Mark Kelly’s ‘Assault Weapon’ Purchase Rescinded By Dealer

by Rick Olson

“A truth that’s told with bad intent beats all the lies you can invent.”  — William Blake

So Easy to purchase an AR-15? Not for this Astronaut

So Easy to purchase an AR-15? Not for this Astronaut

Fox News Reported today that Diamondback Police Supply determined that it was in the  company’s best interest to terminate this transaction prior to Kelly’s returning to the store to take possession of the rifle.

Fox News says, Store Owner Doug MacKinlay said in a facebook post, “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 for his personal use,”

MacKinlay added that the store will return Kelly’s money, donate the rifle to the Arizona Tactical Officers Association to be raffled as a fundraiser and make an additional contribution of $1,295 — the value of the rifle — to the Eddie Eagle GunSafe Program.

Hardee-harr Harr.  There is that ever-so-ubiquitous sign found in gun shops all across the nation: “We reserve the right to refuse to sell firearms to anybody..” After all…they aren’t just for astronauts anymore.  Stand by for the push back…How dare you not sell a scary black gun to an anti-gun astronaut?  Well, Mark Kelly should look at this glass as ” half full:” Gun control does work…in his particular case, anyway. So, what was that Mark Kelly was saying? “It’s easy too easy to get one of these weapons of mass destruction”…Just not for him, apparently.

I have purchased many guns over the years. I also understood that, at any time the dealer I am dealing with, reserves the right not to transact with me.  This is why it is good to personally know the folks you deal with…most dealers do. Obviously, Mark Kelly couldn’t wait to run right out to the microphone and report how easy it was to purchase a semi-automatic rifle   (Assault weapon). That kind of backfired….Tomfoolery…If you want to join the gun community, Mark, we will suffer no Tom-foolery.

Leave a Comment

  • allen

    so, I’m assuming no one is going to prosecute mr.kelly for an an attempted straw purchase? I thought the white house was serious about prosecuting these sorts of things. I DEMAND JUSTICE!!!!!!!!!

    • There are no straw purchase elements present here, referencing ATF 5300-4 (2005) That is where I first went with this. I researched the possibility of a straw purchase and referenced BATF’s bulletin (page 165, section 15-“Straw Purchases”).

      Mark Kelly made no false statements on his form 4473 when he stated “he” is the actual buyer of the firearm…ATF gives this example in Bulletin 5300-4:

      “Where a person purchases a firearm with the intent of making a gift of the firearm to another person, the person making the purchase is indeed the true purchaser. There is no straw purchaser in these instances. In the above example, if Mr. Jones had bought a firearm with his own money to give to Mr. Smith as a birthday present, Mr. Jones could lawfully have completed Form 4473.”

      The LARGER POINT…is the dealer who stated, “(Mark Kelly’s) 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 for his personal use,” An interesting facet to being a licensed dealer is that, to some degree, the transaction has to fall within the comfort level of the individual dealer. Dealers rarely utilize this and when they do, the customer is obviously acting “flaky”.

      • allen

        ah yes but this wasn’t a “gift” purchase. he intended to turn it over to a 3rd party, who he didn’t personally know (a police officer somewhere, we don’t know where he intended to turn it in).

        a gift indicates that you already know the person you are giving the firearm to.

  • Tim from Nashua

    Who is Tom Foolery, and why is the gun culture persecuting him?—–Possible NYT Headline 🙂

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