On March 26, 2013, Breitbart News reported that Mark Kelly was denied an AR-15 purchase by Tucson, Arizona’s Diamondback Police Supply.
Diamondback store owner Douglas MacKinlay made clear he was denying Kelly the rifle because he was concerned Kelly was not purchasing the gun for “his own personal use.”
The AR-15 was a trade-in rifle, which meant there was a 20-day hold before the firearm could be transferred to someone else. Kelly wanted it, but in between the time he spoke for it and the time he could have taken possession of it, he went on CNN to suggest he was not keeping the gun for himself. Rather, he planned to give to the Tucson PD. Moreover, Kelly mocked the background check for the gun during an interview with CNN’s Wolf Blitzer, describing the AR-15 as a “deadly” weapon and suggesting “public access to these [weapons] is too easy.”
It is important to note that Kelly was making clear his plans to give the AR-15 away prior to passing a background check for the rifle.
MacKinlay released a statement explaining the necessity of Kelly passing a check and Breitbart News published MacKinlay’s statement March 13, 2013:
On March 5, 2013 Mr. Mark Kelly purchased a Sig Sauer 45 caliber pistol and a Sig Sauer M400 5.56 AR style rifle from my company, Diamondback Police Supply Co. in Tucson, AZ. The rifle, having been purchased in trade from another customer, cannot be released to Mr. Kelly or any other customer for a minimum of 20 days in accordance with local ordinances. Mr. Kelly did not ask for any modifications to the rifle, nor are we making any. Once the hold period is up, Mr. Kelly must then show proper identification, complete the Federal Firearms Transfer Record (Form 4473) and successfully complete the NICS background check prior to his taking physical possession of the firearm. [emphasis added]
But Kelly’s talk of giving the AR-15 away put him in jeopardy of not passing the first question on ATF background check form 4473, which says, “Are you the actual transferee of the firearm(s) listed on this form?”
The question is followed by a warning: “You are not the actual transferee/buyer if you are acquiring the firearm(s) on behalf of another person.”
In light of Kelly’s talk of giving the gun away, MacKinlay canceled the sale. MacKinlay said:
While I support and respect Mark Kelly’s 2nd Amendment rights to purchase, possess, and use firearms in a safe and responsible way, his recent statements to the media make it clear that his intent in purchasing the Sig Sauer 5.56mm rifle was for reasons other than his own personal use.
Kelly is now running as the Democrat candidate for Senate against Sen. Martha McSally (R-AZ), and his campaign website makes clear he wants to expand background checks and empower police to seize firearms from certain people. But he is not discussing his gun control intentions during his campaign speeches around the state.
Mission for Arizona’s field organizer Angelica Carpio told James O’Keefe that Kelly “just wants to get elected first and then he wants to go further.”
She added, “[Kelly’s] trying to be elected, and then he’ll implement the measures.”
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him at [email protected]. You can sign up to get Down Range at breitbart.com/downrange.