Ex-Palm Valley (police) officer gets prison over gun sales (TX)

[davepc]

A South Texas lawman who illegally sold guns has been sentenced to more than two years in federal prison.

A federal judge in Brownsville on Thursday sentenced 37-year-old former Palm Valley police Officer Ramon Martinez to 29 months in prison.

Martinez in October pleaded guilty to dealing firearms without a license.

Investigators say Martinez in 2007 bought firearms from licensed dealers and private citizens, then resold them for a profit while he was a police officer.

Some of the weapons were recovered in Mexico and traced to Martinez.

http://www.chron.com/disp/story.mpl/ap/tx/6296081.html

[Redneck Socialist]

1. Anyone have anymore information on this?

How many guns to you have to sell before you are considered a "dealer?"

[The Microbe]

2. about 1 a month over a period of time can get you in trouble.

I've read of a case of about 15 guns in as many months getting someone arrested a few years ago. It was a bit surprising.

I think it comes down more to the intent: If someone is buying and selling to turn a profit, they're a dealer and better be licensed.

[pipoman]

3. I know 3

retired guys who spent their working years collecting guns and buying unusual configurations of new guns (for example one guy had 3 S&W Model 296 which he bought new when they first came out, they proved to be quite a good investment). They now sell them off for retirement income without an FFL, they don't actively buy any longer. All three have been visited by BATFE who they invited to look at their collections and were open with the agents. In all 3 cases, if they don't personally know the person they are selling to they go to the local pawn shop and have the broker transfer through NICS, none have ever had a problem with BATFE even tough they advertise in local newspapers. OTOH I was recently reading about a guy locally who has been advertising to buy guns and bargain shopping at pawn shops/gun stores, then reselling for a profit, who was arrested. I think as long as you can demonstrate that you are simply liquidating personal property and are not obtuse with law enforcement inquiry, there is no problem. I think if I were going to sell weapons which I had collected I would at least get a C&R FFL just to document my status as a collector. If I were going to bargain shop then sell I would jump through the whoops to get an FFL...

[Redneck Socialist]

4. So the standard is whether or not the ATF agent got up on the wrong side of the bed that day?

That's a little scary.

[pipoman]

5. Oh, I don't know,

maybe. I really think that is often the case with criminal prosecution. I think it does come to intent, collateral evidence of illegal activity, and chances of successful prosecution by a US Attorney. It would be much more difficult to convict some old guy selling off his lifelong collection who apparently was trying to insure against selling to ineligible buyers than to convict a guy who is actively trying to buy used guns then reselling them shortly after for a profit.