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Gun dealer gets 2 ½ years for selling weapons to felon

Chomsky said:
Thanks for the fill-in.

That's what had me a little confused when I saw the Asheville byline, because many northerners have the impression that Asheville is akin to a hippie enclave, southern style.

Not trying to denigrate the place, but the impression I had was it's a Blue Ridge San Francisco.

Never been there, but came close last year when I was going to drive down with my kid's sportscar to install a rollbar in Betania, just outside Winston-Salem. I was really looking forward to the drive, to be honest. Some great driving roads in Western SC.
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You're dead on about Asheville. Probably the most eclectic city east of the Mississippi, short of Key West. In fact, it's more like Key West in the mountains. I love the place. Not sure I could live there year round and not go nuts and have to grow some dreadlocks, but Yes Ma'am and I love the place and go there often for some chill out, laid back, be happy, time (a little over an hour drive from my house).
 
Dittohead not! said:
I thought the one brother was a legitimate licensed arms dealer. Not so?
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Yes, the one that was charged and is was convicted then sentenced to 2.5 years, was an FFL holder but is NOW also a felon. You gotta remember, these dip****s came from the same gene pool.
 
NonoBadDog said:
No it doesn't. Quit asking stupid questions and do some research.
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So, Henrin, or perhaps the SCOTUS (according to Henrin) was wrong.

Now, before you go off on rant calling my questions "stupid", better read the thread.

Now we're way off of the subject anyway. The gun dealer could have simply sent his felon brother to a private, unlicensed, seller to purchase his gun, and the only one committing a crime would have been the one who was already a felon.

Which illustrates something of a loophole in the law preventing felons from purchasing weapons, it seems to me, particularly since felons, by definition, tend to ignore the laws.
 
Beaudreaux said:
Yes, the one that was charged and is was convicted then sentenced to 2.5 years, was an FFL holder but is NOW also a felon. You gotta remember, these dip****s came from the same gene pool.
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Exactly. They aren't terribly smart. If they were, the one brother already a felon would have had his gun, and the brother who was an arms dealer would still be selling arms. As you said, it's the gene pool.
 
Chomsky said:
I believe this is, at least in part, what the President's recent executive action has done - it's constitutionality T.B.D.
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Missed that one. I so so glad we've got a easonable person as POTUS
 
Henrin said:
Anyone that supports banning someone from owning a gun because they committed a felony is an asshole. Why someone should lose their freedom for selling someone a gun is something I just don't understand. Tell me, is there any party whatsoever that is harmed in the process of the transaction?
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Society,

It's a public safety issue.
 
Dittohead not! said:
Pretty stupid. He should have sent his felon brother to buy from a private seller who wouldn't have to do a background check and so can sell legally to anyone.
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you cannot legally provide a firearm to someone you know or HAVE REASON TO KNOW is a prohibited person. The Dealer would have been busted even if he was not a dealer since he knew or should know his brother was a felon
 
Soho gator said:
Why don't they close that loophole and make ANY gun seller a licensed dealer who MUST perform a background check.

Weird...
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at one time it was easy to be a real dealer-but Clinton jacked up the license fees and the paperwork. The Democraps cannot make their mind up on this. and of course its ass backwards

Federal jurisdiction vests when you have a license that allows you to buy firearms across state lines
 
Soho gator said:
Society,

It's a public safety issue.
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How is society harmed when a man convicted of fraud thirty years ago buys a gun? Did his crime involve a gun? What has he ever done that would lead to anyone thinking he will commit a crime with a gun? I'm kind of curious how it is logical to assume society is in danger if he has a gun.

In any event, did the felon not pay his debt to society? Why should he not get his rights back in full?
 
Dittohead not! said:
I didn't know the Constitution made a differentiation between licensed gun dealers and casual sales. I must have missed it somehow.
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that started after FDR and his goons decided that the commerce clause "commerce among the states actually allows federal control over individual retailers and they had to pretend that jurisdiction was based on an individual affecting "interstate commerce"

this is a classic example of the idiocy we see when the constitution is screwed around with to "solve a problem" and it only creates additional problems
 
stonewall50 said:
There IS no loophole. Nowhere is it legally for a felon to buy a gun. PERIOD. Why don't they enforce the law on straw purchasers?
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In this case, the law was enforced

Gun dealer is sentenced to 2 and half years in prison for selling weapons to a felon.
 
TurtleDude said:
you cannot legally provide a firearm to someone you know or HAVE REASON TO KNOW is a prohibited person. The Dealer would have been busted even if he was not a dealer since he knew or should know his brother was a felon
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Correct.

But a stranger who had a gun to sell would not have reason to know that the felon was a felon, not unless he asked.

and he would have had not reason to ask.
 
DDD said:
Good news,

Now, the more gun dealers that sell guns to criminals are arrested the better. If we could add brain scans there so as to check impulsive murderous brains and stop them from purchasing legal guns too (and thus prevent them from killing and abusing the 2A right by offending rather than defending) then the USA would be way better off.
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not this science fiction fascism foolish idiocy again.
 
Dittohead not! said:
Hmmm.. so, a licensed gun dealer can sell to a felon without doing a background check as long as all of his business is within the same state. Is that correct?
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no, in fact you can only buy a handgun from someone who resides in your state-be it a dealer or a private citizen

I cannot buy a handgun in KY even though I worked 200 yards from Kentucky without engaging the services of an Ohio dealer

since a LICENSED DEALER engages in in INTERSTATE COMMERCE that is the nexus that permits the Federal government to make that DEALER conduct a check
 
Dittohead not! said:
Correct.

But a stranger who had a gun to sell would not have reason to know that the felon was a felon, not unless he asked.

and he would have had not reason to ask.
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well having witnessed hundreds of sales by private individuals-almost all ask that.
many ask to see a Drivers license and write it down

and many now ask to see a CCW or have someone vouch for the guy buying

no one I know wants to sell a gun and then have the ATF show up and say-The guy you sold a gun to just robbed a bank and has a record a mile long


very few criminals are buying guns from people they don't know
 
Soho gator said:
Why don't they close that loophole and make ANY gun seller a licensed dealer who MUST perform a background check.

Weird...
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so if i am a 70 year old man and i no longer hunt, and i wish to sell my bolt action rifle to a friend of mine, i need to go thru the process of being a dealer

pretty silly!

https://www.atf.gov/firearms/apply-license
 
TurtleDude said:
well having witnessed hundreds of sales by private individuals-almost all ask that.
many ask to see a Drivers license and write it down

and many now ask to see a CCW or have someone vouch for the guy buying

no one I know wants to sell a gun and then have the ATF show up and say-The guy you sold a gun to just robbed a bank and has a record a mile long


very few criminals are buying guns from people they don't know
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If the ATF did show up and make such a statement, why not just say, "Really? Gosh, I had no idea! He had such an honest face."
 
Oh with about 7% of 'gun' dealers being audited in any given year I don't see the dealers under too much stress. How many dealers are successfully sued for negligence? About 2 a decade. One company, Badger Arms racked up 130 FEDERAL VIOLATIONS before the 2009 shooting of two police officers, and stayed in business for 3 years after the shooting.

The Tiahrt Amendment wasn't a democrat push, it surely hinders the ATF from confronting the few dealers who conduct the bulk of illegal sales.

A Duncan OK dealer was shut down for several violations, the brothers were allowed to just quit business with no criminal action.

I'm not going to cry for any dealer caught, I'm amazed any are caught at all... :peace
 
Beaudreaux said:
You're dead on about Asheville. Probably the most eclectic city east of the Mississippi, short of Key West. In fact, it's more like Key West in the mountains. I love the place. Not sure I could live there year round and not go nuts and have to grow some dreadlocks, but Yes Ma'am and I love the place and go there often for some chill out, laid back, be happy, time (a little over an hour drive from my house).
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- OT -

You're lucky to live among the best driving roads in the country. I'm envious!

Here's what my boy and I race on weekends, and our bucket lists will not be complete 'till we cruise the Blue Ridge Mountains with it:

[our car's highly modified & SCCA track compliant, but otherwise similar to the car in this picture - we did all the work ourselves, except the rollbar; I never learned to weld]

99 AE 6ULs & Rolbar.jpg
 
Chomsky said:
- OT -

You're lucky to live among the best driving roads in the country. I'm envious!

Here's what my boy and I race on weekends, and our bucket lists will not be complete 'till we cruise the Blue Ridge Mountains with it:

[our car's highly modified & SCCA track compliant, but otherwise similar to the car in this picture - we did all the work ourselves, except the rollbar; I never learned to weld]

View attachment 67196734
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Last OT so I don't derail this thread:

You've got to drive this road if you get the chance:

 
Henrin said:
How is society harmed when a man convicted of fraud thirty years ago buys a gun? Did his crime involve a gun? What has he ever done that would lead to anyone thinking he will commit a crime with a gun? I'm kind of curious how it is logical to assume society is in danger if he has a gun.

In any event, did the felon not pay his debt to society? Why should he not get his rights back in full?
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I disagree with you often Henrin, but we're good here.

Only way a man should lose his Constitutional rights IMO, is by review and direct order of a qualified judge.
 
Dittohead not! said:
If the ATF did show up and make such a statement, why not just say, "Really? Gosh, I had no idea! He had such an honest face."
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well most mopes I know want to get a deal when they get busted. The biggest coke dealer in SWOhio used to say (I know we had wiretaps on him) if any of his people ratted him out, they'd get wasted. Well when he got busted, he ratted everyone else out including a friend of his fathers ( a lottery winner) who had claimed money this guy's girl friend had been busted with, was lottery winnings not drug money (the jury I tried the case to didn't agree and found the money was drug proceeds and gave it to the Feds)

so if Marky the Mope is busted with a K of coke and a pistol ninety nine times out of 100 Marky is going to tell the Po Po where he got the gun from and tell the Po Po that the provider knew he was a mope if that saves Marky some time
 
Soho gator said:
Why don't they close that loophole and make ANY gun seller a licensed dealer who MUST perform a background check.

Weird...
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Because piracy would take over those sales made illegal by the law. The profit margins would be higher. No taxes or red tape to worry about. No bad checks or returns cash and carry. This is the usual result of trying to take away things people want. Piracy 101. Any time you restrict trade someone else makes more money doing it illegally. The only way to stop such illegal trade is to lift restrictions. This is a sad fact proven over and over by history. The tougher the restrictions the more people end up being restricted. This intern lead to even more profits from piracy and increases the problem. Same as the war on drugs or prohibition. It is a losing game that only hurts the law abiding citizen. But most importantly is that anyone that is so dangerous that they must have their rights taken away should not be on the streets anyway. If you think making laws will stop these people from getting a gun or killing you are the one who needs metal help.
 
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