SBR idiot arrested at Gun Show...

[Indy_Guy_77]

Vero Beach man accused of having an illegal weapon outside Fort Pierce gun show » TCPalm.com

FORT PIERCE — A 39-year-old Vero Beach man was arrested Saturday after being found with a short-barrel assault rifle outside a gun show at the Havert L. Fenn Center in Fort Pierce, according to a recently released arrest affidavit and a sheriff’s official.


James Mathew Kennedy, of the 1000 block of 27th Avenue Southwest, took the AR15-type rifle into the gun show, where he went to buy parts, officials said. They gave this account: The rifle had a barrel length about three inches shorter than is allowed without first going through a lengthy federal approval process.


A federal Bureau of Alcohol, Tobacco, Firearms and Explosives official identified the weapon as being illegal.


A St. Lucie County Sheriff’s Office investigator arrested Kennedy, listed as self-employed, after he left the show and went to his vehicle. He faces a charge of possession of short barrel assault rifle.

 

[shooter521]

I was sure this thread was going to be about this guy:
https://www.indianagunowners.com/fo...586-saw_my_first_nfa_idiot_at_the_1500_a.html

Hopefully a similar fate befell him...

 

[Scutter01]

Hopefully a similar fate befell him...

I'm hoping for jury nullification, personally.

 

[22lr]

What cop goes around asking for Class III paper work when he sees a 13inch barrel AR??????? I mean was the guy bragging about no paper work or something, just seems a little odd? Since im not yet a Class III member can cops just ask for you to produce your paperwork on demand? Kinda something I hadn't thought about before.

 

[IndyGunworks]

why was the atf at the gun show? me thinks they had been watching him for a while

 

[shooter521]

why was the atf at the gun show?

Are you serious? Rightly or wrongly, guns and the business of guns is ATF's domain. They are at pretty much every Indy 1500 in various capacities; some low profile, others not.

 

[VUPDblue]

What cop goes around asking for Class III paper work when he sees a 13inch barrel AR??????? I mean was the guy bragging about no paper work or something, just seems a little odd? Since im not yet a Class III member can cops just ask for you to produce your paperwork on demand? Kinda something I hadn't thought about before.

Yes they can ask. Most beat cops are not clear enough on those laws so they don't usually ask. I know an IMPD officer who stopped a robbery suspect. The suspect had a sawed-off shotgun in his posession and was summarily arrested for robbery. He was charged with poesssion of an SBS rather than robbery, as the penalty was stiffer.

 

[Indy_Guy_77]

There are probably ATF agents at EVERY gun show...

And it's MY understanding that the paperwork, or copies of the paperwork, must be presented to any inquiring LEO. But I'm not sure of this at all. I know that it's required that the paperwork (or copy) accompany the firearm / suppressor in question, but not sure on if a local LEO are responsible for that kind of thing or not.

And Shooter521, I'm smart enough to know not to duplicate a thread. I just chose my thread title carefully so as to make people THINK that I had.

Sneaky, eh?

-J-

 

[Astrocreep]

Amazing.

step 1: illegally modify your rifle
step 2: take said rifle to a building filled with cops and gun dealers
step 3: go to jail, get rifle confiscated

Good times.

 

[OneBadV8]

I was sure this thread was going to be about this guy:
https://www.indianagunowners.com/fo...586-saw_my_first_nfa_idiot_at_the_1500_a.html

Hopefully a similar fate befell him...

Yep, me too!

 

[Prometheus]

I'm hoping for jury nullification, personally.

Yep.

I'm amazed at how many people think that 3" negates the Second Amendment. Granted I'm not going to risk 10 years in prison for those 3" but at the same time I'm not going to root for some poor schmuck to get sent up river either.

What a wonderful day for American tax payers. We will spend tens of thousands of dollars to send a guy to prison just spend tens of thousands more on him being incarcerated in which time we'll lose thousands of dollars in tax revenue... all for a piece of metal being 3 inches too short.

Yeah America!

 

[22lr]

But why didnt the idiot just take it apart, boom instantly not a felon and he could have taken it to the show in complete confidence.
Its like a forward grip on a pistol, put it on and BOOM instant felon, take er off and BOOM instant good guy. What complete idiot would leave it assembled if you don't have the paper work.

 

[Indy_Guy_77]

But why didnt the idiot just take it apart, boom instantly not a felon and he could have taken it to the show in complete confidence.
Its like a forward grip on a pistol, put it on and BOOM instant felon, take er off and BOOM instant good guy. What complete idiot would leave it assembled if you don't have the paper work.

If it weren't for that pesky "constructive intent" thing, you'd be right...

 

[alfahornet]

Amazing.

step 1: illegally modify your rifle
step 2: take said rifle to a building filled with cops and gun dealers
step 3: go to jail, get rifle confiscated

Good times.

My guess, he either didn't know it was illegal or he was just outright STUPID.

 

[rvb]

There are probably ATF agents at EVERY gun show...

And it's MY understanding that the paperwork, or copies of the paperwork, must be presented to any inquiring LEO. But I'm not sure of this at all. I know that it's required that the paperwork (or copy) accompany the firearm / suppressor in question, but not sure on if a local LEO are responsible for that kind of thing or not.

-J-

Been a while since I really read up on it so take my internet rumors for what they are, but I believe it is actually NOT required that the paperwork be with the gun at all times. However, the burdon of proof is on the accused ("affirmative defense"), not the accusor... so it's in your best interest to keep copies handy. I keep originals safe as the NFRTR has been proven to not be complete (even reports of disgruntled employees destroying records before being fired or quiting).

And yes, local LEO are responsible for that kind of thing since there are state and local laws against most NFA items, most with the affirmative defense of registration in the NFRTR.

Kinda like your IN carry permit... not required to be ON you, but can prevent an arrest and siesure of the gun if accused of carrying illegally.

A real nit: The NFA forms are actually tax docs, so technically you don't "have" to share with anyone (incl LEO) other than ATF agents... but again, it's probably in your best interest...

-rvb

NFA, unconstitutional and needs repealed.

-rbv

 

[2ADMNLOVER]

Did the guy not know the the rifle was illegal or did he just not care ?

 

[VUPDblue]

As for the making available of the forms, the law says you "...must produce upon request by an ATF agent" or something to that effect.

 

[theweakerbrother]

Yep.

I'm amazed at how many people think that 3" negates the Second Amendment. Granted I'm not going to risk 10 years in prison for those 3" but at the same time I'm not going to root for some poor schmuck to get sent up river either.

What a wonderful day for American tax payers. We will spend tens of thousands of dollars to send a guy to prison just spend tens of thousands more on him being incarcerated in which time we'll lose thousands of dollars in tax revenue... all for a piece of metal being 3 inches too short.

Yeah America!

That's what I said in a similar thread. If I do things, I will do them the right way but I sure as ain't happy about it.

It's all about revenue through taxes, control and dominance.

TIN FOIL HAT OFF!

 

[MACHINEGUN]

What cop goes around asking for Class III paper work when he sees a 13inch barrel AR???????

IMHO.. a very good professional pro-active police officer!

Kudos to him!

 

[minuteman32]

I, too, am hoping for jury nullification, too. Never made any sense why some guns are deserving of registration and a $5, $200, or $0 tax, along with all of the other restrictions, as well. If it's a right (and it is) then it should not be restricted. Just my $.02 worth.