The lawyer who wrote that needs to be disbarred.At the time Kelley purchased the Ruger, he reported a Colorado Springs, Colorado address on his Firearms Transaction Record, Form 4473, a federal form. This fact alone should have disqualified Kelley from ever purchasing the assault rifle. Kelley’s identification indicated he was a resident of Colorado—not Texas. Thus, he never should have been sold the very weapon he used in the Sutherland Springs shooting as it would be illegal for Kelley to ever transport that gun to his residence. Rather, Defendant, upon Kelley purchasing the weapon, should have transferred the firearm to Colorado, for Kelley, a Colorado resident, to retrieve. The Ruger should have never been placed in Kelley’s hands in Texas. Importantly this incident is not the first incident of Academy failing to follow applicable laws—though it is, the first incident that resulted in the deaths of 26 innocent people and injuries to an additional 20 people.
Academy Sports Lawsuit
- Jered
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Academy Sports Lawsuit
So, the families of some of the victims are suing the store.
The avalanche has already started. It is too late for the pebbles to vote.
-
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Re: Academy Sports Lawsuit
But they won't, because the ABA is as anti-gun as the rest of the liberal establishment.Jered wrote:So, the families of some of the victims are suing the store.
The lawyer who wrote that needs to be disbarred.At the time Kelley purchased the Ruger, he reported a Colorado Springs, Colorado address on his Firearms Transaction Record, Form 4473, a federal form. This fact alone should have disqualified Kelley from ever purchasing the assault rifle. Kelley’s identification indicated he was a resident of Colorado—not Texas. Thus, he never should have been sold the very weapon he used in the Sutherland Springs shooting as it would be illegal for Kelley to ever transport that gun to his residence. Rather, Defendant, upon Kelley purchasing the weapon, should have transferred the firearm to Colorado, for Kelley, a Colorado resident, to retrieve. The Ruger should have never been placed in Kelley’s hands in Texas. Importantly this incident is not the first incident of Academy failing to follow applicable laws—though it is, the first incident that resulted in the deaths of 26 innocent people and injuries to an additional 20 people.
Since I've never worried myslef much about CO laws, do they have any sort of AWB? I don't think so, but I could easily be wrong. I know they had a big to-do a few years ago about mag limits, which resulted in a couple of legislators getting recalled.
My understanding of federal law is that long guns can be sold to any legal firearms owner, including non-residents, as long as they are legal to own in the person's state of residence. Thus, a PRK resident can't hop over to Reno or Vegas and buy an AR-15 to take home.
Now, if said Ruger was a pistol, or if he bought his pistol(s) (Glock, IIRC, in TX, while reporting a CO address, they might have a case.
Am I correct in my recollection of the relevant statutes?
Fortuna Fortis Paratus
- Jered
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Re: Academy Sports Lawsuit
This is on the level of look at the regulatory agency's frequently asked questions incompetence because this lawyer obviously could not be bothered to do that.Langenator wrote:
But they won't, because the ABA is as anti-gun as the rest of the liberal establishment.
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
Statewide, I don't think so.Since I've never worried myslef much about CO laws, do they have any sort of AWB? I don't think so, but I could easily be wrong. I know they had a big to-do a few years ago about mag limits, which resulted in a couple of legislators getting recalled.
That's exactly what the ATF FAQ says, too. This lawyer couldn't even be bothered to look at that.My understanding of federal law is that long guns can be sold to any legal firearms owner, including non-residents, as long as they are legal to own in the person's state of residence. Thus, a PRK resident can't hop over to Reno or Vegas and buy an AR-15 to take home.
You are correct.Now, if said Ruger was a pistol, or if he bought his pistol(s) (Glock, IIRC, in TX, while reporting a CO address, they might have a case.
Am I correct in my recollection of the relevant statutes?
This lawyer is an idiot.
The avalanche has already started. It is too late for the pebbles to vote.
- Rich
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Re: Academy Sports Lawsuit
It could just be a paperwork mixup, as just to the east of Colorado Springs is El Paso County, Colorado. Could be that the magic name of "El Paso" was seen and automatically the name Texas came to mind.
Jus' saying.
Jus' saying.
A weak government usually remains a servant of citizens, while a strong government usually becomes the master of its subjects.
- paraphrased from several sources
A choice, not an echo. - Goldwater campaign, 1964
- paraphrased from several sources
A choice, not an echo. - Goldwater campaign, 1964
- Weetabix
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Re: Academy Sports Lawsuit
Some of the stores around here limit rifle sales to this and contiguous states. But I think it's a store policy rather than a misunderstanding of the law.Jered wrote:Langenator wrote:That's exactly what the ATF FAQ says, too. This lawyer couldn't even be bothered to look at that.My understanding of federal law is that long guns can be sold to any legal firearms owner, including non-residents, as long as they are legal to own in the person's state of residence. Thus, a PRK resident can't hop over to Reno or Vegas and buy an AR-15 to take home.
Note to self: start reading sig lines. They're actually quite amusing. :D
- Jered
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Re: Academy Sports Lawsuit
Probably a store policy.Weetabix wrote:
Some of the stores around here limit rifle sales to this and contiguous states. But I think it's a store policy rather than a misunderstanding of the law.
The avalanche has already started. It is too late for the pebbles to vote.
- NVGdude
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Re: Academy Sports Lawsuit
Weetabix wrote: Some of the stores around here limit rifle sales to this and contiguous states. But I think it's a store policy rather than a misunderstanding of the law.
It's an artifact.
Under the 1968 GCA as originally written one could only buy a long arm in your home state and any adjacent state. That went away in 1986, but several states had their own laws on the books that mirrored the federal law. I am uncertain how many states retain said laws. It took Texas about 2 decades to repeal theirs for example.
- 308Mike
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Re: Academy Sports Lawsuit
I'm pretty sure Commiefornia is one of those screwed-up states.NVGdude wrote:Under the 1968 GCA as originally written one could only buy a long arm in your home state and any adjacent state. That went away in 1986, but several states had their own laws on the books that mirrored the federal law. I am uncertain how many states retain said laws. It took Texas about 2 decades to repeal theirs for example.
POLITICIANS & DIAPERS NEED TO BE CHANGED OFTEN AND FOR THE SAME REASON
A person properly schooled in right and wrong is safe with any weapon. A person with no idea of good and evil is unsafe with a knitting needle, or the cap from a ballpoint pen.
I remain pessimistic given the way BATF and the anti gun crowd have become tape worms in the guts of the Republic. - toad
A person properly schooled in right and wrong is safe with any weapon. A person with no idea of good and evil is unsafe with a knitting needle, or the cap from a ballpoint pen.
I remain pessimistic given the way BATF and the anti gun crowd have become tape worms in the guts of the Republic. - toad
- Netpackrat
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Re: Academy Sports Lawsuit
Kind of doesn't matter because realistically nobody who lives outside of the PRK is going to go there to buy a firearm.308Mike wrote:I'm pretty sure Commiefornia is one of those screwed-up states.
Cognosce teipsum et disce pati
"People come and go in our lives, especially the online ones. Some leave a fond memory, and some a bad taste." -Aesop
"People come and go in our lives, especially the online ones. Some leave a fond memory, and some a bad taste." -Aesop
- 308Mike
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Re: Academy Sports Lawsuit
You're right, but LOTS of folks INSIDE the screwed-up state would LOVE to buy their long-arms out of state (and bring them home into this shiitehole)!!!Netpackrat wrote:Kind of doesn't matter because realistically nobody who lives outside of the PRK is going to go there to buy a firearm.308Mike wrote:I'm pretty sure Commiefornia is one of those screwed-up states.
POLITICIANS & DIAPERS NEED TO BE CHANGED OFTEN AND FOR THE SAME REASON
A person properly schooled in right and wrong is safe with any weapon. A person with no idea of good and evil is unsafe with a knitting needle, or the cap from a ballpoint pen.
I remain pessimistic given the way BATF and the anti gun crowd have become tape worms in the guts of the Republic. - toad
A person properly schooled in right and wrong is safe with any weapon. A person with no idea of good and evil is unsafe with a knitting needle, or the cap from a ballpoint pen.
I remain pessimistic given the way BATF and the anti gun crowd have become tape worms in the guts of the Republic. - toad