Active shooters in San Bernardino, California

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Broomstick
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Re: Active shooters in San Bernardino, California

Post by Broomstick »

What is not stupid is that Mr. Marquez engaged in straw purchase of firearms for two people who may not (likely would not) have qualified to purchase guns under US law. That is a Federal crime, and for good reason.

Even if he had done nothing else wrong - and sitting here I have no way of knowing what else he may or may not have done - the fact he purchased guns for other people is, indeed, remarkably stupid*. That is one of the most common, if not the most common, way for criminals to obtain weapons. It is so fucking illegal it isn't funny. Doesn't matter if the end use was for terrorist attack or threatening people during a mugging or just waving the damn thing around to compensate for a small penis.

If Mr. Marquez is guilty of being a straw purchaser he is going to go to a Federal prison and personally I don't have a problem with that.

Yeah, I have issues with various things the Feds do in the name of the "War on Terror", and I think some parties are shitting their pants because the Farook party apparently didn't send up the sort of warning signs the authorities are looking for. In other words, yes, sometimes the bad guys slip through the net/fly under the radar/aren't seen coming. I have concerns regarding liberty vs. security.

I don't, however, have a problem locking up someone either stupid enough or whatever enough to provide guns to people who either can't or won't try to obtain them legally.






* It is possible to purchase a firearm as a gift for someone else, but I am not up on the details of how you legally distinguish such a thing from a straw purchase. Most people I know who have given firearms as a gift to someone else, typically a close relative, have taken the final recipient along to the purchase so it was an above-board matter. That was not the case with this crowd of criminals.
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Lonestar
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Re: Active shooters in San Bernardino, California

Post by Lonestar »

It is possible to purchase a firearm as a gift for someone else, but I am not up on the details of how you legally distinguish such a thing from a straw purchase. Most people I know who have given firearms as a gift to someone else, typically a close relative, have taken the final recipient along to the purchase so it was an above-board matter. That was not the case with this crowd of criminals.
In the state of California, all transfers of firearms(except possibly C&R ones between C&R license holders, alhtough that might have changed with the last round of gun laws there) have to have background checks, no exceptions. The buyer of the rifles in California was breaking state law at the very least(transfer without a background check), and possibly Federal law(straw purchase).

If, say, I bought a shotgun for my brother as a gift for his wedding, in the state of Virginia(and many/most other states) that is completely legal. If I bought it and he gave me money for it,then I transferred it it would be illegal. Similarly, if I had reason to believe that he was a prohibited person, that would be illegal.
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Beowulf
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Re: Active shooters in San Bernardino, California

Post by Beowulf »

Lonestar wrote:
It is possible to purchase a firearm as a gift for someone else, but I am not up on the details of how you legally distinguish such a thing from a straw purchase. Most people I know who have given firearms as a gift to someone else, typically a close relative, have taken the final recipient along to the purchase so it was an above-board matter. That was not the case with this crowd of criminals.
In the state of California, all transfers of firearms(except possibly C&R ones between C&R license holders, alhtough that might have changed with the last round of gun laws there) have to have background checks, no exceptions. The buyer of the rifles in California was breaking state law at the very least(transfer without a background check), and possibly Federal law(straw purchase).
One exception: I can gift my (grand)father a gun, or vice versa. Can't give my father-in-law a gun, can't give my brother a gun.
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