MacKinlay said in the statement.
The store sent Kelly a refund last Thursday, according to the statement. Kelly, an astronaut, has promoted tighter gun control since his wife, Giffords, was shot in the head at point-blank range by Jared Loughner in 2011.
The couple launched a new national campaign in January to combat gun violence. Americans for Responsible Solutions was launched "to encourage elected officials to stand up for solutions to prevent gun violence and protect responsible gun ownership."
Kelly, who is a gun owner, has said his purchase was meant to demonstrate how easy it is to buy a semi-automatic rifle.
Thought Arizon had a No wait period. Everything I read says so
The manager of the Tucson, Ariz., store where Kelly, husband of former U.S. Rep. Gabrielle Giffords, bought the firearm has said that he will not complete the March 5 transaction, according to a statement posted on Facebook.
"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 [sic] for his personal use," Douglas MacKinlay, owner of Diamondback Police Supply, said in the post.
The store was required to hold the rifle purchased by Kelly for 20 days, MacKinlay told the Associated Press after Kelly purchased the firearm.
"He is a U.S. citizen, an Arizona citizen expressing his Second Amendment rights to purchase and own a firearm," MacKinlay told the AP at the time.
The gun store owner said in his statement posted on Monday that he had reconsidered the sale. MacKinlay did not immediately respond to a request for comment on Tuesday morning.
"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 Form 4473 and NICS [National Instant Criminal Background Check System] background check required of Mr. Kelly before he could take possession of this firearm," MacKinlay said in the statement.
The store sent Kelly a refund last Thursday, according to the statement. Kelly, an astronaut, has promoted tighter gun control since his wife, Giffords, was shot in the head at point-blank range by Jared Loughner in 2011.
The couple launched a new national campaign in January to combat gun violence. Americans for Responsible Solutions was launched "to encourage elected officials to stand up for solutions to prevent gun violence and protect responsible gun ownership."
Kelly, who is a gun owner, has said his purchase was meant to demonstrate how easy it is to buy a semi-automatic rifle.
Thought Arizon had a No wait period. Everything I read says so
Comments
Either way, Idk why Giffords didn't pick up the gun that day.
You don't have any waiting period to buy anything in stock here, pay your money, pass the check,[ccw license holders can skip that], and walk out with the gun. I don't know what the deal was with that transaction. The seller said that Gifford's statements made it clear that he wasn't buying it for personal use, so maybe he marked the wrong box on the form and the seller felt like he was being set up?
Either way, Idk why Giffords didn't pick up the gun that day.
from what I read on another site, the ar was bought from a customer and by law they have to hold said weapon for 20 days to make sure it was not used in some type of crime [B)]
Local law stated there is a 20 day waiting period while local leo checks to see if the gun was stolen or used in a crime .
Apparently only applies to used guns .
Was a used gun .
Local law stated there is a 20 day waiting period while local leo checks to see if the gun was stolen or used in a crime .
Apparently only applies to used guns .
Right! and then he would have to fill out a 4473 for that gun. Since he already stated it was not for his personal use, the store owner saved him the embarrassment of either perjuring himself or being refused purchase.
quote:Originally posted by trapguy2007
Was a used gun .
Local law stated there is a 20 day waiting period while local leo checks to see if the gun was stolen or used in a crime .
Apparently only applies to used guns .
Right! and then he would have to fill out a 4473 for that gun. Since he already stated it was not for his personal use, the store owner saved him the embarrassment of either perjuring himself or being refused purchase.
Nothing illegal about buying a gun and making a gift of it to someone. That is not a Straw Buy.
Buying a gun for someone else who is really paying for and going to receive it is a Straw Purchase no matter if they are prohibited persons or not.
Kelly's failure here is one of hypocrisy and bad public relations. He saw a gun he wanted, he bought it, then was embarrassed by the bad press. His effort to patch it over has backfired.
Was a used gun .
Local law stated there is a 20 day waiting period while local leo checks to see if the gun was stolen or used in a crime .
Apparently only applies to used guns .
Been looking for the law but have not found it. Such laws often pertain to any used property that is commonly stolen and resold. Laws like that are written for pawn shops especially. This is likely what the gun store owner is dealing with, not a gun specific law.
Arizona has no waiting period specific to guns. More than this the State has a preemption law prohibiting local governments from regulating firearms. The Tucson City Council has tried several times to get around it but has lost in court. Their efforts continue.
quote:Originally posted by trapguy2007
Was a used gun .
Local law stated there is a 20 day waiting period while local leo checks to see if the gun was stolen or used in a crime .
Apparently only applies to used guns .
Right! and then he would have to fill out a 4473 for that gun. Since he already stated it was not for his personal use, the store owner saved him the embarrassment of either perjuring himself or being refused purchase.
I may be wrong ,but I was under the impression that he did not make the claim that it was to be given to the leo's until after he got outed ?
In most municipalities, a Secondhand Dealer license must be obtained in addition to FFLs, Business Licenses, etc...etc....
One of these licenses typically, depending on the city, cost less than 150 bucks per year.
It works like a pawn shop's rules, except that the gun buyer doesn't have to LOAN money for the firearm. The Dealer STILL has to fill out what looks just like a Pawn Ticket for purchasing the item from a walk in customer. 10 CALENDER days must expire before the item can be put out in the display case for sale. Sometimes dealers will put the item out there with a "Hold until xx/xx date". This, while being technically against the Law is pretty much ignored.
The "Pawn ticket that isn't a pawn ticket" is forwarded to the local Pawn Detail at the local PD, once the dealer has obtained the sellers ID, and taken an index fingerprint....the next day the 10 days countdown begins.
I never even KNEW about this Law, until a now-disgraced and deposed wannabe lawyer here in AZ brought it up publicly as an attempt to slur me and my business, by implying that I was a scofflaw and that "untoward" and "questionable" things were going on in my shop.
After all, I wasn't in the Pawn business, so why would this apply to me? Turns out it did, and as long as I remained in that municipality, I complied with their Law and understood why it existed...to cut down on the fencing of stolen firearms to unsuspecting gun dealers.
A few questions no one in the cities or the State wants to answer. Firstly, why does this Law apply to walk-in customers ONLY? If someone (non-FFL) ships me a gun Interstate, or Intrastate... I'm not required to fill out the Pawn ticket thing. If I'm set up at a gun show in another municipality...I'm not required to comply EITHER.
So, on balance, it's one of those stupid Laws which make politicians feel better, but does little to solve the problem of disposal of stolen firearms. Seldom enforced, and neither the ATF, nor the local constabulary seem too eager to even mention it.