Mark Kelly Denied Gun Purchase in Arizona

Arms safety advocate and husband of Congresswoman Gabriel Giffords, Mark Kelly, has just been denied an AR-15 that he attempted to buy from an Arizona gun store.

The owner of Diamondback Police Supply, Doug MacKinlay, recognized that Kelly’s purchase would be illegal, based upon Kelly’s statements to the press. Kelly went into the gun store to purchase the firearm in order to demonstrate the ease with which he could obtain a gun.

Kelly stated that he would be purchasing the firearm to then hand it over to the Tucson Police Department during an interview with Wolf Blitzer, in which Blitzer questioned Kelly using information obtained by conservative news website Breitbart.com.

Federal law prohibits an individual from purchasing a firearm on behalf of another. However, a person may purchase a firearm for another if one is “legitimately purchasing the firearm as a gift for a third party.” Additionally, one may not purchase a firearm as a gift for another who is not eligible to own a firearm as prohibited under U.S.C. §922(g), (n), or (x).

On the company’s Facebook Page, Mr. MacKinlay announced,

“While I support and respect Mark Kelly’s 2nd Amendment rights to purchase, possess, and use firearms in a safe and responsible manner, his recent statements to the media made it clear that his intent in purchasing the Sig Sauer M400 5.56mm rifle from us was for reasons other then for his personal use. In light of this fact, I determined that it was in my company’s best interest to terminate this transaction prior to his returning to my store to complete the Federal From [sic] 4473 and NICS background check required of Mr. Kelly before he could take possession this firearm. A full refund was sent to Mr. Kelly, via express mail, on Thursday of last week.” 

The firearm will be donated to the Arizona Tactical Officers Association and then will be raffled off to generate funds for the association.

Kelly’s advocacy regarding gun control issues were brought to the media spotlight after his wife, former Congresswoman Gabriel Giffords, was shot in Tucson, Ariz., in January 2011.