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Cheers - AE

Tuesday, 18 January 2011

How criminals and nutters can get around gun laws.

In news story after news story, I see the claim over and over again that Jared Loughner legally obtained his Glock 19 9mm handgun from Sportsman’s Warehouse on November 30th, 2010.

This is false. Jared Loughner obtained his gun by means of a felony.


Sportsman’s Warehouse is a Federally licensed firearm dealer (FFL). They are required to obtain an ATF form 4473 for every firearm transaction they have. This form captures personal data about the purchaser, and that data is then used to preform a NICS (National Instant Criminal System) background check.

Jared Loughner lied on this form.

Question 11 – E on the current ATF Form 4473 is as follows:

Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance?

Loughner MUST HAVE answered “No” to this question in order to process the background check.

We know by the testimony of those close to him, Loughner was described as a “pothead” and was rejected by the US Army because of his admitted marijuana addiction.
It goes on to explain how the same application form clearly states that anyone answering yes is prohibited from buying a gun and that making a false statement is a felony. Sound familiar? It ought to to Brits: Thomas Hamilton, the man responsible for the Dunblane massacre, also lied on his firearms certificate application form.
At the time the police were supposed to check that the applicant was a member of an approved gun club which had suitable facilities for the type and calibre of gun being applied for, and that the applicant had shot there under supervision for a probationary period of at least three months, before granting a firearms certificate for handguns. Hamilton apparently lied on his first application – he was not a member of the club he named on his application and that club did not have an appropriate range for use with the calibre of gun for which Hamilton applied. He fucking lied and it could have been stopped there if anyone had made the appropriate checks. Hamilton would not have had a firearms certificate granted in the first place. Subsequent lies were told on subsequent applications and Hamilton was able to renew his right to keep guns time and again when cursory checks by the authorities would have given ample reason to withhold the renewal of a firearms certificate that should never have been granted in the first place.

Does it become legal simply because the paperwork was accepted? Does dishonesty when completing applications, particularly when failing to answer honestly is an offence, not negate the legal status? It normally would for passports and immigration visas, though of course that would only get you deported from practically everywhere apart from Britain, and I believe it would for something like a driving licence. So surely it would also apply for licences and permits for a firearm.

Yet the MSM would rather report that Loughner's gun was legally held, just as they did in the UK with Hamilton.

Draw your own conclusions.

H/T to feline enumerator, Sam Duncan.
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