Bob Owens

The saddest truth in politics is that people get the leaders they deserve

Why isn’t former astronaut Mark Kelly in jail for gun crimes?

Written By: Bob - Apr• 10•13

Why isn’t former astronaut Mark Kelly, husband of former Congresswoman Gabby Giffords, facing criminal charges for gun crimes?

In March, he attempted to purchase a firearm in Arizona with a Texas-issued ID. He was denied. Thirteen days later he came back into the same Tucson, Arizona store with an Arizona ID to purchase a pair of weapons.

Interesting. There are two things going on here that I’d like to understand.

According to the ATF Form 4473, you can buy a gun in one state while having a primary residence in another state, as long as you do have a valid second residence. For example, if you have homes in Texas and Arizona, you can buy guns in either state, as long as you use the Texas address to buy guns in Texas, and the Arizona address for the guns you purchase in Arizona. That I get.

But we’re not talking about which residence, we’re talking about which ID.

Is it legal to use an ID that does not show your correct home address in an attempt to purchase a gun? It doesn’t seem to me that you can have an ID in one state that says “this is my home address,” and another ID in another state that claims “this is my home address.” Or can you?

Perhaps this is a legal non-issue, but it is certainly seems odd.

The second issue is far more serious:  after attempting to purchase an AR-15 on consignment, Kelly was outted as a hypocritical gun control advocate, testifying in Colorado against the very same firearm he an his wife have shot in the past, and which he was trying to buy in Arizona. Kelly then (improbably) claimed he was purchasing the firearm to show “how easy it is,”  and that he was going to purchase the gun and turn it over to a local police department.

That’s a fun claim to unpack.

I personally suspect that Kelly was buying the firearm for himself, didn’t think anyone would notice his hypocrisy, and claimed he was “testing the system” after he was caught as an excuse to keep that sweet, sweet, lieft-wing foundation money rolling into his gun control group. After all, there aren’t too many job openings for non-famous ex-shuttle jockeys, and you take your opportunities where you can.

But Kelly instead chose to go on the record with the story that he was buying that AR-15 with the express intent on transferring it to someone else. Oops.

What was that question on the ATF Form 4473? Ah yes… 11.a.

Picture 1

It reads:

Are you the actual transferre/buyer of the firearm(s) listed on this form? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person…

Lying on a Form 4473, in attempting a straw purchase for someone else, is a federal felony that can get you ten years in prison and/or a $250,000 fine.

Mark Kelly checked “yes,” and either lied to the FBI and the gun store on his form 4473 and was committing a textbook strawman purchase, or he was caught in a huge lie that exposes him as a blatant hypocrite that attempted to purchase the very firearm he would deny others.

We deserve to know whether Mark Kelly is a criminal, or is merely a liar.

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  1. LC Scotty says:

    Can’t he be both?

  2. Klingonwork says:

    I refuse to believe a democrat, especially one who uses his emotions to advocate gun control, can be a liar or a criminal. Surely you jest sir and your suggestion he could be is repugnant and unseemly. Please get your facts straight.

    (wait a sec, gotta take a call)

    [Really? He did what? No kidding?…oh, uh-huh, hummm, OK thanks…]

    Never mind above.

    Molon Labe

  3. Comrade X says:

    Sounds like the makings of our next president!

    Death before slavery!

  4. cmblake6 says:

    There already IS that law specifically about this. He was caught breaking it. Fry him.

  5. john says:

    The short answer? Because the tools of oppression are REWARDED for their crimes unlike you or I who would be PUNISHED….. I no longer have any respect for our government, nor for our justice system. I’ll be damned if I’ll accept being deemed a criminal BY common criminals. Face facts folks, our government is populated almost exclusively by liars, thieves and cowards now.

    • I agree with John. Not only the criminals appointed by the criminals but 99% of our publicly elected sell-outs have joined this mafia kabal of the Zion. So arm up America and watch that movie of Kurt Russel I think it was called something Log Angeles where the nationalists went underground to and created a gourilla American patriots army. This could really happen in America seeing daily our shameless sold out hoaring Congressman and the Senators selling us to the Zionist cabal! God help us all!

  6. john says:

    That said, SOMEBODY needs to use their tactics against them. Get into a paid position lobbying for them and then use ALL the money earned to fight them….. Just a thought taken directly from their own playbook.

  7. gary says:

    obama and his corrupt government will protect kelly and the rest of his buddies. we the people are so sick of seeing these 2 people in the media. they are exploiting giffords shooting for their own benefit and pocket book.

  8. Kevin says:

    The elite cannot commit crimes, they give lessons.

  9. Rob says:

    To his credit, he CAN purchase long guns from another state, in person or through FFL transfer, as long as the purchase and/or possession of the weapon is legal in both states. It’s handguns that have that prohibition, they can only be transferred through FFL from out-of-state. His problem is misrepresentation of his place of residence. Your ID MUST match the place of residence listed on the 4473. If it doesn’t, the FFL will terminate the sale. Was it a case of dual residency? Could’ve been, but likely the termination was due to his writing down AZ on the form, then whipping out ID that didn’t match. Had he pulled out his ID first and put the matching addy down, he’d have been fine.

  10. mike says:

    Hi, I sell guns in AZ and I see this with ID all the time. Technically you can only accept state issued ID that has a current address in that state on it, mostly in AZ you need a state issued ID that has a current home address in the state on it and we don’t usually take ID from other states, but can under some circumstances, but you need state ID with home address in the state and showing you’ve been a resident of the state for more than 30 days.

  11. Bob Easton says:

    and sometime a few weeks ago, just after Biden got actively involved in all of this, a reporter asked a question about why there are so few prosecutions of “all of these people lying on their 4473s.” Uncle Joe’s answer was something to the effect that the gummit didn’t have time to prosecute those little problems. We gotta make new laws instead.

  12. Kerry Good says:

    As a disabled Vietnam combat vet interested in gun control I say we re-instate the draft for every 17 thru 45 year old male and female in the USA with no deferments! They will learn all the gun control they need in the Army Infantry and no more gun laws period!

  13. Steve Skubinna says:

    He is covered under the David Gregory Exemption.

  14. sprytleandchimchim says:

    The law does not apply to the Elite his dog just killed a sea lion a few weeks ago in California ! Apparently humans and dogs on leashes are supposed to stay 500 feet away from sea lions, yet his dog not only tore it to shreds, he was not cited for any violations ? It is on youtube !

  15. Don says:

    Sadly, the law no longer applies to Democrats or liberals. They can flaut the law with absolute impunity. Just look at our president. And his AG…and his DHS…his whomever bugged McConnell’s office…

  16. Dadof3 says:

    If you are allowed to give a gun as a gift to a non-felon in AZ then he did not commit a crime.

    Here is why it is not a crime. On form 4473, Page 4, Question 11a – you can read it yourself but here is the first part:

    “Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise aquiring the firearm for yourself (e.g. redeemimg the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party. …”

    It is easy to mis-understand but if you can give a gun as a gift in your state then his intention to give it to the police is not a crime.

    Unless your police are all felons. But then you have bigger problems.

    As for his actual residency I would investigate that some – it’s very curious and looks shady to me so far – but anyone can buy a gun in different state than his residency. You would have to receive it in your own state after it was shipped through FFLs and you fill out your 4473 at that point – right before you take possesion.

    I have bought guns from other states. FFLs are always involved. It’s the crossing of state lines where the Feds have their authority to get involved in the transaction.

    I can’t just buy one on vacation in another state, throw it in the trunk and drive home. Although I can buy it on vacation and have it mailed to my preferred FFL at home and have it waiting for me when I come back.

    I find it ironic I have bought 3 semi-autos from Cali. I’m thinking the market is suppressed there and the low prices reflected that.

  17. Sorry, Charlie says:

    It is illegal to purchase a gun FOR someone. It is not illegal to purchase a gun and TRANSFER it to someone. Nice try, though.

  18. Dadof3 says:

    What is the “nice try” about, Charlie?

  19. TheHolyCrow says:

    Someone once said that the Constitution is the highest law in the land. Therefore, they maintained, all laws that “infringe” on your right to own firearms, are moot. In other words, the Second Ammendment is your gun permit. Since many of my ancestors fought in the American Revolution, I tend to agree with this proposition. All these nit picking rules and regulations having to do with gun ownership are nothing but aggravating drivel put forth by BS artists who should be on trial for treason, in my humble opinion. And if in the future I should decide to arm myself with a weapon and someone would want to arrest me and fine or imprison me, then so be it. I will sick the ghosts of my ancestors upon them to make their lives a miserable hell, and will meet them at the gates of hell when their time comes. Most people, if they really tried, could buy almost any weapon they want off the street, for cash. No “purchase permit” is necessary there. And no record is left. That’s how all the criminals get their guns and you can bet that after all the law abiding gun owners turn in their weapons, the criminals will all still have theirs. That will be when the criminals in the gov will hire them to rape and pillage all the law abiding citizens. It has happened like that over and over again in recent memory. Yeah, Molon Labe, sucker.

  20. Randy says:

    The ‘double slit experiment’ covers this and proves that he can be in two places at once. Plus belonging to the elite club, he will be okay.

  21. roman says:

    As a retired military officer I think he can carry anywhere. I don’t like him but I think that’s true

  22. walt says:

    Somewhere deep down on the bottom of the archives of the laws, written in Latin perhaps, in micro print, are the words “Exempt” -for politicians and their constituents.
    They don’t mind making laws this way.

  23. Mark Are says:

    He couldn’t have broken the law, because it states THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED. And ANY LAW REPUGNANT TO THE CONSTITUTION IS NULL AND VOID. Marbury Vs Madison. The “law” he would have been tried under is in violation of SHALL NOT BE INFRINGED. Plain and simple.