ATF: Houston man going to prison for lying to buy guns

[jody]

ATF: Houston man going to prison for lying to buy guns (Montgomery County News)

ATF began an investigation into Hernandez after a routine regulatory inspection of a local firearms dealer’s records showed the cash purchases of a large number of military-style firearms. Between June 2006 and June 2007, Hernandez personally bought 23 firearms for approximately $24,800, including 15 assault rifles which were essentially identical civilian variants of the M-16 rifle used by the United States military. The other weapons he bought were also of military style and utility, including some firearms chambered in 5.7 x 28mm ammunition, which is a round reputed to be able to defeat body armor worn by police and which weapons are known as “mata policias” or “police killers” in Mexican drug trafficking organization circles. Hernandez made false statements on the ATF forms, which he was required to fill out before buying the firearms, stating he was not buying the firearms on behalf of another person when in fact he was. Federal law prohibits one person from purchasing firearms on another’s behalf except as a bona fide gift, which these firearms were clearly not.

The firearms unlawfully purchased by Hernandez we subsequently smuggled into Mexico. At this morning’s hearing in an effort to obtain the highest possible sentence, the United States informed the court to date many of these firearms purchased by Hernandez have been recovered at the scene of shocking crimes in Mexico. Approximately two months after its purchase by Hernandez, a Smith & Wesson, model MP15, .223 caliber assault rifle was recovered in connection with the kidnapping and murder of a businessman. Approximately 15 months after Hernandez’ purchase of a Bushmaster, model A2M2, .223 caliber assault rifle, it was recovered after a shoot-out between the Gulf Cartel drug trafficking organization enforcers known as “Los Zetas” and the Mexican Army in the state of Oaxaca. Seven months after its purchase, a Bushmaster, model 16M4, .223 caliber assault rifle was recovered from the offices of the state attorney general in Acapulco where more than a dozen armed men attacked and killed four police officers and three secretaries. That event has become know in Mexico as the “Acapulco Police Massacre.” Approximately nine months after Hernandez’ purchase of a Bushmaster, model XM15, .223 caliber assault rifle, it was recovered in the state of Veracruz along with an arsenal of weapons in a vehicle. Lastly, 19 months after Hernandez purchased another Bushmaster, model XM15, .223 caliber assault rifle, it was recovered at a vehicle checkpoint.

In addition to the 23 firearms Hernandez bought under his own name, he also enlisted others to buy similar weapons of his behalf under their names. These individuals made false statements in connection with those firearms transactions and are also under investigation. One individual allegedly recruited by Hernandez, Jesus Pineda, is presently charged and pending trial in the Southern District of Texas for making false statements to a federal firearms licensee. An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.

* * * * * * * * * * * * *

At a hearing this morning, United States District Judge David Hittner found Hernandez was a leader of a group responsible for trafficking in 103 firearms before imposing a 97-month prison term which represents a four-level increase from the recommended maximum U.S. Sentencing Guideline level. Judge Hittner increased the recommended sentence by two years after finding that the recommended guideline sentence did not provide sufficient deterrence. Hernandez will also be required to serve a three-year-term of supervised release upon completing his term of imprisonment.

IMO Hernandez should be serving time for each firearm involved and that’s more than a 97-month sentence.

[jeepnstein]

1. A good thing.

[baldguy]

2. But, the gun-worshipers have always said this is an urban myth.

I guess the ATF has been infiltrated & overtaken by gun-grabbing pantywaist French fascists that want to destroy America, huh?

[X_Digger]

3. No, the 90% part is a myth..

.. if you were actually interested, you'd read:

http://www.factcheck.org/politics/counting_mexicos_guns.html

[jody]

4. Support your allegation of an "urban myth". Until then, I'll treat it as a gun-grabber untruth. n/t

[jmg257]

9. I never heard that. I do know 'boxes of automatic assault rifles from US dealers' is a myth, though.

Or a lie. I am sure partially perpetrated by the poor (but purposely?) describing of the actual guns in question.

As in this report, where "assault rifle" was used numerous times to describe the semi-autos Hernandez was buying from US dealers.

[baldguy]

11. Thank you, all for proving my point.

Gun-worshipers will support the cult over any facts contrary to their dogma and against everyone who appears to be a mature, rational human being.

2nd Amendment Uber Alles!

[Tim01]

14. Lies. And more lies. ENFORCED EXISTING LAWS FOR A CHANGE

We don't support straw man purchases, never have. They got this guy because they enforced the EXISTING LAWS FOR A CHANGE.

Saying that almost all of the guns going to mexico are coming from american gun stores and gun shows is flat out bullshit.

[jody]

18. Re #4, why don't you provide the facts you keep boasting about. Absent facts, I'll reject "mature,

rational human being".

[jmg257]

21. Fact 1: Houston man was charged with lying on the ATF form (gun trafficking).

Fact 2: The firearms unlawfully purchased by Hernandez, and others he 'employed', were subsequently smuggled into Mexico

Fact 3: Lawful gun owners applaud the arrest, charges and decision that is sending Hernandez to prison.

Fact 4: Lawful gun owners know that otherwise-legal American guns are being smuggled into Mexico.

Fact 5: Grenades, full-auto rifles, machine guns, and rockets launchers are not coming from U.S. dealers via straw purchasers like Hernandez

Fact 6: numerous sources/stories on this issue consistently refer to semi-automatic 'assault weapons' erroneously as 'assault rifles'


Myth 1: 'boxes of (automatic) assault rifles' coming into Mexico are from gun dealers in the US.

Myth 2: substantial amounts of (automatic) assault rifles bought legally in the US are being smuggled into Mexico.

Myth 3: 90% of all guns being used by Mexican drug gangs come from the US.


Main Fact: NO ONE has said that the notion that American guns are being smuggled into Mexico is a myth. (because it is a fact)

[rl6214]

22. Another informative

drive-by posting by baldguy.

[X_Digger]

23. He has to get back..

.. to 9/11 troofing.

[east texas lib]

30. Dude!

Take a minute to catch your breath, and put a new edge on your axe. I think you ground the old one
off, already.;-)

[Fire_Medic_Dave]

32. FACTCHECK.ORG says you aren't mature or rational and that you are wrong.

[X_Digger]

33. Seagull poster..

Flies in, drops a load of crap, flies away..

[rl6214]

34. Him and his whacked out

"2nd Amendment Uber Alles!"

Bullshit

He's got some serious mental problems.

[rl6214]

12. I don't think those 103 firearms

recovered adds up to the 90% of weapons recoved come from the US. It also does not make the arguement that the gunshow loophole is to blame. It DOES show that the mexican cartels will recruit people that are legally able to purchase weapons to purchase weapons for them and in order to do this they will falsify documents to do it. That is a federal offence which he should do time for.

[rl6214]

13. Which part of the story

are you saying the "gun worshipers" say is an urban myth?

[yay]

19. No one claimed that.

We've said that the "90% figure" was false and the grenades, full auto rifles, and rockets were also not coming from U.S. straw purchasers.

You really are illiterate aren't you?

[krispos42]

20. No, we said these purchases happening at gun shows were a myth

The perp didn't buy these in a private person-to-person transfer, either at a gun show or in somebody's living room. He bought them from a licenced federal firearms dealer after going through the background checks.

[Fire_Medic_Dave]

31. FACTCHECK.ORG says the 90% figure is a myth.

[DCKit]

5. "Hernandez should be serving time for each firearm..."

Damn straight. He knew where these assault rifles were going and what they were going to be used for.

This is bullshit.

Edited to make some people happy.

[jeepnstein]

6. "automatic"?

[TheWraith]

7. These are not automatic weapons.

You can't buy automatic weapons that way in the US. Period. One M-16 rifle would cost you $20,000 or more in addition to federal background checks, an 8 month waiting period, and transfer fees.

[TheWraith]

8. "a round reputed to be able to defeat body armor worn by police"

My ass. While there are 5.7x28mm armor-piercing rounds in existence, they're not sold on the civilian market, and the ones that ARE sold to civilians actually have less capacity to penetrate body armor than a regular handgun bullet of more common calibers.

[virginia mountainman]

16. You know, I wonder of these GUN CONTROL DUMBASSES..

Even know about the CZ52 ... A $150 Semi automatic handgun, that will blow holes right thru most bullet proof vests??? The nearly $1,000 FN 5 7 cannot do this, without its special ammunition, which is NOT available on the civilian market....

I only mention this here, because for all practical purposes, the supple of this weapon is mostly dried up......

[TheWraith]

24. Why would the CZ52 be so effective?

Looking at the specs I don't see any reason why it would be particularly effective against vests, unless you're talking about using hardened military surplus 7.62x25 ammunition.

[virginia mountainman]

28. Most of the ammo for it is HOT...

up over 1500 fps, a .30 caliber projectile, in a necked down case, is going to be FAST.

It is almost like a hand held rifle...

http://www.theboxotruth.com/docs/edu25.htm

http://www.theboxotruth.com/docs/bot29.htm

[jmg257]

10. Good! Just as the NRA & gun owners always says - enforce the laws we already have on the books. n/t

[Xela]

15. Buyers under duress

I support the efforts of law enforcement officials on these cases.

But I am concerned that some of these buyers/purchasers may be under duress, even death threats.

Or some of them are women doing their boyfriends, or relatives, "a favor" and are particularly clueless about what they are being involved in.

I've seen what could be argued as unscrupulous vendors selling firearms to women who are obviously clueless about guns. Sometimes their boyfriends (or whatever) are on the phone or hidding just down the aisle.

One time there was this lady on her cell phone receiving direct/specific instructions from someone, and while talking to the clerk she was discussing type/caliber/etc. that the person wanted.

What is an hourly paid clerk to do I wonder? Even a more challenging and difficult question maybe is, what am I supposed to do for that matter?

Maybe I answered my own questions:
http://www.atf.gov/contact/hotlines.htm

Xela

[jody]

17. "buyers/purchasers may be under duress". Thanks, I had overlooked that and it's a real threat. n/t

[TheWraith]

25. Shouldn't retailers handle that already on their own?

If they have reason to be suspicious that someone is purchasing a gun for someone else due to that person's inability to purchase legally, why don't they just refuse the transaction?

[Xela]

26. Sometimes they do stop them

For example, in gunstores were staff are more knowledgeable the sale gets questioned and/or stopped. Places like a dedicated gunshop.

But I've seen staff in the neighborhood sporting goods store just carrying on, or at least it seemed to me like it was business as usual.

Xela

[TheWraith]

27. Can't say I'm that surprised.

Retail restrictions are only as good as the people at the counter.

[Tejas]

29. Good! - a question though

"Seven months after its purchase, a Bushmaster, model 16M4, .223 caliber assault rifle was recovered from the offices of the state attorney general in Acapulco where more than a dozen armed men attacked and killed four police officers and three secretaries."




Why was the firearm left at the scene of the crime? Perp was killed, panicked and dropped it, or.......


was it purchased by one of the LEO's of that dept?