Gun Store Cancels Mark Kelly's AR-15 Purchase

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It is an owner's prerogative to choose with whom he or she does business, but a contract is a contract.

He refunded Kelly's money, voiding the contract. With a simple product and compensation contract that occurs in retail, that's how it works.

I have had problem customers with whom I decided I would be better off to cut my losses and refund their money than keep dealing with them. Once they've accepted the refund, the contract is void, which is the warranty in my case.
 
Kelly said:
"I don't have possession yet but I'll be turning it over to the Tucson PD when I do," Kelly wrote. "Scary to think of people buying guns like these without a background check at a gun show or the Internet. We really need to close the gun show and private seller loop hole."

I find it funny that he managed to live up to pretty much every single stereotype of the elitist anti-gunner in the course of this incident. He
  • buys a pistol and a rifle while lobbying against the 2A (guns for me, but not for average joes)
  • claims that legally buying them is too easy (we have to find a way to make this process take more time, more money, and be more of a hassle)
  • shows astounding ignorance (claiming you can just buy one over the Internet)
  • and displays ... well, I'm not even sure what to call it (plans on keeping the handgun when it was a handgun that was used to shoot his wife).

The last one shows a complete and utter lack of logic on his part. Handguns are the #1 homicide weapon in the US. More people get beaten to death using no weapon at all than get murdered with rifles (http://www.fbi.gov/about-us/cjis/uc...s.-2011/tables/expanded-homicide-data-table-8).
 
Ha. Does the article give the name of the shop? I'd like to give them some business.

ETA:

Diamondback Police Supply
It's Diamondback Police Supply, SW corner of Broadway and Kolb. Good store, I've bought a 1911 and a lot of ammo there.
 
Very simple. Kelly is a FORMER astronaut with an outsized ego to match. No more space program. Need to remain "relevant," causes giant ego to become useful idiot tool to extend 15 minutes of fame. Fits perfectly. Joe
 
^^^^^^ Bingo. Looking for relevancy, ego satisfaction, and next pay day to keep up with the elite statists that he's now running with due to politician wife.

Pilots = Big watch, small brain. Don't ask me how I know.
 
Just saw Lawrence O'Donnell's take on this - pathetic!

Lawrence read the owner's statement from a while back when folks gave him some heat - the owner said he had a right to buy, etc.

He then read the owner's current statement - sounds to me like the owner doesn't want to open himself up to ANY possible Bloomberg sting etc.
I don't blame the owner a bit - did Kelley check the box stating this firearm was for his personal use? (if so, he lied and committed a crime).

Of course, O'Donnell flat out lied and repeatedly stated the owner did not sell because he didn't like Mark Kelley's politics - nowhere in the story or in the owner's statement was anything of the sort mentioned or even hinted at!

His two guests chimed in with the usual groupthink, making fun of the store owner.

Ah yes...MSNBC...groupthink by folks that repeatedly demonstrate they're too clever by half...

If you want to see the video, check the link below and look for the 3rd video in the left column - Rejected: AZ gun shop owner cancels Mark Kelley's gun order.
http://www.nbcnews.com/id/45755883/ns/msnbc-the_last_word/
 
I saw this as a "scroll" on CNN this morning. No headline. I wonder (because I'm not a lawyer) if it is even legal to use someone's business, without expressed consent, to further a political agenda against that and similar businesses??

I must say that I'm proud of DPS for canceling the sale. The owner was able to actually take action further than just voting or writing emails/letters to support the 2A and RKBA.... And he took it. And then went a few steps farther. He's earned my respect for sure.
 
did Kelley check the box stating this firearm was for his personal use? (if so, he lied and committed a crime).

It asks if you are the actual buyer, not the end user. Perfectly legal to buy a firearm and then immediately turn around and gift it to your wife, son, cousin, etc. It is NOT legal for you wife, son, cousin or anyone else to have you go and buy the gun for them.

Think of it in simpler terms, like running to the store to buy a gift for someone, versus going there to buy something for them with their money. If buying a gift, you are the actual buyer. If buying for someone else with that some else's money, you are not the actual buyer, but a broker/middleman.

Of course, O'Donnell flat out lied and repeatedly stated the owner did not sell because he didn't like Mark Kelley's politics - nowhere in the story or in the owner's statement was anything of the sort mentioned or even hinted at!

Even if he had, denying sales or service due to a patron's political affiliation is not a crime. Race, color, gender, sexual orientation, yes, that would be discrimination. But politics is not.
 
basicblur said:
did Kelley check the box stating this firearm was for his personal use?

Kelly didn't mark any boxes on the 4473 for the rifle because he never filled out a 4473 for the rifle. The City of Tucson has a 20 day hold on used guns resold or placed on consignment with a dealer. You fill out the form when you take possession after the 20 day hold. The owner nixed the sale before Kelly came back to finish the paperwork. The only 4473 he filled out was for the handgun.

gym said:
The reason he and his wife had licenses to carry

If Kelly has a permit, then he never went through the NICS when he bought the handgun, and his whining about how "easy" it was is even more BS. In Arizona you have to go through a full criminal background check to get a permit. One of the reasons for having a permit is so you don't have to wait through another NICS when you buy a gun.
 
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