Diamondback Police Supply in Tuscon rescinded the order of a Sig Sauer M400 semi-automatic rifle for Mark Kelly. Mark Kelly is famous for his alleged obsessive-compulsive disorder in attempting to purchase weapons throughout Tuscon to show how easy it is to obtain a weapon that is Constitutional to own under the Second Amendment.
Douglas MacKinlay, Owner/President, Diamondback Police Supply Co., Inc., explained on their Facebook page:
“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. In light of this fact, I determined that it was in my company’s best interest to terminate this transaction prior to his returning to my store to complete the Federal From 4473 and NICS background check required of Mr. Kelly before he could take possession this firearm. A full refund was sent to Mr. Kelly, via express mail, on Thursday of last week.
The Sig Sauer rifle will be donated to the Arizona Tactical Officers Association where it will be raffled off to generate funds the association can use to purchase much needed tactical equipment for the organization’s members. The A.T.O. A. represents the SWAT and Special Response officers of the state’s law enforcement community who regularly place their lives on the line to protect the residents of this state.
Additionally, Diamondback Police Supply will make a $1295.00 contribution (the selling price of the M400 rifle) to the Eddie Eagle GunSafe Program that teaches children, in pre-K through 3rd grade, four important steps to take if they find a gun. The emphasis of the program is on child safety, something that is important to all of us and at the core of the current debate on gun control.”
David Smith, who apparently has never bought a gun, commented, “so douche-bag ‘merchants’ are free to violate The Constitution??”
The Bureau of Alcohol, Tobacco, Firearms and Explosives “Firearms Transaction Record Part I – Over-the-Counter” Form 4473, Question 11a clearly states:
Are you the actual transferee/buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person. If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you. (See Instructions for Question 11.a.) Exception: If you are picking up a repaired firearm(s) for another person, you are not required to answer 11.a. and may proceed to question 11.b.
Kelly, after being caught purchasing the weapons, stated that he was going to turn them over to the police department. While some state that this may constitute a “straw purchase,” the instructions for Question 11.a. on Page 4 of the form does state:
You are also the actual transferee buyer if you are legitimately purchasing the firearm as a gift for a third party.
This would seem to mean that anyone can legitimately purchase a weapon as a gift for a family member or friend. The purchaser would have to ensure that the person receiving the weapon is an eligible person. You are required to certify that on the form.
The form also clearly states:
I also understand that making any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a felony under Federal law, and may also violate State and/or local law.
It is unknown if any dealer has filed a form to the BATFE indicating the multiple purchase of weapons in a five-day period which is an unconstitutional provision of the form.