-
Feds send Bastrop man to jail for selling gun to illegal alien
UNFUCKINGBELIEVABLE...
FEDS CONVICT TEXAN FOR SELLING A GUN TO ILLEGAL ALIEN WITH TEXAS DRIVER’S LICENSE
In Federal District Court on July 20, 2010, the ATF won a conviction from an Austin jury that defies logic and reason. In a trial before Federal Judge Sam Sparks, government lawyers conceded Texas resident Paul Copeland did not know his buyer was an illegal alien, but the jury they should convict him anyway because he "had reasonable cause to believe" he was selling to an illegal alien because the two men and a boy who were present at his table at the time of the sale: 1) were Hispanic, 2) spoke Spanish, and 3) wore cowboy clothing. And the jury did as asked. Assistant U.S. Attorney Jennifer Freel acted as lead prosecutor in the case.
The firearm transaction at issue occurred on January 16, 2010, at a gunshow at the North Austin Events Center, at 10601 N. Lamar Blvd., in Austin, Texas. Undercover ATF agents followed Mr. Huerta, his son, and another Hispanic male, Hipolito Aviles, around the "Texas Gunshow" that day, and claimed to observe Huerta’s transaction. Austin P.D. used Copeland’s case as the reason to close down the gunshow, leading to a protest by Austin residents in front of APD headquarters on January 25.
Mr. Copeland is a 56 year old Cedar Creek resident and Vietnam veteran who liked to buy, sell, and trade firearms as a hobby. On January 16, however, he had the misfortune to sell a handgun to Leonel Huerta Sr., who spoke both English and Spanish. Huerta Sr. negotiated his purchase from Copeland in English, showing Copeland his Texas Driver’s License. At Copeland’s trial Huerta admitted on the witness stand, that he is in the country illegally, (Huerta Sr. had previously admitted this fact to Immigration & Customs Enforcement (ICE) Special Agent Leo Buentello). ATF Agent Shawn Kang claimed he saw Huerta later hand off the gun to Aviles. Despite these admissions, Huerta Sr. was never arrested, charged, or deported. Instead, his presence at the gunshow was used to entrap an American citizen into an unwitting violation of a federal gun control law. Huerta Sr., who is a resident of the City of Austin, appeared as a witness at the trial, admitted he was in the country illegally before federal prosecutors and a federal judge, yet he was allowed to leave the courtroom under his own power. To date Huerta Sr. has not been prosecuted for his purchase, possession, or disposition of the handgun he bought from Copeland, while Copeland is now a convicted felon.
"Instead of busting the illegal alien for buying, they bust the citizen for selling," commented Paul Velte, attorney and founder of Peaceable Texans for Firearms Rights, a gun-owners rights advocacy group from Austin. Velte asked, "who was in a better position to know the buyer’s immigration status, the buyer or the seller?" He also said, "What happened to Paul Copeland should enrage all Americans. The Federal Government is using illegal aliens to entrap citizens lawfully exercising their right to sell firearms. The illegal alien walks free, but the citizen gets convicted. The same government charged with controlling immigration is the one using illegal immigrants to attack its own citizens. Does this make any sense? It makes no sense unless the purpose is to discourage attendance at gunshows and frighten citizens from selling their firearms to other citizens."
Velte pointed out that "There is no way for a citizen to know who is here legally or not. In fact, under Austin’s ‘sanctuary city’ policy, not even the police officer at the door of the gunshow was allowed to ask a person’s immigration status, yet the average Texan inside the show is expected to assume that a person standing before them with a Texas driver’s license is in the country illegally just because they look Mexican and speak Spanish." Velte noted that the federal government’s lawsuit against Arizona was based on that very type of conduct: Concluding someone could be here illegally based on their looks or their language. Velte said gun owners in his group are outraged, and they want to know:
Why is the illegal alien who purchased the gun, Leonel Huerta Sr., still living in Austin?
Why does he still have a Texas Driver’s license?
Why is ATF using illegal aliens to set up and convict American citizens?
What has he been promised for his cooperation?
Why has he not been prosecuted? He committed three distinct crimes: he purchased a firearm knowing he was an illegal alien, he possessed the firearm, and he transferred the handgun to another illegal alien (Hippolito Aviles, who was convicted and given time served on June 30, 2010).
Why has Huerta Sr. not been deported?
Judge Sparks sentenced Copeland on August 27 to six months confinement and 24 months of probation, and called Copeland "a liar" for not admitting guilt. ATF confiscated Copeland’s entire gun collection and initiated forfeiture proceedings. Copeland was also fired from his job due to the indictment, and he would have lost his home to foreclosure, if not for his family stepping in to pay his mortgage while he serves his sentence.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
clambake
dumb bubba.
why is he dumb?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
got what he deserved for selling guns this way. bet it's not the first time for this guy to do that.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
He sold it to a guy with a legitimate Texas Drivers License at a Legitimate legal gun show. He did nothing illegal. If the guy was illegal he shouldn't have had a Texas Drivers License.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
all these guns shows should be banned.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
clambake
got what he deserved for selling guns this way. bet it's not the first time for this guy to do that.
So the U.S. govt. cries about racial profiling v. Arizona and then convicts a Vietnam vet for not racial profiling?
lol partisan hacks
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
EmptyMan
So the U.S. govt. cries about racial profiling v. Arizona and then convicts a Vietnam vet for not racial profiling?
lol partisan hacks
it's about selling guns to illegals. you think the only illegals are mexicans?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
So racial profiling is not only acceptable but highly encouraged when it pertains to a subject in which the current administration is against? Got it.
lol partisan hacks
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
clambake
it's about selling guns to illegals. you think the only illegals are mexicans?
The guy had a REAL Texas Drivers License. He's supposed to prove to DPS that he is legal before he can get one. How in hell was it the sellers fault the he sold to an illegal with a drivers license that supposedly proved he was legal?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
why can't I find this story at a reputable news outlet?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
Blake
why can't I find this story at a reputable news outlet?
I don't know. Maybe because it appeared to be just a routine, run of the mill court case in AUSTIN and was considered non-news? I snoped it before I posted it...no denial there.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
there should be a thorough background check paid for by anyone purchasing a firearm.
absoulutely. no same day transactions.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
clambake
there should be a thorough background check paid for by anyone purchasing a firearm.
absoulutely. no same day transactions.
It doesn't matter what CLAMBAKE thinks it SHOULD be. The seller complied with all state/federal laws. He was convicted because the guy he sold it to was illegal but had a "legal" drivers license.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Here is the actual ruling on the case.
http://www.keepandshare.com/doc/2215...5-pm-599k?da=y
If you have trouble understanding the ruling and why Copeland was convicted, let me know.
Cracks me up when people believe the first thing they read on the internet. Just another reason why I like this forum. :tu
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
He dun goof'd when he said anything after being escorted outside by the agents/police. If you are ordered to leave a group and then surrounded by multiple officers that could be considered an implied interrogation even though the officers tell you are free to leave at any time.
That's a trick leo's use to bypass Miranda :lol
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
So he was actually convicted of selling the gun to a legal resident who was actually making a straw purchase for an illegal alien and the guy who made the straw purchase was not prosecuted.
Riiiight.
that STILL reeks of Federal over-reach.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
you get more pissy by the day.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Sounds like the law-breaking ("I sell to fireams to anybody" ) asshole got Treaded On Me. I bet he wants Water The Tree (piss on it) of the ATF.
the gun show loophole is widely known as how many guns are sold to proxies for criminals.
The NRA and 2nd Amendment bullshit is all about the guns-n-ammo bu$ine$$, not about the Constitution.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
there's no god damned "gun show loophole" you dumbassses.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
So he was actually convicted of selling the gun to a legal resident who was actually making a straw purchase for an illegal alien and the guy who made the straw purchase was not prosecuted.
Riiiight.
that STILL reeks of Federal over-reach.
As soon as Aviles tried to hand him the money, that should have been the end of him selling anything to anyone in that group.
Unfortunately for Copeland, he was ignorant of the law. Maybe if he had gone to training and had gotten his license, he might have known better.
It's not any more of an overreach as someone who tries to buy beer for underage kids and the cashier is aware of it.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
Blake
As soon as Aviles tried to hand him the money, that should have been the end of him selling anything to anyone in that group.
Unfortunately for Copeland, he was ignorant of the law. Maybe if he had gone to training and had gotten his license, he might have known better.
It's not any more of an overreach as someone who tries to buy beer for underage kids and the cashier is aware of it.
So he was supposed to profile the guy as an illegal alien because he didn't want to show him his drivers license. OK.
Lets send him to federal prison for THAT.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
clambake
dumb bubba.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
So he was supposed to profile the guy as an illegal alien because he didn't want to show him his drivers license. OK.
Lets send him to federal prison for THAT.
So you are ok with someone selling guns to someone else that fails to provide any ID.
Duly noted for future reference.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
Blake
So you are ok with someone selling guns to someone else that fails to provide any ID.
Duly noted for future reference.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
We aren't talking about a case of rocket launchers or hand grenades here. He sold a stinking 38 caliber pistol to a guy that showed him a valid Texas Drivers License.
What bullshit!
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
right-wing gun nuts aren't too smart to go flaunting the law and taunting whoever walks buy, like u/c feds. :lol
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
We aren't talking about a case of rocket launchers or hand grenades here. He sold a stinking 38 caliber pistol to a guy that showed him a valid Texas Drivers License.
.....that clearly was going to turn around and give it to Aviles.....and did.
I wish I was terribly surprised you aren't getting this.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
And you think the guy should go to prison for 6 months? The little cocksucker that broke into my business 3 months ago and stole $40,000 worth of stuff and got caught forging a check he stole out of my desk just got probation...
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
And you think the guy should go to prison for 6 months? The little cocksucker that broke into my business 3 months ago and stole $40,000 worth of stuff and got caught forging a check he stole out of my desk just got probation...
whats his name?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
clambake
whats his name?
I don't remember. The adult probation officer called me this morning.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
I don't remember. The adult probation officer called me this morning.
you don't remember the name of a guy that took you for 40 large?
please
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Dude broke the law after loudly proclaiming his intent to break the law.
:tu
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
ChumpDumper
Dude broke the law after loudly proclaiming his intent to break the law.
:tu
that was pretty funny.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
ChumpDumper
Dude broke the law after loudly proclaiming his intent to break the law.
:tu
It is not a law that an individual making a sale has to do a background check. It was a new internal rule of the guys putting on gun show...not a law.
Try to keep up.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
clambake
you don't remember the name of a guy that took you for 40 large?
please
His name was irrelevant. Just a typical west side banger in a white wife beater. I'm not going vigilante.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
ChumpDumper
Dude broke the law after loudly proclaiming his intent to break the law.
:tu
Although that really wasn't was he was being loud about, I'm going to guess that didn't help his cause. :lol
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
an unlicensed sale had to go through a licensed gun dealer for background verification.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
clambake
an unlicensed sale had to go through a licensed gun dealer for background verification.
Wrong.
By law transactions between individuals do not require background checks.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
It is not a law that an individual making a sale has to do a background check. It was a new internal rule of the guys putting on gun show...not a law.
Try to keep up.
Selling to "anyone" includes selling to illegal aliens.
Try to keep up.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
Wrong.
By law transactions between individuals do not require background checks.
aka, the gun show loophole.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
Wrong.
By law transactions between individuals do not require background checks.
he broke the rule. hence the grumblings.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
i think its shocking for an individual to be able to sell a gun to anyone.....no questions asked.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
clambake
i think its shocking for an individual to be able to sell a gun to anyone.....no questions asked.
Now you see why busting this guy was completely bogus.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
Now you see why busting this guy was completely bogus.
i woulda busted every asshole in there, doing this.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
Now you see why busting this guy was completely bogus.
Apparently the agents, judge and jury disagree with you.
So do I.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
clambake
i woulda busted every asshole in there, doing this.
There are no laws regulating the sale of guns between individuals in Texas. What exactly were you going to bust them for?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
Blake
Apparently the agents, judge and jury disagree with you.
So do I.
Yep, he got screwed. Hopefully he kicks their ass on appeal.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
Yep, he got screwed. Hopefully he kicks their ass on appeal.
What would be the basis for appeal?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
For one thing, applying FFL Straw Purchase guidelines to an individual sale. The guy broke no state or federal laws that I can see.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
For one thing, applying FFL Straw Purchase guidelines to an individual sale. The guy broke no state or federal laws that I can see.
He sold a gun to an illegal alien.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
For one thing, applying FFL Straw Purchase guidelines to an individual sale. The guy broke no state or federal laws that I can see.
There are none so blind as those who will not see.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
ChumpDumper
There are none so blind as those who will not see.
link to the law he broke.
You can't.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
guns need to be banned, you racist assholes like cosmiccowboy are destroying the nation with your hate filled , racist, pasty, hurtful, ignorant hearts.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
ALWAYS bet on BLACK
guns need to be banned, you racist assholes like cosmiccowboy are destroying the nation with your hate filled , racist, pasty, hurtful, ignorant hearts.
Go fuck yourself you ignorant asshole.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
Go fuck yourself you ignorant asshole.
Why are you racist?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
ALWAYS bet on BLACK
Why are you racist?
Why are you stupid and illiterate?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
link to the law he broke.
You can't.
Sure I can.
Quote:
Originally Posted by US Code: Title 18, Part I, Chapter 44
(d) It shall be unlawful for any person to sell or otherwise dispose
of any firearm or ammunition to any person knowing or having reasonable
cause to believe that such person--
(1) is under indictment for, or has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one
year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been
committed to any mental institution;
(5) who, being an alien--
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been
admitted to the United States under a nonimmigrant visa (as that
term is defined in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)));
http://frwebgate.access.gpo.gov/cgi-...Cite:+18USC922
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
cowboy on the quest to arm illegal aliens.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
clambake
cowboy on the quest to arm illegal aliens.
:lmao
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
ChumpDumper
The guy he sold it to was a Texas resident and presented a Valid Texas Drivers licence. I know the law. The law doesn't say anything about straw purchases on individual sales.
fail
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Actually it's Cowboy on the quest to make law enforcement follow the LAW. The guy got railroaded by the ATF on a bogus charge.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
The guy he sold it to was a Texas resident and presented a Valid Texas Drivers licence. I know the law. The law doesn't say anything about straw purchases on individual sales.
fail
He should have taken the gun back when he realized it wasn't for the person who produced the ID.
You don't know the law. Written codes are not the only source of law.
Fail.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
ChumpDumper
He should have taken the gun back when he realized it wasn't for the person who produced the ID.
You don't know the law.
Fail.
why would bubba do that? he said, loudly, like a cowboy, that he'd sell a gun to anyone.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
The guy he sold it to was a Texas resident and presented a Valid Texas Drivers licence. I know the law. The law doesn't say anything about straw purchases on individual sales.
fail
I'm not fully up to speed, but did the seller have a suspicion that it was a straw purchase? There are probably rules about that. (In the same way that an alcohol vendor would probably be in trouble if he sees a person talking to some kids outside, then comes in to buy a case of beer).
That's a gray area, to be sure.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
LnGrrrR
I'm not fully up to speed, but did the seller have a suspicion that it was a straw purchase? There are probably rules about that. (In the same way that an alcohol vendor would probably be in trouble if he sees a person talking to some kids outside, then comes in to buy a case of beer).
That's a gray area, to be sure.
He probably had a suspicion but the law says absolutely nothing about straw purchases. In fact, the law does not require any actual verification. Legally, just asking "is it OK for you to purchase guns?" is adequate.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
ChumpDumper
He should have taken the gun back when he realized it wasn't for the person who produced the ID.
You don't know the law. Written codes are not the only source of law.
Fail.
Oh OK...he violated Chumps unwritten law.
Which means Chump couldn't find a law he violated.
Thanks for playing.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
He probably had a suspicion but the law says absolutely nothing about straw purchases. In fact, the law does not require any actual verification. Legally, just asking "is it OK for you to purchase guns?" is adequate.
You have all the relevant case law that would apply here?
That would be interesting to read.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
ChumpDumper
You have all the relevant case law that would apply here?
That would be interesting to read.
You are the challenger. Prove me wrong.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
Oh OK...he violated Chumps unwritten law.
Which means Chump couldn't find a law he violated.
Thanks for playing.
Actually, I provided a link to the black letter law he violated and you asked for.
You are the one claiming there is some case law that vindicates him.
Give me a link to that ruling.
Thanks in advance.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
You are the challenger. Prove me wrong.
Sorry, you are challenging the federal code.
Prove it wrong.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
He probably had a suspicion but the law says absolutely nothing about straw purchases. In fact, the law does not require any actual verification. Legally, just asking "is it OK for you to purchase guns?" is adequate.
Ok, let's throw a hypothetical out there. (I'm just playing Devil's Advocate.)
Two men walk up to a seller, and one of them says, "Hello, here is my ID, and I would like to purchase this gun for my friend. His name is Abdul Ja-quim, and he is a terrorist. He plans on using this gun to shoot a government official. How much will that gun cost?"
Now, there may not be a law on the books that specifically prohibits this, but I doubt the scenario presented above would make the sale of that firearm illegal.
What if we made it slightly more realistic, and the purchaser just said, "Hello, I'd like to purchase this gun for my friend, who is not allowed by law to purchase guns."? Would that be kosher?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
ChumpDumper
Actually, I provided a link to the black letter law he violated and you asked for.
You are the one claiming there is some case law that vindicates him.
Give me a link to that ruling.
Thanks in advance.
No you didn't. He didn't sell a gun to an illegal alien. He sold the gun to a Texas resident with a valid drivers license.
Next?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
No you didn't. He didn't sell a gun to an illegal alien. He sold the gun to a Texas resident with a valid drivers license.
Next?
what did he do after he saw the guy hand the gun to his friend?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
I would like to note that it mentions a special agent seeing Huerta (the purchaser) hand off the gun to Aviles... I haven't seen any mention of the seller noticing the hand-off. Additionally, I don't see why they didn't prosecute the illegal immigrant either.
The jury's reasoning for finding him guilty (that he essentially looked like an illegal immigrant because he was Mexican) is stupid too... I mean, in that case, 95% of San Antonio are illegal immigrants.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
LnGrrrR
Ok, let's throw a hypothetical out there. (I'm just playing Devil's Advocate.)
Two men walk up to a seller, and one of them says, "Hello, here is my ID, and I would like to purchase this gun for my friend. His name is Abdul Ja-quim, and he is a terrorist. He plans on using this gun to shoot a government official. How much will that gun cost?"
Now, there may not be a law on the books that specifically prohibits this, but I doubt the scenario presented above would make the sale of that firearm illegal.
What if we made it slightly more realistic, and the purchaser just said, "Hello, I'd like to purchase this gun for my friend, who is not allowed by law to purchase guns."? Would that be kosher?
If the seller was a FFL license holder that would clearly be a straw sale and would clearly be illegal.
Individual sales are not subject to the same laws. I'm not saying it's right, I'm saying it's legal. Back to the mosque argument, just from the other side.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
clambake
what did he do after he saw the guy hand the gun to his friend?
What was he supposed to do? It wasn't his gun anymore. The new guy owned it and could give or sell it to anyone he pleased.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
No you didn't. He didn't sell a gun to an illegal alien. He sold the gun to a Texas resident with a valid drivers license.
Next?
He sold the gun to an illegal alien.
That is the law he broke, for which he was convicted and sentenced.
If you have a court ruling saying such straw purchases are legal, please provide a link to it.
Thanks in advance.
Really, CC. Try thinking about it. By your legal "reasoning" you can buy alcohol for a minor who brings a case of beer up to the register, takes the money out of his pocket, gives it to you to pay the cashier and then you can give the minor the beer all in plain sight of a policeman. That cashier would be in no jeopardy according to you.
Is this really what you are claiming?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
What was he supposed to do? It wasn't his gun anymore. The new guy owned it and could give or sell it to anyone he pleased.
so, you didn't read about it, did you?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
I'm not saying it's right, I'm saying it's legal. Back to the mosque argument, just from the other side.
Eh, because the US works more on common law than civil law, it might still be illegal; depends on if there are precedents set by our courts. On paper though, it seems there isn't a violation of law, just of the "spirit of the law" (which might still count, not a lawyer/judge).
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
LnGrrrR
The jury's reasoning for finding him guilty (that he essentially looked like an illegal immigrant because he was Mexican) is stupid too... I mean, in that case, 95% of San Antonio are illegal immigrants.
Plus that reasoning in a Federal court is just dripping with irony considering the lawsuit against Arizona and the accusations of potential profiling.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
ChumpDumper
He sold the gun to an illegal alien.
That is the law he broke, for which he was convicted and sentenced.
If you have a court ruling saying such straw purchases are legal, please provide a link to it.
Thanks in advance.
Really, CC. Try thinking about it. By your legal "reasoning" you can buy alcohol for a minor who brings a case of beer up to the register, takes the money out of his pocket, gives it to you to pay the cashier and then you can give the minor the beer all in plain sight of a policeman. That cashier would be in no jeopardy according to you.
Is this really what you are claiming?
Chump, there are laws written specifically to address straw purchases on liquor sales. Not on individual gun sales.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
LnGrrrR
I would like to note that it mentions a special agent seeing Huerta (the purchaser) hand off the gun to Aviles... I haven't seen any mention of the seller noticing the hand-off. Additionally, I don't see why they didn't prosecute the illegal immigrant either.
The seller negotiated the price with Aviles well before the hand off.
Aviles took the money out of his pocket.....Copeland asked for ID.....he produced no ID.......Huerta produced ID.......Aviles handed money to Huerta.......Huerta handed money to Copeland.........Copeland handed gun to Huerta........Huerta handed gun to Aviles.
I'm cure CC will spin this into further self-pwnage.
Quote:
The jury's reasoning for finding him guilty (that he essentially looked like an illegal immigrant because he was Mexican) is stupid too... I mean, in that case, 95% of San Antonio are illegal immigrants.
I agree that they should go after anyone else that might be law breakers, but that does not, of course, excuse the seller in this particular case...
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
Blake
The seller negotiated the price with Aviles well before the hand off.
Aviles took the money out of his pocket.....Copeland asked for ID.....he produced no ID.......Huerta produced ID.......Aviles handed money to Huerta.......Huerta handed money to Copeland.........Copeland handed gun to Huerta........Huerta handed gun to Aviles.
Again, the law only addresses straw sales from FFL holders. It does not address straw sales on individual sales
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
Again, the law only addresses straw sales from FFL holders. It does not address straw sales on individual sales
oh.....then clearly he should not have been arrested, tried, and found guilty in a court of law.
:downspin:
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
Chump, there are laws written specifically to address straw purchases on liquor sales.
Not every possible straw sale. That is not how the legal system works.
Quote:
Not on individual gun sales.
I think you have a fundamental misunderstanding of the common law system. You provided no case law supporting your contention that individual straw gun sales are allowed by the federal court system. You can bet Copeland's lawyer would have done so had such a ruling existed.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
It's not a straw sale, it's a direct sale under Blake's scenario. Also, he "otherwise disposed" of the firearm to an illegal alien.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
Again, the law only addresses straw sales from FFL holders. It does not address straw sales on individual sales
Well, I mean, that's why we have courts, to determine cases like this. I would say that there doesn't seem to be a law against it, but the court may find him guilty anyways. I don't think the guy has much sense, if it played out as Blake described it. "What, you don't have ID? Does anyone else here have some ID they want to show me so they can purchase a gun for this man?" In that case, what's the point of even having to show an ID? :lol
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
Oh, Gee!!
It's not a straw sale, it's a direct sale under Blake's scenario. Also, he "otherwise disposed" of the firearm to an illegal alien.
He didn't know the guy was an illegal alien. He spoke good english. All he knew was that the guy didn't have a drivers license.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
He didn't know the guy was an illegal alien. He spoke good english. All he knew was that the guy didn't have a drivers license.
So then why bother asking for IDs in the first place.
According to your logic, saying (in English) "I'm of age and a resident of this state" should be sufficient.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
He didn't know the guy was an illegal alien. He spoke good english. All he knew was that the guy didn't have a drivers license.
then why did he make the guy give the gun back, even though he knew?
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
And yeah, I think the guy was a dummy too, but that doesn't mean he should go to prison.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
Blake
So then why bother asking for IDs in the first place.
According to your logic, saying (in English) "I'm of age and a resident of this state" should be sufficient.
Actually, it almost is...asking for a drivers license is above and beyond the law. It would be adequate for the purchaser to state that they are of age and legally entitled to purchase firearms...
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
And yeah, I think the guy was a dummy too, but that doesn't mean he should go to prison.
It's a work camp, but there are plenty of stupid criminals in prison and work camps.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
Actually, it almost is...asking for a drivers license is above and beyond the law. It would be adequate for the purchaser to state that they are of age and legally entitled to purchase firearms...
Apparently it's not adequate.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
Actually, it almost is...asking for a drivers license is above and beyond the law. It would be adequate for the purchaser to state that they are of age and legally entitled to purchase firearms...
Why would you even need to ask the purchaser to state they are of age and legally entitled to purchase? In the case you mentioned, the purchaser could say such and hand the gun right over to someone they knew wasn't able to legally purchase.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
Blake
Here is the actual ruling on the case.
http://www.keepandshare.com/doc/2215...5-pm-599k?da=y
If you have trouble understanding the ruling and why Copeland was convicted, let me know.
Cracks me up when people believe the first thing they read on the internet. Just another reason why I like this forum. :tu
Yep, looks like he knowing sold to someone not legal to purchase the weapon.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
So he was actually convicted of selling the gun to a legal resident who was actually making a straw purchase for an illegal alien and the guy who made the straw purchase was not prosecuted.
Riiiight.
that STILL reeks of Federal over-reach.
Yes, it's overreaching, but anti-gun liberals love to do that.
-
Re: Feds send Bastrop man to jail for selling gun to illegal alien
Quote:
Originally Posted by
CosmicCowboy
We aren't talking about a case of rocket launchers or hand grenades here. He sold a stinking 38 caliber pistol to a guy that showed him a valid Texas Drivers License.
What bullshit!
It's like an underage person wanting to buy beer. When the store clerk refuses to sell it without ID, the kid asks the next costumer to buy it for him. Under such situations, the store owner and clerk would still be cited for selling to a minor if they made that sale.