300BlkTalk

Karen Mallard, a Virginia Democratic congressional candidate, cut an AR in half(well she cut the barrel down to like 6") and now the ATF is investigating. She said "she wanted to take one gun off the street". It was her husband's gun. She denies she made an illegal weapon. She said she finished the job according to "regulations", by turning it in to the police. I didn't know you could make a SBR, with no paper work and then just turn it in . Hate to tell her but for under a $100 that gun would be back up and running.

ya i saw that.. she claims that she disassembled it (separated the upper and lower?) after cutting the barrel...


hate to break it to you Karen, being in posession of both parts without a stamped lower or a pistol lower is still federal felony, even if they're not assembled. and oh yea.. even if simply seperating the upper and the lower put you in legalville (which we know it doesnt) you left them assembled when you did the deed, so it was in fact a SBR - however briefly - so you're still guilty.


I love when dumb people film themselves committing felony's

Having a firearm with no serial number is not illegal. 80% guns have no serial number and they are plentiful. If you alter or remove the serial number from a firearm, then that is illegal.

rlandry6 wrote:Having a firearm with no serial number is not illegal. 80% guns have no serial number and they are plentiful. If you alter or remove the serial number from a firearm, then that is illegal.

Having a rifle with a barrel less than 16” without a tax stamp a felony, 80% lower or not.

When you file for the stamp, manufacturers information and a serial number are required.

This has nothing to do with whether the gun has a serial number or not. I expect that it does.

nevertheless, when the RIFLE barrel was cut to less than 16 inches in length, that created an NFA regulated short barrel rifle, which is a title 2 firearm, the same as a machinegun is.

It doesn't matter what she did with the gun afterwards.

And if she didn't pay the $200 making tax, in advance, that is also tax evasion.

I know that I heard her say that her husband bought the gun "a while back".

Well, if her facebook posts are accurate, her husband only gained his citizenship a couple of weeks ago.

This would make it very questionable whether it was purchased legally in the first place.

Today was a special day for our family, my husband became a naturalized U.S. citizen. It was inspiring to see 98 people from 43 different countries become citizens of our great country. The American’s Creed by William Tyler Page was read: “I believe in the United States of America as a government of the people, by the people, for the people; whose just powers are derived from the consent of the governed; a democracy in a republic; a sovereign nation of many sovereign States, a perfect union, one and inseparable, established upon those principles of freedom, equality, justice, and humanity for which American patriots sacrificed their lives and fortune

So how did he purchase an AR15 as a non-citizen?

ATF Law:
An alien admitted to the United States under a nonimmigrant visa is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition unless the alien falls within one of the exceptions provided in 18 U.S.C. 922(y)(2), such as: a valid hunting license or permit, admitted for lawful hunting or sporting purposes, certain official representatives of a foreign government, or a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

Virginia state law:

In addition, no dealer shall sell, rent, trade, or transfer from his inventory any assault firearm to any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence.

https://law.lis.virginia.gov/vacode/tit ... 2-308.2:2/



edit:

sorry, dellet and I were typing at the same time.

It probably varies from State to state. I live in Texas and an indoor range and retail store I worked at sold firearms to non citizens on a regular basis. All that was required was proof of residency for a certain period of time, such as a copy of a utility bill.

Resident alien/green card holder for federal, state laws may differ.
,

rlandry6 wrote:It probably varies from State to state. I live in Texas and an indoor range and retail store I worked at sold firearms to non citizens on a regular basis. All that was required was proof of residency for a certain period of time, such as a copy of a utility bill.

how exactly did they pass the 4473? something isnt adding up.... theres gotta be more to this story. or do you no longer work there because they were shut down by the BATFE?


edit: are you referring to legal resident non-citizens? i'll admit i'm confused by the language you chose.

plant.one wrote:

rlandry6 wrote:It probably varies from State to state. I live in Texas and an indoor range and retail store I worked at sold firearms to non citizens on a regular basis. All that was required was proof of residency for a certain period of time, such as a copy of a utility bill.

how exactly did they pass the 4473? something isnt adding up.... theres gotta be more to this story. or do you no longer work there because they were shut down by the BATFE?


edit: are you referring to legal resident non-citizens? i'll admit i'm confused by the language you chose.

Think about the bottom of a 4473. The complete section for non U.S. residents to fill out, asking for an ID number.
https://www.fbi.gov/file-repository/ffl ... s.pdf/view

Link fixed for file

I turned it over to the store manager because I wasn't sure how to handle it. She required three months of utility bills to establish permanant residency. I don't know the minutia of the whole thing, but it did go through and he was able to purchase the firearm.
And no, they were not shut down by the BATF, the business sold to a gun range chain based somewhere in Arizona.