[BangBang]

Looks like Texas is throwing Academy under the bus....

https://gatdaily.com/federal-government-passes-the-buck-on-sutherland-springs/

Don

 

[kruizer]

Well, the government has to do what the government has to do.

 

[Jake3501]

The Air Force failure to report the shooter's five infractions to the ATF and FBI database is the place I would place the blame instead of a sales clerk not understanding Colorado gun laws and reciprical agreements between states.

 

[NotSo]

Be interesting to see how this plays out. As I read it, the Feds are saying that Academy in Texas committed a federal offense by not enforcing a state law from Colorado. I'm not an attorney but I don't think this is legally permissible.

 

[brojohn]

Hmmm?.......I guess that's "par for the course"?

I'm beginning to believe that "Dumb and Dumber" might be more than just a stupid movie.

 

[mark38090]

Never ceases to amaze me what the lawyers will come up with to protect a client, in this case the feds.

 

[Czechbikr]

Magazines are not an FFL item. If the clerk had been on the ball and removed the 30 round mag from the bundle and sold the monster the gun that he was allowed to buy because the government couldn't do their job right, he could have simply gone down the street to another shop and purchased a couple of dozen 30 round magazines.

 

[glenwolde]

You mean the Feds...not Texas...I think?

No worries. Academy is big enough to take care of itself.

 

[texastaurusguy]

Sounds like a liberal San Antonio judge got carried away with legislating from the bench. I'll bet you a shiny nickel that it's overturned on appeal.

 

[Taurus1965]

Another case of the feds not doing their job and passing the blame with no accountability.

 

[Desperado]

And people wondered why I opposed the Brady Bill for many reasons.

And may I also add that a database is only as good as the data in said database? When that data is either garbage or not updated, then the database is useless.

And I put a good amount of the blame for this event happening on the Air Force, who failed to update the database. Academy did nothing wrong, IMHO. They went through the federal database to check the buyer, and found nothing to prevent the sale from going through.

Sounds to me like lawyers and an activist judge trying to find how to get money from someone with deep pockets.

 

[Czechbikr]

And people wondered why I opposed the Brady Bill for many reasons.

And may I also add that a database is only as good as the data in said database? When that data is either garbage or not updated, then the database is useless.

And I put a good amount of the blame for this event happening on the Air Force, who failed to update the database. Academy did nothing wrong, IMHO. They went through the federal database to check the buyer, and found nothing to prevent the sale from going through.

Sounds to me like lawyers and an activist judge trying to find how to get money from someone with deep pockets.

Try to buy a thirty or even a twenty round magazine from Bud's and have it shipped to CO, NY or any other Communist state.

 

[Ickthus]

Is eric holder in jail? Is hillary , comey linch, bidens, Obama or any of the deep state coup players illegally using office in jail. You are better off selling drugs than cattle or guns in this country. VIVA LA AMEROCANOS aahha

 

[MOONDAWG]

Much ado about nuthin (the suit not the shooting); it'll get thrown out eventually...

 

[CJS3]

Academy sold a gun in Texas, to a customer with a Colorado ID. I'm not sure, but isn't that illegal? I thought If you bought a firearm in another state, it had to be transferred to an FFL in your home state, before you could pick it up. Additionally, If a person lives in Texas, but doesn't have a Texas ID, isn't it illegal to sell a gun in Texas to that person? Otherwise, why can't you just buy online and have it sent to you after the online seller does a background check?

Sorry, Academy screwed the pooch, and now gets to pay. They may wind up losing their FFL because of this.

 

[Rotorflyr]

Academy sold a gun in Texas, to a customer with a Colorado ID. I'm not sure, but isn't that illegal? I thought If you bought a firearm in another state, it had to be transferred to an FFL in your home state, before you could pick it up. Additionally, If a person lives in Texas, but doesn't have a Texas ID, isn't it illegal to sell a gun in Texas to that person? Otherwise, why can't you just buy online and have it sent to you after the online seller does a background check?

Sorry, Academy screwed the pooch, and now gets to pay. They may wind up losing their FFL because of this.

Actually (barring any state law) it's perfectly legal to purchase a long gun without it being shipped to an ffl in your home state, provided the rifle is legal in your home state.

Handguns are a different story, those would have to be shipped to an ffl

The issue at hand here though was/is the magazine size not the rifle itself....

The suit is weak, they won't loose anything other then some money (a fine? legal fees? both?) over this....

Try to buy a thirty or even a twenty round magazine from Bud's and have it shipped to CO, NY or any other Communist state.

Difference is, you'd be "mail ordering it", not purchasing face to face from a clerk in a chain store, I'd be willing to wager if one were to have tried to order from Academy and have it shipped to those states the sale would either not go thru, or it would have been cancelled.

You'll also find any number of on-line retailers (typically the smaller ones) who note on their site that it's up to YOU to know your state law's regarding items purchased, as all the various law's in each state (and even in different municipalities in each state) can vary widely enough it simply isn't possible for them to know Every law.

 

[darbo]

I'm a little confused. Nothing new there!

If I drive up to GA. and buy a long gun using my FL. ID I can carry the rifle out of the store and bring it home? If that's the case then why does my long gun purchase online have to go through my FFL? I know that's kind of off subject.

From the story it looks to me like the base issue is Air Force started the ball rolling. I believe that is called the root cause.

 

[DeltaBravoKS]

I'm a little confused. Nothing new there!

If I drive up to GA. and buy a long gun using my FL. ID I can carry the rifle out of the store and bring it home? If that's the case then why does my long gun purchase online have to go through my FFL? I know that's kind of off subject.

From the story it looks to me like the base issue is Air Force started the ball rolling. I believe that is called the root cause.

If I remember correctly, the difference is buying it there versus having it shipped. I don't believe you can buy a rifle "mail order" and have it shipped to you, unless you have the appropriate license (thank you Lee Harvey Oswald). You can show up and buy it. Of course, handguns are a totally different story.

What I don't understand is the article itself. They're not blaming Academy for a lack of information in the background check database, they are blaming Academy for failing to follow federal law. I don't see this getting thrown out, but I do see it causing retailers to stop selling to out-of-state residents. I guess if you're in the USAF and want to buy a firearm, you'd better go back to your home state or chose from the large selection of guns at the BX.

 

[JimmyA]

That isn't cool at all. The flipping socialists are at work again trying to eliminate the second amendment.

This is the kind of action that should lead to heightened awareness that we are all in danger of losing our rights as citizens of the United States.

 

[taurustoter]

This is why the government cannot be trusted with such things. It is too inept. Even if their intentions are legal and Constitutional, they will eventually find a way to screw it up.