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proud2BlibKansan

(96,793 posts)
Tue Mar 26, 2013, 07:37 AM Mar 2013

Tucson gun store owner cancels Mark Kelly's AR-15 buy

TUCSON, Ariz. — The owner of a Tucson gun store where former U.S. Rep. Gabrielle Giffords' husband purchased a semi-automatic rifle has canceled the transaction.

Doug MacKinlay said Monday that a full refund was sent to Mark Kelly via express mail because the former astronaut didn't plan to keep the AR-15-style rifle for his personal use.

Kelly bought the gun March 5 at Diamondback Police Supply, saying he wanted to show how easy it is to buy an assault weapon. He planned to turn it in to Tucson police.

MacKinlay said he terminated the transaction Thursday before Kelly could take possession of the firearm.

Giffords was among 13 people wounded in a January 2011 shooting outside a Tucson supermarket that left six others dead.


Read more here: http://www.kansascity.com/2013/03/25/4143760/tucson-gun-store-owner-cancels.html#storylink=cpy

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Tucson gun store owner cancels Mark Kelly's AR-15 buy (Original Post) proud2BlibKansan Mar 2013 OP
Thank you Mr. MacKinlay for keeping this in the news trumad Mar 2013 #1
You got it madokie Mar 2013 #2
& It's getting publicity two states away Kolesar Mar 2013 #5
I agree madokie Mar 2013 #13
Bingo. proud2BlibKansan Mar 2013 #15
I'm surprised the shop owner even knows how. Pholus Mar 2013 #3
MacKinlay isn't very bright TheCowsCameHome Mar 2013 #4
Another dimbulb shoots himself in the foot. Ikonoklast Mar 2013 #6
Prevented straw purchase Duckhunter935 Mar 2013 #7
Nothing to do with the law, shop owner's making a political point. Robb Mar 2013 #8
Worried about straw purchasers? Conium Mar 2013 #11
Great info Omaha Steve Mar 2013 #16
Bloomie should have and still could be prosecuted for his role in straw purchases nt ProgressiveProfessor Mar 2013 #17
Very interesting. Paul E Ester Mar 2013 #34
how is this a straw purchase? booley Mar 2013 #30
I'm betting dollars to yen that's the first "straw purchase" he ever blocked... Blue_Tires Mar 2013 #36
No, he did not. Rex Mar 2013 #38
Shop owner claims it would be a straw purchase RedstDem Mar 2013 #9
Buying it with the purpose of transferring it is precisely a straw purchase Recursion Mar 2013 #18
Buying a firearm as a gift is not a straw purchase kudzu22 Mar 2013 #23
Interesting, thanks Recursion Mar 2013 #25
Per my understanding of straw purchases, it is not kudzu22 Mar 2013 #21
I wonder what would have happened if Mark Kelly said he was raffling it sadbear Mar 2013 #10
None of his business as to Gifford's intentions with the weapon. bluedigger Mar 2013 #12
Intent is relevent Crepuscular Mar 2013 #14
It's certainly fine that the seller nixed the sale. AtheistCrusader Mar 2013 #22
I'm missing what Kelly demonstrated with this? Recursion Mar 2013 #19
That's why I don't buy his story, either kudzu22 Mar 2013 #24
None of this story makes any sense at all. AtheistCrusader Mar 2013 #20
Given that it was an AR, the waiting period was probably a back-order Recursion Mar 2013 #26
I thought it was initially reported as one on the shelf. AtheistCrusader Mar 2013 #28
Tucson has a twenty day waiting period for a resale. Ptah Mar 2013 #32
Ok, so it was a used one. Thanks. AtheistCrusader Mar 2013 #33
Doesn't that kind of go against the anti gun control rhetoric? booley Mar 2013 #27
+1 000 000 000. That's because laws only apply to liberals. kestrel91316 Mar 2013 #40
Gotta Love Our Gun Enthusiasts' Finally Supporting Background Checks..... Paladin Mar 2013 #29
I think 'both sides' are using this story in wierd, reactionary directions that don't make sense. AtheistCrusader Mar 2013 #31
imagine if sweetapogee Mar 2013 #37
Already is. AtheistCrusader Mar 2013 #39
I'm guessing the The Sig Sauer tactical rifle, that Mark Kelly tried to buy Paul E Ester Mar 2013 #35

madokie

(51,076 posts)
2. You got it
Tue Mar 26, 2013, 07:50 AM
Mar 2013

Some people are too stupid to live and this mackinlay seems to be one of them.
I'm not advocating harming anyone in case someone is ready to alert on me for what I wrote.

Kolesar

(31,182 posts)
5. & It's getting publicity two states away
Tue Mar 26, 2013, 08:07 AM
Mar 2013

I am sure that some of Mackinlay's customers are making sham transactions for racketeers. Consider the location

madokie

(51,076 posts)
13. I agree
Tue Mar 26, 2013, 09:01 AM
Mar 2013

I think that most people who have guns are good honest people but like they say it only takes one bad apple to ruin the whole barrel.

Ikonoklast

(23,973 posts)
6. Another dimbulb shoots himself in the foot.
Tue Mar 26, 2013, 08:22 AM
Mar 2013

Free publicity, all courtesy of a dumbass.

Didn't think of the consequences of his actions, quelle surpise!

Conium

(119 posts)
11. Worried about straw purchasers?
Tue Mar 26, 2013, 08:56 AM
Mar 2013

Demand that U.S. Rep. Markwayne Mullin (R - Oklahoma) be prosecuted for buying a firearm for a convicted felon.

[link:http://axiomamuse.wordpress.com/tag/straw-purchase/|

booley

(3,855 posts)
30. how is this a straw purchase?
Tue Mar 26, 2013, 10:56 AM
Mar 2013

Who was he going to give the gun too after he bought it?

Just buying a fire arm to make a political point doesnt' count as a straw purchase. I think the buyer has to actually give the gun to someone who otherwise could not have obtained the fire arm.

Maybe I missed it. Where did Kelly say or suggest that he was going to give this gun to someone who shouldn't have it?

Blue_Tires

(55,445 posts)
36. I'm betting dollars to yen that's the first "straw purchase" he ever blocked...
Tue Mar 26, 2013, 11:50 AM
Mar 2013

What made him grow a conscience all of a sudden??

 

Rex

(65,616 posts)
38. No, he did not.
Tue Mar 26, 2013, 12:07 PM
Mar 2013

Giving the weapon to the police is not the same as giving it to another citizen you bought it for. Not unless the PD decides to put it in their armory and use it.

 

RedstDem

(1,239 posts)
9. Shop owner claims it would be a straw purchase
Tue Mar 26, 2013, 08:51 AM
Mar 2013

but, Mark Kelly said it would be donated or whatever to the Tucson police. that's not a straw purchase is it?
wouldn't that be buying for another individual?

seems suspect.

Recursion

(56,582 posts)
18. Buying it with the purpose of transferring it is precisely a straw purchase
Tue Mar 26, 2013, 10:13 AM
Mar 2013

The only people who can legally buy a gun with the purpose of transferring it to someone else is a licensed firearms dealer.

Recursion

(56,582 posts)
25. Interesting, thanks
Tue Mar 26, 2013, 10:44 AM
Mar 2013

I had thought that was one of those "illegal but we don't really care" things.

kudzu22

(1,273 posts)
21. Per my understanding of straw purchases, it is not
Tue Mar 26, 2013, 10:24 AM
Mar 2013

a straw purchase unless he purposefully bought the weapon on behalf of another person, at the other person's direction and using their money (or being reimbursed). This incident doesn't appear to be a straw purchase, so the store owner's story doesn't hold water.

But then I don't really believe Kelly's story that he intended to turn it in to police, either.

sadbear

(4,340 posts)
10. I wonder what would have happened if Mark Kelly said he was raffling it
Tue Mar 26, 2013, 08:55 AM
Mar 2013

for a local republican politician.

bluedigger

(17,085 posts)
12. None of his business as to Gifford's intentions with the weapon.
Tue Mar 26, 2013, 09:01 AM
Mar 2013

Unless he has knowledge of criminal intent, he is interfering with Mr. Gifford's 2A Rights.

Crepuscular

(1,057 posts)
14. Intent is relevent
Tue Mar 26, 2013, 09:21 AM
Mar 2013

For an FFL license holder, the intent of the purchaser is certainly relevant to allowing the transaction to occur. If it was the purchasers intent to put his name on the form and then give the weapon to someone else, that could easily meet the standard for a straw purchase. Not saying that Kelly's intent met that standard, although he publicly stated that he was not going to keep the weapon, but clearly intent is a relative factor that FFL holders are supposed to consider when transferring a weapon. If

AtheistCrusader

(33,982 posts)
22. It's certainly fine that the seller nixed the sale.
Tue Mar 26, 2013, 10:26 AM
Mar 2013

If they smell any irregularity, it's their right, and really their responsibility. His story didn't add up. So, that's fine.

However, in all probability the sale was probably denied because the store owner views Kelly as a political foe.
This was not a straw purchase. You can buy a gun and gift it to anyone without it being a straw purchase. You would have to know the recipient is ineligible, and you would have to be buying it ON THAT PERSON's BEHALF. meaning, they give you the money, you buy the gun, give them the gun.

Buying it and turning it in to a smelter, or the police, or another person as a gift isn't a straw purchase. Pretty sure the BATFE has issued statements to this effect as well.

Recursion

(56,582 posts)
19. I'm missing what Kelly demonstrated with this?
Tue Mar 26, 2013, 10:14 AM
Mar 2013

That a person without a criminal record can buy a legal firearm? This is news?

kudzu22

(1,273 posts)
24. That's why I don't buy his story, either
Tue Mar 26, 2013, 10:33 AM
Mar 2013

Is it really necessary to "demonstrate" how easy it is to buy a legal product legally? Can he show us how easily he can buy 5 gallons of gasoline and a book of matches, too?

AtheistCrusader

(33,982 posts)
20. None of this story makes any sense at all.
Tue Mar 26, 2013, 10:23 AM
Mar 2013

He ALREADY did the assault weapon thing when he bought the Glock and walked out of the store. That pistol is an assault weapon, so-defined. The rifle was just another thing, same classification of weapon. He already proved his point buying the same gun that was used to grievously wound his wife, and kill 6 other people at the Safeway.

Everyone knows this background check is all you need, plenty of media sources have already done it and already reported on it. So nothing to be gained here.

Handing it over to AZ police is a stupid assed thing to do because they are required to RESELL IT by state law. It wasn't used in a crime. It goes back on the market. They do not destroy it.

I don't believe a fucking word of it. I think he bought that rifle for himself, to keep. That said, it was his right to do so, and his privacy was violated when someone, possibly the store owner or an employee, took his picture and disseminated it to the internet. He has a reasonable expectation of privacy and that was violated.

I also wonder what the deal was with the waiting period. Did he just not want to take possession right away? Does AZ have some waiting period that other states don't have? WTF was that all about? I can walk into a store here in WA, put money on the counter, sign on the line, wait 15 minutes for the phone call, and walk out of the store with it. Why didn't he take it right away in AZ?

It doesn't help his credibility as a gun control advocate that his story makes ZERO logical sense, but he's not being treated fairly in the press either so... Fuck. Idunno. I wouldn't want to be in his shoes, I know that.

Recursion

(56,582 posts)
26. Given that it was an AR, the waiting period was probably a back-order
Tue Mar 26, 2013, 10:49 AM
Mar 2013

That would be my guess, at least.

AtheistCrusader

(33,982 posts)
28. I thought it was initially reported as one on the shelf.
Tue Mar 26, 2013, 10:55 AM
Mar 2013

I guess I assumed it was used or directly for sale. I've never seen a gun store with a 'floor model' demonstration that wasn't directly for sale, but I suppose it's possible.

That would explain that part, why he didn't walk out of the store with it on day one.

Ptah

(33,019 posts)
32. Tucson has a twenty day waiting period for a resale.
Tue Mar 26, 2013, 11:04 AM
Mar 2013

To give the police time to determine it wasn't used in a crime.

AtheistCrusader

(33,982 posts)
33. Ok, so it was a used one. Thanks.
Tue Mar 26, 2013, 11:08 AM
Mar 2013

Hard to tell the story changes so much from one news source to the next.

booley

(3,855 posts)
27. Doesn't that kind of go against the anti gun control rhetoric?
Tue Mar 26, 2013, 10:52 AM
Mar 2013
Doug MacKinlay said Monday that a full refund was sent to Mark Kelly via express mail because the former astronaut didn't plan to keep the AR-15-style rifle for his personal use.


Repeatidly I have heard that such guns should be freely available because it's a right and therefore one doesn't need a justification to own it.

Except apparently the gun store owner just said one does need to justify owning it.

Yet somehow I don't see many anti gun law people expressing much outrage at the store owner.

Paladin

(28,243 posts)
29. Gotta Love Our Gun Enthusiasts' Finally Supporting Background Checks.....
Tue Mar 26, 2013, 10:56 AM
Mar 2013

...when Mark Kelly is involved. You people are ready to defend to the death the free-and-easy firearm acquisitions of all manner of assorted loonies, but for a gun control activist? Oops, gotta be vigilant. It would be laughable, if it weren't so sad.....

AtheistCrusader

(33,982 posts)
31. I think 'both sides' are using this story in wierd, reactionary directions that don't make sense.
Tue Mar 26, 2013, 11:03 AM
Mar 2013

The denial is clearly political/personal, I agree there. But the purported use/purpose of the buy doesn't make any sense either...

Dunno. It's a big emotional mess that a bunch of people are over-invested in. It's not helping the national discussion on gun control in either direction.

sweetapogee

(1,168 posts)
37. imagine if
Tue Mar 26, 2013, 12:01 PM
Mar 2013

he let the sale go through and had a bunch of customers snapping pictures of Mr. Kelly taking delivery, it would have been a gun control pr nightmare.

AtheistCrusader

(33,982 posts)
39. Already is.
Tue Mar 26, 2013, 12:29 PM
Mar 2013

And that's a problem because Kelly is entitled to his privacy as a private citizen.

You know, that whole security through obscurity thing that the anti-Registration freaks drone on and on about?
(I'm a gun owner, including a rifle like what he just tried to buy, and I would be perfectly fine registering them)

 

Paul E Ester

(952 posts)
35. I'm guessing the The Sig Sauer tactical rifle, that Mark Kelly tried to buy
Tue Mar 26, 2013, 11:42 AM
Mar 2013

Is a bit of a collectable. I'm guessing it is worth 3 or 4 times it's actual retail value. Maybe more.

Peace

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