TexasCHLforum.com

It gives the complete timeline of events and what exactly he did and what the agents did in response. In light of this thread, it is very interesting. Going from memory, speculation above was that the sequence of events was that a hispanic guy came up to him, presented a valid driver's license, apparently validly purchased a gun, was later identified by the PD or ATF or whomever as being an illegal alien, so the seller had all of his guns confiscated and he was arrested.

According to the motion Charles posted, that wasn't the sequence of events at all.

The seller had a group of men approach him and one of them negotiated a sale and settled on a gun. When asked for ID to complete the sale, he couldn't or wouldn't present any. Another guy in the group then volunteered his ID, took the first guy's money and handed it to the seller, took the gun and handed it to the man without ID. The PD and ATF witnessed all of this and said the seller was involved in a straw purchase and that he had cause to know what was going on but still went through with the sale, actually coaching them by saying that the one who handed over the money needs to hold on to the gun since it was "sold" to him, letting them pass it over outside (wink, wink) which was clear they would do.

The LEOs told the seller that they needed to talk to him outside so the seller told a friend to remove the concealed and loaded handgun from a SOB holster he (the seller) was wearing, then he went outside with them. After their discussion, they confiscated his concealed firearm and all of his stuff for sale saying it was in a public place in plain view and was involved in a crime, thus subject to seizure without a warrant. The judge ruled that the stuff for sale was not subject to seizure because no one thought he needed a license and therefore no one thought he was committing the crime of selling without a license. The judge also ruled that the confiscation of his personal firearm was valid because the guy took it out of concealment and made it public and visible and since he did not have a CHL that his carrying was a crime and it being in plain view after it was taken out made it subject to seizure for being involved in a crime. So they shouldn't have taken the stuff for sale, but were fine to take the personal gun.

So the issue here isn't about illegals--it is about straw purchases and about a seller who seemingly knew he was involved in one, but went through with the sale.

Purplehood wrote:

Beiruty wrote:Next time, ask for birth certificate or a Valid Passport. Just to keep the Feds happy. Or, use an FFL to do transfer.

Frankly, this should be appealed immediately even all the way to Supreme court. Why this illegal immigrant has a valid DL? Why he was not prosecuted, or even deported? He has clearly committed a crime.

Do we ask everyone for Birth Certificates?

If you don't have to show it for the presidency, which requires knowledge of where someone was born, I don't see why you'd have to for a gun sale, which doesn't.