Nevada Las Vegas man charged with selling hundreds of firearms without a license

[Joe Link]

Las Vegas man charged with selling hundreds of guns without a license

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[billdeserthill]

So how was he supposed to sell them, if not on the internet?
If he is allowed to buy guns can't we presuppose he is also allowed to sell them?

 

[MadDuner]

That story reads like a complete set-up from the word go.
More like another BS "what if" story to push the mandatory background checks to brush your teeth or take a dump agenda.

In 50 years of gun ownership - I have sold a single solitary firearm to 1 person, 1 time. That resulted in ATF crawling all over me because the guy that bought it - took it to the Socialist Republik of Kalipornia, and acted stupidly. I will never sell another firearm again. When I die - my coffin is going to be one heavy burden.

 

[deplorable1]

"Mitchell allegedly sold the firearms over the internet without a license"
I don't believe there is a limit per year on how many guns an individual can buy/sell per year in NV.
If he sold to local Nevadans then I don't understand the problem. You can't control a persons actions after the sale.
If he sold on the internet and shipped to other places or sold to out of stater's, then he has a problem.

 

[billdeserthill]

"Mitchell allegedly sold the firearms over the internet without a license"
I don't believe there is a limit per year on how many guns an individual can buy/sell per year in NV.
If he sold to local Nevadans then I don't understand the problem. You can't control a persons actions after the sale.
If he sold on the internet and shipped to other places or sold to out of stater's, then he has a problem.

The article doesn't state whether he shipped the guns he sold on the internet to an FFL on the receiving end or not

 

[777Armory]

Las Vegas man charged in illegal sales of firearms that were used in crimes
Las Vegas Man Charged with Selling Hundreds of Firearms Without a License | Bureau of Alcohol, Tobacco, Firearms and Explosives

"He was charged by a federal criminal complaint with one count of dealing in firearms without a license"

Seems like he was selling weapons to criminals.


"It wasn't immediately clear how many firearms he sold through the years, but 42 were connected to crimes in the U.S. and Mexico, officials said. 'Two of the most recent recoveries were from homicide scenes in Las Vegas.'"

 

[nvshooter]

A Nevada resident can sell to another Nevada resident a firearm sans a background check. I've bought several at gun shows. The seller wanted to see my driver's license. I showed it, and that was that. If a Nevada resident was to sell a firearm to a resident of another State, then he has committed a crime. I bought an AR rifle, heavy with evil features and a stripped lower, from a high school friend. He lives in Kalipornia. He brought them here, and we did the "transfer two-step" in a dealer's establishment. Each was transferred to the dealer, who then transferred them to me. Cost me $30 for each transfer.

I would suppose the seller has the incumbent duty to ascertain that the buyer is indeed qualified to purchase via private sale. That would have to be just how the seller feels about the buyer, lacking any definite information as to whether or not the buyer is legally-qualified to purchase. Some would say that's a flawed system, but how is John Q. Public going to do his own background check on a buyer? Getting private information on just about anyone is nigh unto impossible these days.

 

[777Armory]

NRS 202.254 Private person authorized to obtain background check on person who wishes to obtain firearm; no fee to be charged for background check; immunity from civil liability.
1. A private person who wishes to transfer a firearm to another person may, before transferring the firearm, request that the Central Repository for Nevada Records of Criminal History perform a background check on the person who wishes to acquire the firearm.

2. The person who requests the information pursuant to subsection 1 shall provide the Central Repository with identifying information about the person who wishes to acquire the firearm.

3. Upon receiving a request from a private person pursuant to subsection 1 and the identifying information required pursuant to subsection 2, the Central Repository shall within 5 business days after receiving the request:

(a) Perform a background check on the person who wishes to acquire the firearm; and

(b) Notify the person who requests the information whether the information available to the Central Repository indicates that the receipt of a firearm by the person who wishes to acquire the firearm would violate a state or federal law.

4. If the person who requests the information does not receive notification from the Central Repository regarding the request within 5 business days after making the request, the person may presume that the receipt of a firearm by the person who wishes to acquire the firearm would not violate a state or federal law.

5. The Central Repository may not charge a fee for performing a background check and notifying a person of the results of the background check pursuant to this section.

6. A private person who transfers a firearm to another person is immune from civil liability for failing to request a background check pursuant to this section or for any act or omission relating to a background check requested pursuant to this section if the act or omission was taken in good faith and without malicious intent.

7. The Director of the Department of Public Safety may request an allocation from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the Department to carry out the provisions of subsection 5.

(Added to NRS by 1997, 825; A 2015, 1805)

While not required to perform said check, it is illegal to sell to the following parties so you best do your due diligence on the buyer before selling. Not knowing isn't a good legal defense.

• A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
• Persons who are fugitives of justice
• An unlawful user and/or an addict of any controlled substance
• A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs
• A person who, being an alien, is illegally or unlawfully in the United States.
• A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
• A person dishonorably discharged from the United States Armed Forces.
• A person who has renounced his/her United States citizenship.
• The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner.
• A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
• A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.
• Minors - NRS 202.310 Sale of firearms to minors
• NRS 202.360 - Ownership or possession of firearm by certain persons prohibited

 

[nvshooter]

That's all well and good, 777, but I read therein that the seller has the option to have a background check performed. Chances that he will do so at a gun show when I am in front of him with crisp $100 bills is negligible. I wouldn't even attempt to buy a gun if I had a criminal record. Prison time is much less enjoyable than earning an honest living...

 

[777Armory]

I hear you, all I am saying is use some common sense when selling. I dont like having the check performed and buy used 90% of the time.

 

[deplorable1]

DPS Waives Certain Background Check Fees
12/12/2017

The Nevada Department of Public Safety is offering free, voluntary background checks for private gun sale/transfers. In other words, they are waiving the $25 NICS background check fee if someone wants to sell or transfer a gun to someone.

This is being offered as a public service by the state. The botched abortion known as Question 1 invalidated the existing provision for free, voluntary background checks on private sales enacted in 2015. That system was by mail and as of 2015, literally only one person ever used it.

• These are voluntary; they are not mandatory. Voluntary means "optional." Optional means you do not have to do it.
• No, this does not mean that Question 1 is being enforced.
• Yes, you can still just transfer or sell guns like you used to do.
• "Free" means the state is not charging $25 to run the background check; the dealer can still charge $25 or whatever for their time and paper work.
• This will require a Form 4473 and the dealer is calling Carson City.
• If you have a CCW and you are receiving or buying a firearm, you still always fill out a form, but you do not have to pay $25 or wait for a background check.
• Yes, you still have to go to a dealer.
• No, you do not have to register a firearm and the ATF Form 4473 isn't registration*.

THIS is how they'll get you:
"Free" means the state is not charging $25 to run the background check; the dealer can still charge $25 or whatever for their time and paper work.

 

[Fahid Ram]

THIS is how they'll get you:
"Free" means the state is not charging $25 to run the background check; the dealer can still charge $25 or whatever for their time and paper work.

100% agree. It is useful info for me. Thaks for posting.

 

[billdeserthill]

DPS Waives Certain Background Check Fees
12/12/2017

The Nevada Department of Public Safety is offering free, voluntary background checks for private gun sale/transfers. In other words, they are waiving the $25 NICS background check fee if someone wants to sell or transfer a gun to someone.
THIS is how they'll get you:
"Free" means the state is not charging $25 to run the background check; the dealer can still charge $25 or whatever for their time and paper work.

It's gonna be up to the buyer to decide whether or not their dealer is giving out a good enough deal to make the purchase

 

[nmwabbit]

Seems the alleged suspect was using backpage as his venue for selling his guns to his customers.

18 USC 921(a)(11)
(11) The term "dealer" means (A) any person engaged in the business of selling firearms at wholesale or retail...

(21)The term "engaged in the business" means-

(D) as applied to a dealer in firearms, as defined in section 921(a)(11)(B), a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit...

Seems the government believes the alledged suspect making $58.9K in sales is activity fitting the USC's definition of a dealer!

 

[billdeserthill]

You aren't supposed to be buying guns with the express interest to resell them, but every gun everyone owns will someday be sold, or at the very least will be transferred to someone else & I'm not talking about on paper.

I think this guy (and most others) can beat the ATF on this. There is no crime in selling your property for top buck & you can decide you don't like your new gun and sell it for any reason You want to--same goes for your whole collection if You decide to dump it

It's just the same or should be, as if I decide to sell all my cars or my house or my padlock collection