Thursday, October 28, 2010

Something Don't Smell Kosher Here

Doing a little Google news wandering this morning and came across this.

A couple members of the local 5-0 are suing a gun store because someone bought a gun legally from them, that was then used to try to kill said officers.

Now, I'm not from WI, so I'm not all up on their gun laws like I am here in SD, but it would seem to me that this shouldn't get out of the starting blocks and here's why.

When the store made the sale, they did so pursuant to the applicable laws of the state of WI, and under GCA 68. Meaning, they did all the paperwork required under federal law (filling out the old Form 4473, which lying on could be a felony punishable by prison time) and from other sources waited the appropriate time also required under WI law.

Reading up on this, I found this little gem by Dennis Hennigan of the Brady Bunch. Now, I'm no scholar on things legal, but it would seem that if the gun in question was purchased from the store, and the buyer was a prohibited person, then either one of two things occurred. First, the buyer lied on the form, which in itself is illegal. The other is that the NICS check was delayed and after the mandatory 3 day wait, the sale was allowed to proceed per federal law.

(See also in the above linked piece the part about the 'assault weapon, high capacity mag, and *GASP* flash suppressor! A masterful piece of scare tactics I must say....NOT!)

Either way, I can't imagine a store with the issues that are purported to follow this one around, there would be a case where the store owner knowingly sold a gun to a prohibited person.

Like I said, something don't smell kosher on this, especially when the Brady Bunch is involved.

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