Mark Kelly Denied 2nd Amendment Right

SmarterthanYou said:
maybe you can't count higher than 4, but there is part of the 5th Amendment that says - "nor be deprived of life, liberty, or property, without due process of law" if one is in prison, one has had due process of law. I'm quite surprised I need to tell a lawyer that shit.
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So you are argueing that the Fifth Amendment is an addendum to the Second, and that the Second can be limited if first Due Process of Law is afforded to the citizens?

Is that your argument? Can't an act of Congress be "Due Process of law"?
 
Jarod said:
So you are argueing that the Fifth Amendment is an addendum to the Second, and that the Second can be limited if first Due Process of Law is afforded to the citizens?
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no, that is not my argument. the 5th Amendment is no addendum to any other Amendment. It merely states that once having had your due process of law, your rights can be suspended for an indeterminate amount of time, such as being a prisoner due to criminal activity. Once you are released and back in a free society, your rights are no longer suspended. THAT is my argument.

Jarod said:
Can't an act of Congress be "Due Process of law"?
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no, it cannot.
 
Jarod said:
Right, but where is it stated that Kelly was denied because the Federal Govt. determined that this purchase was a straw purchase?
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I already stated a FFL may deny a purchase for any reason or no reason. For example, I as A FFL would deny a sale to you based on the fact that I do not believe you to be mentally competant.
 
Jarod said:
Right, but where is it stated that Kelly was denied because the Federal Govt. determined that this purchase was a straw purchase?
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that is part of the responsibility of the FFL, according to ATF rules and regulations. If the FFL determines that the attempted purchase may not be for the one signing the form, they may deny the purchase.
 
SmarterthanYou said:
that is part of the responsibility of the FFL, according to ATF rules and regulations. If the FFL determines that the attempted purchase may not be for the one signing the form, they may deny the purchase.
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And then where does it say that the FFL determined that th eattempted purchase was not for the one signing the form?
 
Jarod said:
And then where does it say that the FFL determined that th eattempted purchase was not for the one signing the form?
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once Mark Kelly gave a press conference and stated his intentions to deliver the weapon to someone else, that allowed the FFL to make that determination.
 
“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 Form 4473 and NICS (National Instant Criminal Background Check System) required of Mr. Kelly before he could take possession of this firearm,”


This quote does not say...Why he determined it was not in his company's best interest. Maybe it was not in his company's best interest because Kelly was using the purchase to promote BackGroundChecks.
 
SmarterthanYou said:
thought i'd post this again
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But it says right here:

“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 Form 4473 and NICS (National Instant Criminal Background Check System) required of Mr. Kelly before he could take possession of this firearm,”

That Federal Form 4473 was never filled out...

How could the gun store refuse the sale by claiming it was a "straw purchase" if the form wasn't finished?
 
ZappasGuitar said:
But it says right here:

“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 Form 4473 and NICS (National Instant Criminal Background Check System) required of Mr. Kelly before he could take possession of this firearm,”

That Federal Form 4473 was never filled out...

How could the gun store refuse the sale by claiming it was a "straw purchase" if the form wasn't finished?
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then it would seem that Mr. Kelly lied during his little press conference.
 
ZappasGuitar said:
But it says right here:

“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 Form 4473 and NICS (National Instant Criminal Background Check System) required of Mr. Kelly before he could take possession of this firearm,”

That Federal Form 4473 was never filled out...

How could the gun store refuse the sale by claiming it was a "straw purchase" if the form wasn't finished?
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Well for one, you do not need to fill out the form for the dealer to determine intent, or determine to deny a sale.
 
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