Jared Loughner DID NOT legally obtain a gun
Wow, actual-fact based reporting. Somebody call Dupnick.
In news story after news story, I see the claim over and over again that Jared Loughner legally obtained his Glock 19 9mm handgun from Sportsman’s Warehouse on November 30th, 2010.
This is false. Jared Loughner obtained his gun by means of a felony.
Allow me to explain.
Sportsman’s Warehouse is a Federally licensed firearm dealer (FFL). They are required to obtain an ATF form 4473 for every firearm transaction they have. This form captures personal data about the purchaser, and that data is then used to preform a NICS (National Instant Criminal System) background check.
Jared Loughner lied on this form.
Question 11 – E on the current ATF Form 4473 is as follows:
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance?
ATF Form 4473
Loughner MUST HAVE answered “No” to this question in order to process the background check.
ATF Form 4473 continues:
I certify that my answers to Section A are true, correct, and complete. I have read and understand the Notices, Instructions, and Definitions on ATF Form 4473. I understand that answering “yes” to question 11.a. if I am not the actual buyer is a crime punishable as a felony under Federal law and may also violate State and/or Local law. I understand that a person who answers “yes” to any of the questions 11.b through 11.k is prohibited from purchasing or receiving a firearm unless the person also answers “yes” to question 12. I also understand that making any false oral or written statement or exhibiting any false or misrepresented identification with respect to this transaction is a crime punishable as a felony under Federal laws, and may also violate State and/or local law. I further understand that the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of law.
Sporstman’s Warehouse did exactly what they are supposed to do. Accept the application as sworn statements, and run the background check (NICS) in good faith. They did just that.
Jared Loughner is the criminal, and was the day he bought the gun.
More laws is not the answer. Criminals do not follow the law.