Right and if LEO is state or local, the Feds and AUSA will tell them to pound sand, since not even the ATF is going to take a case that they are guaranteed to lose.mrvmax wrote:It's not many states, it is actually only a few that require that and they are finding that it isn't the great help in solving crimes they thought it would be.TXPeaceOfficerDave wrote:Good lord, a whole motmot y'all own boats!!! Hahaha
In many states it is the law that any weapon sold must have had an "example casing" pulled before sale. Connecticut and others do this. Glock does this voluntarily and many others do as well.
The video from the bank will show it was not me or I prove I was at work, at home (I can pull my camera video for proof) or find a million other ways to prove I was not at the bank where the crime was committed. It's not that difficult and I will not need an attorney.TXPeaceOfficerDave wrote:So you sell your handshake gun to Joe Smoe and he immediately goes and robs a bank (federal and state offense). He then shoots the teller and drops the gun on the floor and walks out.
Yes but they have to prove that you knew he was a felon. If you had no way of knowing how are they going to prove that? Give us some case law (preferably from Texas) where someone was convicted. It's not that I think it has never happened, it's just that I want to read the details of where it has happened.TXPeaceOfficerDave wrote: You may not know this but even as a private person under federal law if you sell a firearm during a private transfer and that person is a convicted felon then YOU have committed an offense of that person makes up good enough story where 12 jurors and 2 alternates believe his line of crap well enough when he lies and says he told you he was crazy person or had prior convictions for felonies.
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Return to “I have an LTC but was Denied Purchase by FBI”
- Thu Aug 25, 2016 5:36 pm
- Forum: The "Waiting Room"
- Topic: I have an LTC but was Denied Purchase by FBI
- Replies: 133
- Views: 34944
Re: I have an LTC but was Denied Purchase by FBI
- Thu Aug 25, 2016 5:32 pm
- Forum: The "Waiting Room"
- Topic: I have an LTC but was Denied Purchase by FBI
- Replies: 133
- Views: 34944
Re: I have an LTC but was Denied Purchase by FBI
Yeah, you can't get a subpoena for a 4473 that a private individual doesn't have a copy of, you get it for the FFL. And the ATF will get trace it for you without a subpoena.twomillenium wrote:Not sure if this guy is a troll or not but he is on the ignore list.bblhd672 wrote:TXPeaceOfficerDave wrote: I the get subpoena for the 4474 and explain to your boss that I am coming to your car, place of business,
Wife's car, children's car, or wherever else evidence of that weapon may have been.
Then you go to the address on it if it wasn't a ship's Fleet Post Office address or an apartment in another state, that you lived in 20 years ago. Then when you track down my current address and hassle me at home, I'll kick you out, and then you can go to see if you can get a magistrate or judge to sign a warrant for a paper that you know I don't have, and you can show up at my work, (in Maryland) where security will kick you out, and you can follow me up to Oklahoma in my car when I go to an Indian Reservation to gamble and drink and where the Tribal police will take away a Texas LEO gun just for giggles. :biggrinjester
- Thu Aug 25, 2016 2:49 pm
- Forum: The "Waiting Room"
- Topic: I have an LTC but was Denied Purchase by FBI
- Replies: 133
- Views: 34944
Re: I have an LTC but was Denied Purchase by FBI
Which being a criminal act, requires proof to a Federal jury in US District Court, beyond a reasonable doubt, that you KNEW, AT THE TIME, that you sold your gun (20 years ago) to a prohibited person. Or maybe it fell off your boat, or was stolen, etc. I don't want any of my guns used in a crime, but if I choose to sell one, my due diligence will be limited to asking to see a TXDL or LTC from the buyer (not copying the info), and gauging the nature of the person from circumstances surrounding how I met him/her. There is no federal or Texas law requiring a receipt or bill of sale for an in state transfer. If you've got a "blank check" federal magistrate that signs warrants for you to search for a bill of sale by harassing previous owners at home, work, school, looking for something that doesn't exist.... he probably won't last too long after the US District judge supervising him gets a few complaints. Not to mention the AUSA will get tired of wasting his time on your cases...TXPeaceOfficerDave wrote:If any of you disbelieve me then please look up a federal criminal act known as "misprision". Misprision is where you knew someone committed a felony and you didn't report it. Yes, it is an offense.
- Thu Aug 25, 2016 10:33 am
- Forum: The "Waiting Room"
- Topic: I have an LTC but was Denied Purchase by FBI
- Replies: 133
- Views: 34944
Re: I have an LTC but was Denied Purchase by FBI
I could easily see them do this, at least with this administration or Hillary's pending administration. I also could see it being quietly but routinely ignored by many military. I'm not advocating doing this (in violation forum rule 4TXPeaceOfficerDave wrote:I completely agree it's an overreach. No doubt.
They do it by refusing to release any weapon outside the store unless an NICS is attached.
Get this one. They are so much on the far end of the spectrum that it is government policy that they will not sell you ammo on the same day to anyone in your party or household on the same day you purchase a weapon.
At Camp Bullis when they open deer hunting on the ranges each year you must register all weapons and even have "lawful" calipers you're allowed to hunt with. Any deviation and you're kicked off base with active duty troops prosecuted under the UCMJ. No play here. They are dead serious.
In fact, have heard rumors at the base legal office they are considering a mandate that ALL PERSONAL OWNED WEAPONS EITHER ON OR OFF BASE LIVKNG ACTIVE DUTY PERSONNEL must be stored in the base armory.
Before you scream about that being unconstitutional I agree. But trust me. Army is seriously considering it because of the Hassan Nidal case.
), but making a supposition based on my knowledge of military personnel.ETA: I can also see a lot of military spouses living off base acquiring large collections from their significant others...
- Thu Aug 25, 2016 10:29 am
- Forum: The "Waiting Room"
- Topic: I have an LTC but was Denied Purchase by FBI
- Replies: 133
- Views: 34944
Re: I have an LTC but was Denied Purchase by FBI
You're essentially saying that DoD Regulations require it. Those regulations must be authorized by an enabling statute, and no doubt they are...In title 10 USC it says military personnel have to obey the lawful orders of those officers appointed above them...So that covers AAFES being required to run a NICS, but it doesn't make it illegal for the downstream private FFL dealer to sell it without one. It may be illegal for someone subject to UCMJ to bypass, but AAFES FFL transferring to private FFL, to non-military person, has no legal authority to require NICS. With the recent move to open AAFES to all honorably discharged veterans, this issue may soon come up.TXPeaceOfficerDave wrote:Sure. Easy enough. Called administrative law. Under federal AAFES administrative law and under th lawful order of a commanding commissioned officer AAFES is required to do NICS
The AAFES is actually a military organization run out of Dallas TX. AAFES has both a civilian oversight and military commander at the exact same time. The commander is a two star general and he has orders that all military sales around the world that sell firearms to do an NICS, regardless of state law in which the facility operated. Now, could they use a law known as the Assimilative Crimes Act and then assimilate state law into the base? Answer is YES. but unfortunately the commander has not done that. In fact, he gave a direct order to all subordinate units on any military instillation to go in the opposite direction. No matter who you are you must do the NICS. And if you are a civilian off base ou chasing at an off base gun shop and you want to do an FFL transfer with AAFES because they have your gun, the transfer MUST have an NICS check attached. Not joking.
- Thu Aug 25, 2016 8:20 am
- Forum: The "Waiting Room"
- Topic: I have an LTC but was Denied Purchase by FBI
- Replies: 133
- Views: 34944
Re: I have an LTC but was Denied Purchase by FBI
TXPeaceOfficerDave wrote:I only bought one weapon from AAFES cause they had the exact one I wanted at a darn good price and zero tax. I mean a really good price!!!
Do they sell handguns at AAFES?
- Thu Aug 25, 2016 7:36 am
- Forum: The "Waiting Room"
- Topic: I have an LTC but was Denied Purchase by FBI
- Replies: 133
- Views: 34944
Re: I have an LTC but was Denied Purchase by FBI
Solution, don't buy from AAFES. Go to your local gun shop...unless the prices are so much better. They didn't sell guns in the Navy Exchange when I was in the Navy, but I would have bought them "outside the fence" anyway. Personally, I will not do business with a shop that runs a NICS when they don't have to, but I understand that they have that option, just like I have the option not to buy from them. My latest purchase was private face to face in a mall parking lot...TXPeaceOfficerDave wrote:Remember. There are some places you buy weapons that are REQUIRED BY LAW to run your NICS check REGARDLESS OF YOUR STATUS AS AN LTC HOLDER!!! Let me give you one. AAFES at Randolph AFB right here in Universal City, TX. They do NOT recognize the Texas LTC and they run NICS no matter what. In fact, when you buy a weapon there you must fill out about three times the moral ATF paperwork and also register with base commander paperwork. Not joking. If you think I am wrong you're more than welcome to please go there and attempt to purchase for yourself. :-)
