I reported yesterday that the husband of former congresswoman Gabrielle Giffords had purchased two semi-automatic weapons, including an AR-15, from Diamondback Police Supply over the weekend. Mark Kelly then proceeded to explain the purchase when caught, stating that he purchased the semi-automatic rifle to give away to police, which would make him a straw purchaser.

While we do not have a copy of the ATF form 4473 that Kelly filled out, we do assume that he was purchasing it for himself, but according to his statement on Facebook that seems to be clear that he was purchasing it for himself, until it was reported that he had in fact purchased a semi-automatic rifle.

According to the Obamafile:

If Mr. Kelly did not intend to keep the AR-15, but to give it to another, he is committing a felony by being a "straw purchaser" under current law, and he must have stated on the ATF Form 4473 that he was buying it for himself, so he committed perjury on the BATF form, also a felony.

ATF Form 4473 --Question 11a:

4473Q11a

ATF Form 4473 -- Declaration:

4473Declaration

The poster at The Obamafile asks, "Will Holder's very selective DoJ prosecutors prosecute this "slam-dunk" case?" I'm kind of doubting it since Vice President Joe Biden has already stated "We don't have time to prosecute everybody who lies" on background checks; especially if they are Democrats, right Joe? I mean look at how David Gregory got away with waving around a high capacity magazine on nationwide television and wasn't prosecuted, even though he ignored the DC police!

In either case, if Kelly picks up the AR-15 and doesn't give it to police then he is simply hypocritical. However, if he does pick it up and takes it to police and he did not state this on the ATF form then he would be guilty of a felony which is punishable fro up to five years in prison in addition to fines.

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