Buffalo Idiot gets busted for possessing a machine gun

[Justincase]

Idiot must've bragged a bit too much. Not to mention he had his guns all over the place. I have two guns waiting for me at that FFL. He's a great guy and hate to see him dragged into this. No wonder my SXP couldn't be delivered Monday.

Buffalo Man Charged With Possession Of A Machinegun

 

[C3D]

I'd like to read the complaint as it seems there is a lot more going on here than set out in the press release. "Parker may have purchased a noncompliant AR-15 style rifle in North Carolina"

Is ATF tracking out of state rifle purchase for violation of NYS law?

 

[BuffNiag]

I'd like to read the complaint as it seems there is a lot more going on here than set out in the press release. "Parker may have purchased a noncompliant AR-15 style rifle in North Carolina"

Is ATF tracking out of state rifle purchase for violation of NYS law?

Sounds like NYSP tipped off ATF.

 

[Justincase]

Sounds to me that he babbled to someone who babbled to someone else and there you have it

 

[MikeyCNY]

I feel so much SAFEr.

 

[Podmonkey]

Machine Guns:


NOT MACHINE GUNS:

Automatic or not the latter are are merely rifles.

And the ATF can go stuff itself with their BS definition. If it doesn't have at least some provision for sustained fire, a machinegun it ain't.
I would say at a minimum a gun needs, as compared to a basic infantry rifle, a thicker barrel, also generally longer, a bipod and some kind of extended capacity ammunition supply.
Personally for me, if it doesn't also have a quick change barrel it's not a proper machine gun.

 

[Marine Cpl]

Wait I thought the police here in NY were on our ....... Nevermind. Fake news.

 

[BDinPutnam]

Somebody is going to be popular in the machine shop in prison.

 

[Shadow2]

Is he a prohibited person? Any proof he was about to commit a crime? NO Intent to harm anyone's person or property, NOT GUILTY, Carry on with life .. This is what the framers intended, put me on the jury.

 

[GOPerfect]

Is he a prohibited person?

Yes, very much so!

 

[Acer-m14]

"Law enforcement officers subsequently tested the rifle at a firearms and determined that the rifle functioned as a fully automatic machinegun. A records check also determined that the machinegun was not registered to the defendant."

HUH!!! at a WHAT !! ???


now what .. ??? LOL ..

 

[Eddie Gunks]

“He voluntarily turned over guns to the ATF......”

DUMBASS!!!!

People are so stupid.

 

[Podmonkey]

I am curious, is this a machinegun?

Seem a bit beyond a machinegun but I am not really sure if it is in that category or not.

 

[SomeSoldier]

"Law enforcement officers subsequently tested the rifle at a firearms and determined that the rifle functioned as a fully automatic machinegun. A records check also determined that the machinegun was not registered to the defendant."

HUH!!! at a WHAT !! ???


now what .. ??? LOL ..

That dude needs to work on his stance. And your fucked, disassemble and give to a gunsmith to fix or destroy.

 

[Justincase]

This is the tracking notification i got for Monday. I assume the exception is for the holiday? I hope. Not sure what 'local delivery restriction' means.

Says they will try again today.

Monday , 11/12/2018
3:46 pm
BUFFALO, NY
Delivery exception
Local delivery restriction - Delivery not attempted

 

[Bananabandit]

This is the tracking notification i got for Monday. I assume the exception is for the holiday? I hope. Not sure what 'local delivery restriction' means.

Says they will try again today.

Monday , 11/12/2018
3:46 pm
BUFFALO, NY
Delivery exception
Local delivery restriction - Delivery not attempted

Depends on business. Some were open, some were closed. Well local means in close proximity, delivery means brought to you and restriction means not allowed/regulated.

 

[Phazer]

Buffalo Man Charged With Possession Of A Machinegun

Well...that provided absolutely no information.

 

[Phazer]

"Law enforcement officers subsequently tested the rifle at a firearms and determined that the rifle functioned as a fully automatic machinegun. A records check also determined that the machinegun was not registered to the defendant."

HUH!!! at a WHAT !! ???


now what .. ??? LOL ..

Holy crap! THAT was a dangerous situation! The new shooter was absolutely not ready for the auto burst, was wild with his muzzle management (almost shooting the instructor on the left), and stepped backwards out of the port. Damn!

 

[speedkills27]

Correct me if Im wrong but I thought it was illegal to purchase an item prohibited in your state of residence in another state?

 

[@thewheels]

Correct me if Im wrong but I thought it was illegal to purchase an item prohibited in your state of residence in another state?

On the federal level It is.
I'm thinking whatever this guy bought, he bubba'd it to make it FA if this article is correct.

 

[tapper3]

Correct me if Im wrong but I thought it was illegal to purchase an item prohibited in your state of residence in another state?

Probably a private, non-dealer purchase. I spend some time in NC and private sales seem to be pretty casual. Or so I hear. But dealers don't play. An out of state resident is not going to be able to buy any kind of gun from a NC dealer to just take home. Not if the dealer wants to remain a dealer. They want to see NC ID when they make a sale.

And one dealer I talked with down there would not even ship a gun to a NY dealer. Said he didn't know the stupid fucking NY laws, didn't want to know the stupid fucking NY laws, and would not ship ANY kind of a gun to NY.

When ATF gets done tracking the gun that supposedly came from NC there's gonna be some door knocking and 'splainin' going on down there.

 

[speedkills27]

Probably a private, non-dealer purchase. I spend some time in NC and private sales seem to be pretty casual. Or so I hear. But dealers don't play. An out of state resident is not going to be able to buy any kind of gun from a NC dealer to just take home. Not if the dealer wants to remain a dealer. They want to see NC ID when they make a sale.

And one dealer I talked with down there would not even ship a gun to a NY dealer. Said he didn't know the stupid fucking NY laws, didn't want to know the stupid fucking NY laws, and would not ship ANY kind of a gun to NY.

When ATF gets done tracking the gun that supposedly came from NC there's gonna be some door knocking and 'splainin' going on down there.

if it was a private dealer how did this dude get on ATF radar? Im thinking a dealer in NC sold a gun to someone they shouldn't have, which set off some ATF flags. Then after the dude confesses and turns in all his guns they find the "machine gun"

 

[speedkills27]

On the federal level It is.
I'm thinking whatever this guy bought, he bubba'd it to make it FA if this article is correct.

which would explain the federal charges but got a feeling the initial visit was due to an illegal out of state purchase.

 

[tapper3]

if it was a private dealer how did this dude get on ATF radar? Im thinking a dealer in NC sold a gun to someone they shouldn't have, which set off some ATF flags. Then after the dude confesses and turns in all his guns they find the "machine gun"

The way the press release reads is "the Bureau of Alcohol, Tobacco, Firearms, and Explosives received information from the New York State Police that Parker may have purchased a noncompliant AR-15 style rifle in North Carolina."

Now, how the NYSP came by this information and came to believe this to be factual is not spelled out but in such a case the normal procedure would be for the NYSP to request a trace of that serial number to be done by the ATF. And it sounds like the trace came back to a last known retail sale being in NC.

The release says Parker may have purchased the gun in NC. It doesn't say who he purchased it from -- a FFL dealer or a private NC resident (who had previously purchased it from a NC FFL dealer).

All the ATF trace will show is the gun went from the factory to a distributor and then to a FFL dealer. The factory names the distributor, the distributor names the FFL dealer it was sold to. The ATF then calls the dealer and asks who the gun was sold to. The dealer checks his records and gives the ATF that information.

So, one of two things happened. The FFL dealer in NC sold to someone (Parker) that was not a NC resident -- dealer broke the law (unless he got defrauded by Parker) and will probably lose his FFL plus maybe criminal penalties.

Or the dealer sold it in a legal manner to a NC resident who then later, in a private transaction, sold it to Parker who was not a NC resident -- resident broke the law and I have no idea what the penalty is for that.

 

[Justincase]

What about the possibility that he altered it himself after the fact?

 

[speedkills27]

Maybe my reading comprehension is at a 3rd grade level but i feel like they're talking about 2 different rifles. One that was purchased in NC, and one (the full auto) that was discovered upon investigation of the first?

...or Im totally reading it wrong...

 

[tapper3]

Maybe my reading comprehension is at a 3rd grade level but i feel like they're talking about 2 different rifles. One that was purchased in NC, and one (the full auto) that was discovered upon investigation of the first?

...or Im totally reading it wrong...

No, I think you got it right. That's the way I read it, too. The "fully automatic machinegun" came from a West Seneca, NY gun shop although the gun shop owner "did not believe" it was that way when he transferred it. LOL



I can just envision Forest Gump sitting on a bench waiting for his bus to come by and chatting with some nice lady.

"Mama always said you can never have too many guns and I just got this nice one that I bought down there in North Carolina. I probably shouldn't have done that cuz it's not really legal but only my closest friends know about it."

The nice lady walks away and makes a phone call. And - just like that - a nice ATF agent takes her place on the bench.

Forest goes on to say, "Oh yes, I have this nice gun that I just bought from a fellow down there in North Carolina. It's almost just like the one I had when Bubba and I was in the war in the jungle over there in that South Viet Nam. Of course, they gave me the gun I had in the jungle. I didn't have to buy it with my own money like the one I got down there in North Carolina.

"But, since you are asking so many questions about all the guns I have, I should tell you that I do have one gun that is pretty much the same as the one they gave me over there in South Viet Nam when I was in the jungle with Bubba and Lieutenant Dan. This one shoots really fast, too, but I didn't get this one down there in North Carolina, I got this one from a nice fellow up here in West Seneca.

"And isn't it interesting that I seem to have had guns from all the different directions in this big old world? North Carolina and South Viet Nam and West Seneca. Now I just need to get one from East Somewhere. Mama would like that, she always said I was real smart.

"And you know what else she always said? Mama always said 'Stupid is as stupid does' and she wanted me to always remember that."

And - just like that - a car pulls up and Forest misses his bus.

 

[speedkills27]

No, I think you got it right. That's the way I read it, too. The "fully automatic machinegun" came from a West Seneca, NY gun shop although the gun shop owner "did not believe" it was that way when he transferred it. LOL



I can just envision Forest Gump sitting on a bench waiting for his bus to come buy and chatting with some nice lady.

"Mama always said you can never have too many guns and I just got this nice one that I bought down there in North Carolina. I probably shouldn't have done that cuz it's not really legal but only my closest friends know about it."

The nice lady walks away and makes a phone call. And - just like that - a nice ATF agent takes her place on the bench.

Forest goes on to say, "Oh yes, I have this nice gun that I just bought from a fellow down there in North Carolina. It's almost just like the one I had when Bubba and I was in the war in the jungle over there in that South Viet Nam. Of course, they gave me the gun I had in the jungle. I didn't have to buy it with my own money like the one I got down there in North Carolina.

"But, since you are asking so many questions about all the guns I have, I should tell you that I do have one gun that is pretty much the same as the one they gave me over there in South Viet Nam when I was in the jungle with Bubba and Lieutenant Dan. This one shoots really fast, too, but I didn't get this one down there in North Carolina, I got this one from a nice fellow up here in West Seneca.

"And isn't it interesting that I seem to have had guns from all the different directions in this big old world? North Carolina and South Viet Nam and West Seneca. Now I just need to get one from East Somewhere. Mama would like that, she always said I was real smart.

"And you know what else she always said? Mama always said 'Stupid is as stupid does' and she wanted me to always remember that".

And - just like that - a car pulls up and Forest misses his bus.

 

[subsonic]

Correct me if Im wrong but I thought it was illegal to purchase an item prohibited in your state of residence in another state?

On the federal level It is.

Can you point to a source for this? I know to buy a firearm as a nonresident you have to go through an FFL, and to get a handgun it has to go to an FFL in your home state, so obviously you can only get handguns through your home state process.

But there's really a federal law that if I want to get a long gun or a magazine that is legal in a state where I own or rent property, I can't if it isn't legal in New York, even if I never bring it back here? This I would like to know.

Edit: Google is my friend, 18 USC 922 "(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States),"

Have to dig more about magazines but that's clear about firearms.

 

[Eddie Gunks]

.

But there's really a federal law that if I want to get a long gun or a magazine that is legal in a state where I own or rent property, I can't if it isn't legal in New York, even if I never bring it back here? This I would like to know.

Yes. Really a law.

Based on the ID you show, the FFL can only transfer you a gun that is legal in the state you are buying in, AND can only transfer you a gun that is legal in the state that your ID states you are from.

So the gun must be legal in both states.