ZeSpectre
Member
NYC, Gun Dealers Both Hail Sting Ruling
So "simulated" straw purchases are legal as long as you don't take possession of the firearm?
Then I guess we can also be certain that the gun dealers did nothing wrong either because no crime was committed.
Yet Bloomberg and cronies walk away scott free and several dealers were severely impacted financially (enough that some simply closed up shop).
NYC, Gun Dealers Both Hail Sting Ruling
January 26, 2008 - 2:20am
By SARA KUGLER
Associated Press Writer
NEW YORK (AP) - City officials say a federal judge helped their lawsuit against gun dealers by ruling that there was no crime in sending undercover investigators into gun shops to try to buy weapons illegally.
But gun dealers see the same decision as support for their argument that they didn't do anything wrong.
The sting operation was conducted two years ago. It was the basis for a civil case Mayor Michael Bloomberg's administration brought against 27 gun dealers in Georgia, Ohio, Pennsylvania, South Carolina and Virginia. Bloomberg targeted shops that the city believes are responsible for selling guns traced back to crimes in New York City.
Fifteen dealers have settled and agreed to let a special master monitor their sales. Litigation continues against several of the remaining 12 in federal court in Brooklyn.
As part of the legal process, attorneys for some of the gun shops argued that the city had itself violated the law by attempting the illegal buys.
Gun rights advocates and organizations like the National Rifle Association also have complained that Bloomberg's gun sting was a criminal stunt. And the Justice Department even did its own inquiry as to whether the city was out of bounds.
But U.S. Magistrate Judge Cheryl Pollak said Friday the court had found "that the city's actions do not constitute a crime or fraud."
In the sting operation, private investigators hired by the city wore hidden cameras and attempted "straw purchases," in which one person fills out legal forms and buys a gun for someone else. The scam, prohibited by federal law, is typically employed by people who cannot own firearms, such as convicted felons.
Pollak agreed with the city's argument that the buyer's intent is the critical factor in a straw purchase. And in the purchases made by the city's investigators, the buyer did not hand over the purchased gun later.
"No 'straw' sale took place because ownership was never transferred," the judge wrote.
Bloomberg's criminal justice coordinator, John Feinblatt, applauded the decision.
"What the court has said today is exactly what we've said _ the only people who broke the law here were dealers who engaged in straw purchases," he said.
But an attorney for some of the defendants also welcomed the judge's ruling.
"Our side is getting stronger every day," said Carl Pierce. "These people engaging in these sales weren't doing anything illegal."
So "simulated" straw purchases are legal as long as you don't take possession of the firearm?
Then I guess we can also be certain that the gun dealers did nothing wrong either because no crime was committed.
Yet Bloomberg and cronies walk away scott free and several dealers were severely impacted financially (enough that some simply closed up shop).