Report: Man who provided gun (to the Steve McNair shooter) arrested

[davepc]

Federal agents have arrested a convicted murderer for allegedly providing the gun later used to kill ex-NFL quarterback Steve McNair.

Adrian J. Gilliam Jr. was arrested by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

A criminal complaint unsealed Friday in Nashville says that Gilliam -- who was convicted of murder and attempted armed robbery in 1993 in Florida -- admitted he sold the gun to the woman who later shot McNair.

McNair was shot to death on July 4 at his condo by his 20-year-old mistress Sahel Kazemi, who then turned the gun on herself.

The complaint, signed by ATF agent Mickey French, charges Gilliam with illegally possessing a firearm, which he is barred from doing as a felon.

Detectives traced the gun to its 2002 sale at a pawn shop, according to the complaint. Gilliam eventually bought it from an individual for $100 about a year ago. According to court documents, Gilliam admitted to detectives he sold the gun to Kazemi for $100.

...

http://sports.espn.go.com/nfl/news/story?id=4336409

[iverglas]

1. and when he answers a survey in prison

Detectives traced the gun to its 2002 sale at a pawn shop, according to the complaint. Gilliam eventually bought it from an individual for $100 about a year ago.

he will tick off the box that says "bought it from a friend".

I think we'll be remembering this one.

Imagine. The gun didn't magically materialize in the hands of the person he bought it from. It was sold BY A DEALER, presumably to someone who passed a NICS check.

Huh.

Huh.

Well, just, huh.

[spin]

2. Ah, but it was in the end a private sale...

Detectives traced the gun, a 9 mm Bryco/Jennings, to its 2002 sale at a pawn shop, according to the complaint. Gilliam eventually bought it from an individual for $100 about a year or year and a half ago. Investigators said Gilliam told them he bought the gun for protection after his home was burglarized, and police reports indicate he did report a burglary about the time of the gun purchase.

Gilliam violated a section of the federal code that says it is a felony for any person convicted of a felony to possess a firearm that has moved in interstate commerce. Very few guns are manufactured in Tennessee, so practically every gun in Tennessee has moved as part of interstate commerce, a source told ESPN.com.
http://sports.espn.go.com/nfl/news/story?id=4336409

The pawn shops sale should have involved a NICS background check. (If not, some pawn store owner should spend a lot of time staring at bars.)

Gilliam then bought it in a private sale and sold again in another private sale to Kazemi for $100.

It would appear the problem is private sales of firearms. I would suggest that we require a background check for all private sales. You buy the weapon from a licensed dealer and you have to go through a background check. You decide to sell the weapon and you and the buyer have to contact a licensed dealer to run the background check for a reasonable fee. You keep the paperwork. If the person you sold the weapon to decides to misuse it or sell it without a background check, you pull the paperwork out to show the LEOs. You're clear of any legal consequences.

If you sell a weapon without going through the background check requirement and the weapon is misused, you are in deep shit. Perhaps you could be charged as a accessory to murder, assuming that happened.

Will this correct the problem of private sales. No. But it will make a difference.

[michreject]

3. What about the millions of guns legally possessed by owners

that bought gun in a FTF transaction and there is no record of the sale?

[spin]

4. Some states do require registration of firearms...

and guess what. Some states decided to confiscate some firearms.

Even in the United States, registration has been used to outlaw and confiscate firearms. In New York City, a registration system enacted in 1967 for long guns, was used in the early 1990s to confiscate lawfully owned semiautomatic rifles and shotguns. (Same source as previous paragraph) The New York City Council banned firearms that had been classified by the city as "assault weapons." This was done despite the testimony of Police Commissioner Lee Brown that no registered "assault weapon" had been used in a violent crime in the city. The 2,340 New Yorkers who had registered their firearms were notified that these firearms had to be surrendered, rendered inoperable, or taken out of the city. (NRA/ILA Fact Sheet: Firearms Registration: New York City's Lesson)

More recently, California revoked a grace period for the registration of certain rifles (SKS Sporters) and declared that any such weapons registered during that period were illegal. (California Penal Code, Chapter 2.3, Roberti-Ross Assault Weapons Control Act of 1989 section 12281(f) ) In addition, California has prohibited certain semi-automatic long-rifles and pistols. Those guns currently owned, must be registered, and upon the death of the owner, either surrendered or moved out of state. (FAQ #13 from the California DOJ Firearms Division Page)
http://www.guncite.com/gun_control_registration.html

There may be indeed a legitimate value to registering firearms. However, the anti-gun contingent shot themselves in the foot when they decided to grab registered guns in New York and California. Why would any citizen in a state that doesn't require registration of firearms decide to register his firearms? The state will just eventually use that info to confiscate the firearms.

[michreject]

14. Most states don't

No registration of any gun in Tn. No registration of rifles and shotguns in Mi. Cash and carry. If there is any registration of any gun in the future, the Government will only know about my new purchases.

[Hoopla Phil]

16. Yep, what happened in CA is prime example that CONFISCATION FOLLOWS REGISTRATION.

[DissedByBush]

6. That's a nightmare

North Carolina requires the buyer undergo a background check and he can get a number of buying permits which he can use to buy handguns. When you sell a handgun you simply demand the buyer's permit or his concealed carry permit number.

It can be like what you said except a person can get a permit in advance and then go looking for a gun to buy. You don't have to bother dealers.

[spin]

8. Interesting. I wasn't aware of that. (n/t)

[AtheistCrusader]

11. Do we know which state it was transferred in?

NC sounds like it has a good system there. How long do the permits last, and how much are they?

[DissedByBush]

18. I'm not sure

I think the check is like $5 and the permits are around $3 each, and they last for a year or two. Getting a concealed carry license also acts as a blanket permit while the license is valid.

[AtheistCrusader]

5. Possibly.

He might not have bought it from a friend though, might have bought it from some random individual who wanted to sell it, and had no way of determining whether he was a felon (in another state).

[ManiacJoe]

7. Which resulted in an illegal sale.

[AtheistCrusader]

10. Illegal for the buyer, but not necessarily the seller.

The seller has to knowingly sell to a felon. If you sell to a guy that seems on the up and up, as things are, unless you use an FFL for the transfer, which most won't due to the fee, you'd have no way to know.

[ManiacJoe]

12. Depends on the mood of the procecutor.

If the seller makes no effort at all, he is opening himself up for trouble if the buyer turns out to be disqualified. This is why lots of sellers want to see the buyer's concealed weapon permit as it shows that he did pass the state's background check at some point in the past. However, just playing the odds, the vast majority of buyers are legal.

[Statistical]

17. Not true.

Federal law prohibits KNOWINGLY transferring a firearm to a prohibited person.

The very language of the law requires proof by the prosecution of KNOWLEDGE.

Not doing a good job of finding out is not criminal. Please find a single case where a person was prosecuted for selling a weapon to a person that they did not know was prohibited. If you can't then your statement that it was a prohibited sale is wrong.

In VA for example there is no license required for ownership.
I am not required to limit sales only to CCW (<4% of the population).

Unless there is some sort of public NICS system it is not possible to determine lawful from unlawful.

[Taitertots]

9. So what gun control law could have stopped it?

The gun laws are already good enough to bring the person who sold the gun to justice.


Wouldn't it make more sense to have given the guy the death penalty when he murdered someone in 1993?

[TheWraith]

13. So where do you think the system failed, exactly?

Unless you think that a total ban on private sales would be effective. Otherwise, there's always going to be an "X factor" about whether or not a buyer is legitimate.

In any event, I haven't seen anything to suggest the woman wasn't herself eligible to buy a gun, and so couldn't have just gone into a shop.

[michreject]

15. She was 20

To buy from a licensed FFL, you need to be 21.