Illegal gun seller sentenced to 18 months in jail (assault revolver)

[thirty-thirty]

Illegal gun seller sentenced to 18 months in jail
Published on January 10, 2007

By Kate Leckie
News-Post Staff

FREDERICK -- David Ruvin Vaisman voluntarily gave up firearms valued at more than $200,000 seized from his residence in April 2005, but the Adamstown man still will serve jail time for violating Maryland gun laws.

On Tuesday, Frederick County Circuit Court Judge G. Edward Dwyer Jr. sentenced Vaisman, who turns 46 today, to 18 months in the Frederick County Adult Detention Center for four misdemeanor gun violations.

Judge Dwyer crafted the sentences so that Vaisman could be sent to prison for 8 1/2 more years if he violates conditions of three years of supervised probation after his release.

Maryland Assistant Attorney General Clarence E. Goetz had recommended Vaisman serve five years in the Maryland Division of Correction.

Mr. Goetz, head of the attorney general's firearms trafficking unit, prosecutes those arrested under Operation Crime Gun, an initiative launched by former Maryland Attorney General J. Joseph Curran Jr. to crack down on gun trafficking and illegal handgun purchases, spokesman Kevin Enright said.

Operation Crime Gun targets individuals and dealers who illegally distribute firearms or are the source of guns later found to be linked to violent crimes, according to the attorney general's Web site.

Seized from Vaisman's residence were a broad range of weapons including assault handguns. Among the weapons were at least one Colt Cobra and at least one Colt Diamondback.

During sentencing Tuesday, Judge Dwyer declined to impose fines of $25,500, recognizing Vaisman's forfeiture of 143 guns removed from his residence in the 5700 block of Mountville Road.

Vaisman's wife, Margarita, also told the court she would not seek to have any of the seized guns returned to her. Some of the guns taken were her property, she said.

Indicted by the Frederick County grand jury in December 2005 on 24 charges, Vaisman agreed to plead guilty to four crimes, Mr. Enright said: selling registered firearms without a license; illegally engaging in the sale of firearms at a gun show without a license; possession of an assault pistol; and possession of stolen property.

Vaisman's punishment was left up to the court.

Judge Dwyer granted the request of defense attorney Alan L. Winik to allow Vaisman to participate in work release. The judge also delayed imposition of Vaisman's sentence until next week.

Mr. Winik said his client did not willfully violate Maryland gun laws.

"This case involves Mr. Vaisman's failure to properly perform paperwork and administrative functions required by firearms laws," he said.

Vaisman declined to address the court.

 

[walking arsenal]

Assault handgun???

What the heck is an assault handgun??

I suppose they added the word "assault" to make it seem extra deadly.

Kinda like if you say, i dunno "Assault spoon". It's a regular spoon, but it has a higher capacity so it makes people extra fat when they use it to eat icecream with.

Gad, i'm out.:banghead:

 

[Standing Wolf]

Seized from Vaisman's residence were a broad range of weapons including assault handguns. Among the weapons were at least one Colt Cobra and at least one Colt Diamondback.

Poisonous, no doubt.

 

[thirty-thirty]

An assault handgun is like a Colt Cobra or Colt Diamondback that fires armor piercing .22 lr or 38 special rounds. These evil guns are specially made for killing peace officers.


Thank goodness the State of Maryland has seen fit to protect our children from this evil man.

 

[Beagle-zebub]

Wow. I'm sure Maryland is a much safer place with one less 46 year-old firearms salesman on the streets. No longer will this fiend menace his customers by selling them weapons and not properly documenting it. :banghead:

Seated between NJ, MD, and Philadelphia, I'm amazed that Delaware hasn't adopted comparably idiotic firearms laws.

I thought the mentions of the Colt revolvers were amusing, since I could discern no reason for inclusion other than to either give the appearance of journalism by giving this useless data that could be mistaken for jargon, or to scare readers with the snake names that Colt gave those pieces. So much for journalism.

 

[greener]

the Cobra and Diamondback must have been assaulting his Desert Eagle.

The press release didn't say what he was sentenced for: illegal sales, gun that ended up in a crime, or just having more than Maryland thought he should have?

 

[Hkmp5sd]

143 guns with total value of $200,000+ ???

The press release didn't say what he was sentenced for

Vaisman agreed to plead guilty to four crimes, Mr. Enright said: selling registered firearms without a license; illegally engaging in the sale of firearms at a gun show without a license; possession of an assault pistol; and possession of stolen property.

Don't forget, Maryland is one of those states with an "approved" list of firearms they allow their citizens to own.

 

[mrwiggins]

i doubt

a criminal or anyone other than a collector or someone with money would be buying colts. in other words, criminals use cheap guns that they don't mine losing/throwing away

 

[wooderson]

Someone has written a letter to the editor explaining exactly what a Colt Diamondback is, right?

It's not gonna be printed, but at least there's some small chance...

 

[Monkeyleg]

Please tell me that there's more to this story than what I just read.

I know that Maryland is a nightmare for gun owners but, on its face, this seems too over the top.

 

[Zoogster]

Quote:

Seized from Vaisman's residence were a broad range of weapons including assault handguns. Among the weapons were at least one Colt Cobra and at least one Colt Diamondback.

Poisonous, no doubt.

That was great!
Some people are seriously rabid anti gunners. We have deadly snake named revolvers cited specificly, yet 143 guns were taken. Is it a bad thing or a good thing they don't even bother to research the type of firearm and see if it has more or less 'evil' mechanical capabilities? Luckily he didn't have a Black widow, or maybe a scorpion!(that really would be illegal)
Almost makes you want a production gun line of 'assault' rifles produced with all evil features and named something like the "Fluffy Bunny" or "Cute Kitten".

 

[Kali Endgame]

Those assault handguns fire a bullet as fast as you can pull the trigger. Right? And those Automatic Colt Pistol bullets go really fast.

 

[Zoogster]

Those assault handguns fire a bullet as fast as you can pull the trigger. Right? And those Automatic Colt Pistol bullets go really fast.

No the funniest part of the sensationalism is that both both guns specificly cited are 38 special revolvers not even semi-automatics, so they don't fire ACP rounds.

 

[deadin]

143 guns with total value of $200,000+ ???

The gang-bangers must be getting into a higher grade of guns. That's about $1400.00 each!

 

[Old Fuff]

Mr. Vaisman's mistake was to live in a state like Maryland, and try to enjoy a hobby related to firearms. This is something the left-wing Progressives that run things won't tolerate. It is becoming increasing clear that if one wants to have anything to do with guns they should seriously consider moving to a more friendly place. In Arizona what Vaisman did wouldn't have attracted any interest whatsoever on the part of the authorities.

In former years people frequently risk (and sometimes lost) their lives to get across the wall and escape Communist East Germany. In this country things are a lot easier and safer.

 

[MrDig]

Man I can see some indignation about the "Assualt Handgun" Term I really can, but IMHO If the guy was commiting criminal acts with firearms, his prosecution was justified. The guy probably plead to significantly reduced charges if he was able to plead out. Remember he plead guilty to posession of a STOLEN Firearm.
What you are saying otherwise is it's OK to break the law.
Hack on the language used by the prosecutors all you want but don't jump up and defend a guy for posessing STOLEN PROPERTY, especially stolen firearms.

 

[Old Fuff]

Mr. Vaisman may or may not of known that this one gun was stolen. He was apparently buying, selling and trading guns at gun shows. Unfortunately there is no way a person can check a serial number against the databases of stolen arms except if a police officer or department will do this for him - and many won't. It used to be that gun dealers could request a serial number check through a local police department or sheriff office, but even this practice isn't as common as it should be.

In Arizona when an otherwise clean individual or gun shop is found to have a stolen gun, which occasionally happens, it is picked up and returned to the original owner unless it's evidence in a crime. Nothing in the story suggests that Viasman was deliberately and/or frequently dealing stolen guns. Simply that one turned up in his fairly extensive collection and the authorities used it as an additional stick to beat him with.

 

[gm]

If he was intentionally fencing stolen property for cash, then hes an idiot and deserves his punishment.However, I dont see where it says he knowingly dealt in stolen property.


I'm inclined to think he was a collector of discontinued and no longer made pieces and someone didnt like his NUMBER of guns and how he was getting them.In maryland, its an antigun climate.


With the sensationism and glamor in this clip, The diamondback specifically,its almost funny to read the assault label if there wasnt uneducated people who would label a diamondback as such.

I'm with old fuff on this.It was another thing to beat the guy with and they used it.

 

[justashooter]

$200K is just sensationalism in reporting. they would prolly report my collexion at a cool million.

assault pistols legally sold in maryland must have been grandfathered prior to '94. he prolly had one or two that weren't in the registry by serial number. interestingly enough, the language of the relevant statute prohibits the either transfer or posession of an undocumented assault pistol. the language of the adjacent statute pertaining to assault rifles does not include the word "posession", or even "manufacture", rather, only "transfer".

thereby, in a strict sense, you can manufacture an AK47 rifle from a blank in maryland, as it is never transfered, rather manufactured. you cannot do the same in pistol form. read it yourself, and you will see that this is true. that being said, i would not want to be the test case.

when i poneered the homebending of AK flats in 2003, and published it on the net, a few "friends" asked me for advise on the subject. i referred them to the law in it's original text. they were not happy to see that someone had actually read the text, because they were actually employees of those "against things fun & entertaining" masquerading as hobbyists.

keep your friends close, and your enemies closer. know their game, and beat them at it. don't beat them too badly in the game, or the rules will change.

 

[CrazyIrishman]

Y'all have no idea what a pain it is dealing with the gun laws in Maryland aka-State of confusion!

As [strike]residents[/strike]serfs living in the Kingdom of Merry-land, we are not allowed to have concealed carry unless of course you are one of the Lords and Ladies who frolic in Annapolis and are known as politicians! Between the politicians and moronic laws we are deep in it!

Here's a little taste.......

There's an approved list of handguns.........

A list of rifles considered to be,(gasp)....ASSAULT WEAPONS!!

DEFINITELY, NO Assault Pistols! (I'm not sure how far back this goes.)

NO PRIVATE SALES of AW's(rifle or shotgun) or Handguns. "Normal" rifles and shotguns are still OK (I think)!

New handguns MUST be accompanied by fired shell casings!

Some models of AR's are regarded as a regular rifle when it comes to sales!

Other models of AR's are ASSAULT WEAPONS by virtue of the barrel NOT being a HBAR profile. You do the same paperwork for AW's as you do for handguns, pay $10.00, and wait for 7 days! In practice it can take longer!

Magazines of 20 rounds and smaller are allowed, larger ones are NOT! Apparently, magazines that hold 21 or more rounds are somehow more dangerous!

Stripped rifle receivers like AR15's are treated as an AW!

One handgun, one AW,or one AW receiver per month! I think there might be a way around this but I'm not familiar with it.

And..........NO RECIPROCAL AGREEMENT with other States CCW'S license!!

I know there's plenty more but these are the ones that come to mind.

One last thing. When it comes to the media covering most anything firearm related they ALWAYS distort the facts! They refuse to let the TRUTH get in the way!

The media probably considers a bolt action rifle and shotgun an ARSENAL!
(Watchout.....he's got a "Sniper rifle" and a "multishot" evil looking shotgun!)


HTH
CI

 

[Old Fuff]

And Mary-Land is next to Wasington D.C....

Knew there was a reason not to reside there... :banghead:

 

[joab]

Remember he plead guilty to posession of a STOLEN Firearm.

Where was that in the story? I only see that he had stolen property. That is the only crime that is a crime in any free state and the fact that it was deemed a misdemeanor suggest to me that it was not a stolen firearm, which I believe is a federal crime.
It sounds like this guy sold collectibles they Colt hasn't produced the Cobra for some time now

For those of you that don't understand ignorance n assault handgun is one that is capable of holding more than ten rounds.

I used to have a S&W 4043 it was listed as an assault gun because it held 11.
I found that when I was researching the gun, that's the only reason I know

 

[deadin]

It looks like he ran afoul of MD law, not Federal law. Unfortunately, you have to follow the rules of where you live. Either that or move. The fact that he pled guilty to all four charges tells me that they had him dead to rights under State law. (BTW "Assault Pistol" and "Regulated Firearm" are clearly defined by name and type in the Maryland statutes . So it's not like he couldn't know what he was doing. All he had to do was look.) He also admitted to the possession charge and the dealing without a license charge. (It appears that MD have their own license requirements in addition to a FFL.) By pleading guilty he didn't even try to make a statement that the laws are unjust.
I know had it been me, and I felt I had any kind of a defense at all, I sure as H*ll wouldn't have just turned over $200,000 worth of firearms. I would rather use them to pay a lawyer to fight my case, win or lose. (Unless it was so obvious that I was sunk that I couldn't find one to take the case.)(And how many lawyers can you find that would turn down $200,000 in fees?).

Sounds like he skated just a little too close to the edge and the ice broke.

 

[modifiedbrowning]

or are the source of guns later found to be linked to violent crimes,

So, under Operation Crime Gun if I legally sell a gun and it is later used in a crime I could be potentially prosecuted?
What a load of crap.

 

[ksnecktieman]

I will not consider this man guilty. The state probably took everything he had of value, when they confiscated his guns. If he had no money to hire a private lawyer, and was given a new born public defender, he may have seen he had no chance in court. IF they had proof that he was "guilty, beyond a reasonable doubt", they would have pushed for more.

If this looks like I think our system is "justice for all of the rich", then I have stated my opinion accurately.

I also think that the concept of plea bargains should be tossed out. If the cops make a charge, they should have to prove it in court. As the system works now they catch someone with enough drugs to claim he is a dealer, they charge him with drug paraphenalia, drug possesion, attempt to sell, possesion of proceeds from drug sales, no federal drug tax stamp, and drug possesion too close to a school. So, the system takes his drugs, his money, his car, and if they busted him at home, they take any thing of value from the house. If he owns the house they can take that too.
If he hires a good lawyer, and the lawyer sees absolute proof of the dealing charge sticking (just a guess? five years in prison?). The lawyer will make a deal with the prosecutor, plead guilty to any two of the misdemeanors and get 90 days in the county jail. Then they release the dealer to go and make more money so they can do it again.

Go to the jury, prove him guilty and take him off the street... Or change the laws.

The next time you look at the crime statistics look at how many times people were guilty of "possesion of drug Paraphenalia", or "possesion of burglary tools". Then try to find out what they REALLY did.