Antigun leader makes strawman buy
Gun Owners' Action League has the story. John Rosenthal, of Stop Handgun Violence and American Hunters and Shooters Association, went on a radio show to discuss his latest anti-NRA billboard, and in the process explained how he'd made a straw man purchase at an out of state gun show, after licensed dealers refuse to sell to him.
Not that he'd have to worry about prosecution, of course. Which is why he felt free to confess to a federal felony over the radio. Oh, and the Boston Globe paid for the buy.
[UPDATE: the theory of a strawman sale is (1) if the ultimate recipient is not able to buy (here, he's a nonresident), then he has made an illegal purchase through the use of a third party and (2) whether he's an illegal buyer or not, he's a party to making a false record in connection with a firearms purchase (getting the straw man to fill out the 4473 claiming that he is the purchaser), which is likewise a felony. (2) is even clearer today, when, as I recall, the 4473 form has a clause specifically asking if you are buying for someone else.]
Is there still such a thing as Citizen's Arrest any more, Counselor? It would seem that this would be the way to go.
In a liberal place, the arrest would probably be refused, but the ultimate appellate hearings might be very instructional.
Posted by: Rivrdog at July 10, 2007 06:53 PM
GOAL (Gun Owners Action League of Massachusetts)the Ma. NRA affilliate, and the NRA should demand that the US Attorney for New Hampshire, Thomas P. Colantuono
, impanel a grand jury to investigate and prosecute John Rosenthal of Stop Handgun Violence and American Hunters and Shooters Association and Steve Bailey of the Boston Globe. What they did is simply beyond the pale and they should be brought to task along with their accomplis. I tried to get the audio or a transcript from WRKO but was unable to at the present time to hear/see for myself what Rosenthal had said. I'll post a link as soon as I get it.
Posted by: Greg Lyons at July 10, 2007 06:56 PM
How can it be a crime if he isn't a prohibited person?
Posted by: Jim W at July 10, 2007 08:35 PM
Unless MA has some sort of law against private party transfers. Do they?
Posted by: Jim W at July 10, 2007 08:36 PM
Oh wait, he went out of state to buy a pistol, that is actually a felony. Yeah, why the hell isn't he being prosecuted?
Posted by: Jim W at July 10, 2007 08:36 PM
HE needs to be arrested bottom line.
some one needs to pertition the United States Assistant Attorney for Boston
send it to him certified mail
Posted by: Eric Schultz at July 11, 2007 11:58 AM
The third party is also guilty of the same crime and the Boston Globe is guilty of at the least conspiracy to commit a federal felony. They need to be brought before the bar.
My prediction, because they are laying groundwork for our wannabe masters, none will face charges.
Posted by: straightarrow at July 11, 2007 12:21 PM
The crime took place in NH so I guess that it would be the NH US Attorney that should bring the charges. Rosenthal and Bailey are MA residents, the straw man is alleged to be a NH resident.
Posted by: Greg Lyons at July 11, 2007 04:11 PM
I'm no lawyer but I see gun owners coming out ahead in any case.
One way, these people get prosecuted and the public sees that there are, in fact, gun laws that are enforced despite what Mr. Rosenthal & the Boston Globe assure us. If the ATF has any brains, they will be drawing up the arrest warrant now.
Alternatively; a defense attorney can now claim that the ATF has administratively nullified the law by failing to prosecute these people who have publicly violated the law and testified to that effect in a public forum. By doing so, they have instructed & encouraged his/her client how to do so.
The government can claim that Mr. Rosenthal & the Boston Globe were acting in their interest but charges of working with the Bush administration will damage the Boston Globe's reputation among the liberati and expose collusion by elements of the government attempting to influence legislation.
Rather demanding prosecution, I might suggest a letter to the U.S. Attorney & maybe the head of the ATF thanking him for nullifying this odious law which has been so regularly abused by federal agents and asking when he will be releasing anyone prosecuted solely under these provisions as well as how the U.S. government intends to compensate these people.
Don't you just love a good mess!
Posted by: Jerry in Detroit at July 12, 2007 04:47 AM
It is a Federal Felony Crime with a penalty of (10) years plus monetary fine, to take part in a "straw buy". The ATF is obligated to prosecute the people involved if the law is to be inforced. If they don't prosecute they will be setting a precedent.
Posted by: M Ullstrup at July 14, 2007 02:45 PM
I think Rosenthal and his partners in crime should have their day in court. After being charged, given their Miranda, fingerprinted and booked. And I so hope where they are processed have a very thorough search procedure. A guy like that might just try to smuggle in some dope just to prove he can.
Posted by: Don Lynch at July 16, 2007 08:36 AM
Question Is. Is Anyone Going To Do Something About This? Or As Usual Are We Just Going To Gripe And They Get Off Scott Free. Scott Free I Assume. Just Ask Sarah Brady. She Did It Too. Nothing Happened. I Have Been Demanding She Be Arrested. But I Am Only One Person. We Need To Take These Criminals To The End Of The Earth. They Would Do More Than That To Us.
Posted by: Jim Styer at July 28, 2007 03:36 PM