Feds arrest man for selling gun to Illegal with a U.S. Drivers License
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Thread: Feds arrest man for selling gun to Illegal with a U.S. Drivers License

  1. #1

    Thumbs down Feds arrest man for selling gun to Illegal with a U.S. Drivers License

    There's so many things wrong with this I can't even begin to explain how this just smells given our current illegal alien issues in Texas and Arizona.

    In Federal District Court on July 20, 2010, the ATF won a conviction from an Austin jury that defies logic and reason. In a trial before Federal Judge Sam Sparks, government lawyers conceded Texas resident Paul Copeland did not know his buyer was an illegal alien, but the jury they should convict him anyway because he "had reasonable cause to believe" he was selling to an illegal alien because the two men and a boy who were present at his table at the time of the sale: 1) were Hispanic, 2) spoke Spanish, and 3) wore cowboy clothing. And the jury did as asked. Assistant U.S. Attorney Jennifer Freel acted as lead prosecutor in the case.

    The firearm transaction at issue occurred on January 16, 2010, at a gunshow at the North Austin Events Center, at 10601 N. Lamar Blvd., in Austin, Texas. Undercover ATF agents followed Mr. Huerta, his son, and another Hispanic male, Hipolito Aviles, around the "Texas Gunshow" that day, and claimed to observe Huerta’s transaction. Austin P.D. used Copeland’s case as the reason to close down the gunshow, leading to a protest by Austin residents in front of APD headquarters on January 25.

    Mr. Copeland is a 56 year old Cedar Creek resident and Vietnam veteran who liked to buy, sell, and trade firearms as a hobby. On January 16, however, he had the misfortune to sell a handgun to Leonel Huerta Sr., who spoke both English and Spanish. Huerta Sr. negotiated his purchase from Copeland in English, showing Copeland his Texas Driver’s License. At Copeland’s trial Huerta admitted on the witness stand, that he is in the country illegally, (Huerta Sr. had previously admitted this fact to Immigration & Customs Enforcement (ICE) Special Agent Leo Buentello). ATF Agent Shawn Kang claimed he saw Huerta later hand off the gun to Aviles. Despite these admissions, Huerta Sr. was never arrested, charged, or deported. Instead, his presence at the gunshow was used to entrap an American citizen into an unwitting violation of a federal gun control law. Huerta Sr., who is a resident of the City of Austin, appeared as a witness at the trial, admitted he was in the country illegally before federal prosecutors and a federal judge, yet he was allowed to leave the courtroom under his own power. To date Huerta Sr. has not been prosecuted for his purchase, possession, or disposition of the handgun he bought from Copeland, while Copeland is now a convicted felon.

    "Instead of busting the illegal alien for buying, they bust the citizen for selling," commented Paul Velte, attorney and founder of Peaceable Texans for Firearms Rights, a gun-owners rights advocacy group from Austin. Velte asked, "who was in a better position to know the buyer’s immigration status, the buyer or the seller?" He also said, "What happened to Paul Copeland should enrage all Americans. The Federal Government is using illegal aliens to entrap citizens lawfully exercising their right to sell firearms. The illegal alien walks free, but the citizen gets convicted. The same government charged with controlling immigration is the one using illegal immigrants to attack its own citizens. Does this make any sense? It makes no sense unless the purpose is to discourage attendance at gunshows and frighten citizens from selling their firearms to other citizens."

    Velte pointed out that "There is no way for a citizen to know who is here legally or not. In fact, under Austin’s ‘sanctuary city’ policy, not even the police officer at the door of the gunshow was allowed to ask a person’s immigration status, yet the average Texan inside the show is expected to assume that a person standing before them with a Texas driver’s license is in the country illegally just because they look Mexican and speak Spanish." Velte noted that the federal government’s lawsuit against Arizona was based on that very type of conduct: Concluding someone could be here illegally based on their looks or their language. Velte said gun owners in his group are outraged, and they want to know:

    1. Why is the illegal alien who purchased the gun, Leonel Huerta Sr., still living in Austin?
    2. Why does he still have a Texas Driver’s license?
    3. Why is ATF using illegal aliens to set up and convict American citizens?
    4. What has he been promised for his cooperation?
    5. Why has he not been prosecuted? He committed three distinct crimes: he purchased a firearm knowing he was an illegal alien, he possessed the firearm, and he transferred the handgun to another illegal alien (Hippolito Aviles, who was convicted and given time served on June 30, 2010).
    6. Why has Huerta Sr. not been deported?

    Judge Sparks sentenced Copeland on August 27 to six months confinement and 24 months of probation, and called Copeland "a liar" for not admitting guilt. ATF confiscated Copeland’s entire gun collection and initiated forfeiture proceedings. Copeland was also fired from his job due to the indictment, and he would have lost his home to foreclosure, if not for his family stepping in to pay his mortgage while he serves his sentence
    .
    "When a government robs Peter to pay Paul it will alway's have the support of Paul" George Bernard Shaw

  2.   
  3. #2
    Quote Originally Posted by Ropadope View Post
    There's so many things wrong with this I can't even begin to explain how this just smells given our current illegal alien issues in Texas and Arizona.

    .
    https://www.tsra.com/index.php?optio...alk&Itemid=113

    You are correct about so many things being worng with this. A somewhat different version of this from the TSRA.

  4. #3
    damn juries - we should get rid of them. go back to letting judges make law and fact determinations. Just like the old days before the Magna Carta.

  5. #4
    Quote Originally Posted by FN1910 View Post
    https://www.tsra.com/index.php?optio...alk&Itemid=113

    You are correct about so many things being worng with this. A somewhat different version of this from the TSRA.
    After reading that one would be tempted to say "that clears it all up, guilty" If not for the facts and the states lawful selling of firearms between two persons without the need for an FFL. Just as it is here in Kentucky. Premptive law cannot be superceded by local or jurisdictional law.

    This is what is important.

    1. Why is the illegal alien who purchased the gun, Leonel Huerta Sr., still living in Austin?
    2. Why does he still have a Texas Driver’s license?
    3. Why is ATF using illegal aliens to set up and convict American citizens?
    4. What has he been promised for his cooperation?
    5. Why has he not been prosecuted? He committed three distinct crimes: he purchased a firearm knowing he was an illegal alien, he possessed the firearm, and he transferred the handgun to another illegal alien (Hippolito Aviles, who was convicted and given time served on June 30, 2010).
    6. Why has Huerta Sr. not been deported?

    An Agency that needs to prove it worthiness in a political climate where it's mere existence has alway's been in question, considering they can't keep guns to and from the borderrs.

    And, it's a sanctuary city for illegals.....................

    Remind me not to get in front of a Texas jury, for anything.
    "When a government robs Peter to pay Paul it will alway's have the support of Paul" George Bernard Shaw

  6. #5
    There is a reason I pay the $10-$15 to a dealer for a legal transfer and background check with EVERY firearm I sell...
    $10 to $15 is CHEAP compared to the thousands of dollars something like an arrest/prosecution will cost me!

    Also, keeps me from inadvertently selling to felons, mentally ill, illegals, or anyone else barred from owning firearms legally...

    I say money/time well spent...

    -----------------------------------------------------------------------

    As for the conviction,
    Classic case of 'Private Sale' at a gun show where dealers were present, and classic 'Straw Purchase',
    Both of which are a HUGE problem...

    A drivers licence isn't 'Due Diligence' when you are selling at a show.

    We have local shows twice a year,
    The rules are, NO PRIVATE SELLERS OF FIREARMS.
    If you don't have a dealers licence, you simply are NOT admitted.

    When you show up with 10 or 20 or 50 or 100 firearms, You are NOT a private seller,
    You are a dealer at a public sales event.
    All NFA/BATFE rules apply.

    Selling ONE gun from home is one thing, but selling 20 or 50 or 100 a weekend at guns shows with no paperwork is ridiculous and there damn sure should be a law against it!

    Like I said, even though I'm in the club sponsoring the gun show, EVERY SALE I MAKE GOES THROUGH A DEALER!
    Even the private sales I make at home get taken to the dealer for the background check and proper paperwork!

    This is one 'Loop Hole' closed,
    One ILLEGAL seller off the streets, and who knows how many firearms NOT reaching the hands of people that are ILLEGAL TO OWN OR POSSES FIREARMS...
    Last edited by lukem; 12-30-2010 at 10:56 AM.

  7. #6

    Abolish The BATFE !!!

    How A Government Agency Abuses The Law To
    Destroy Your Rights And Freedoms

    http://thegangmovie.com/




    The First Fundamental Principle of Constitutional Interpretation: Your Rights Don't Come From Government

    Oath Keepers: CONSTITUTIONAL REPUBLIC 101: YOUR RIGHTS DON’T COME FROM GOVERNMENT






    "The people never give up their liberties, but under some delusion." - Edmund Burke

  8. #7
    This is what is important.

    Quote:

    1. Why is the illegal alien who purchased the gun, Leonel Huerta Sr., still living in Austin?
    2. Why does he still have a Texas Driver’s license?
    3. Why is ATF using illegal aliens to set up and convict American citizens?
    4. What has he been promised for his cooperation?
    5. Why has he not been prosecuted? He committed three distinct crimes: he purchased a firearm knowing he was an illegal alien, he possessed the firearm, and he transferred the handgun to another illegal alien (Hippolito Aviles, who was convicted and given time served on June 30, 2010).
    6. Why has Huerta Sr. not been deported?
    A good question but maybe a better one is are these actual facts. They are from the original post and from how it was slanted I would not put a lot of faith in their facts. The three involved in the sale were arrested at the time but we don't have anything concrete on what happened to them. The story about the ATF using them as a sting is purely conjecture, supposition and hearsay. Until I find something more concrete about those three than the OP I am not ready to hang or condemn anyone. There was too much BS and pure lies in that story to get me upset about it.

  9. #8

    IF we do nothing, we can only say we did NOTHING...



    More Judicial Tyranny

    Miscarriage of Justice In America | NowPublic News Coverage

    "Educate and inform the whole mass of the people... They are the only sure reliance for the preservation of our liberty." - Thomas Jefferson

    Here's the thing...

    The guy complied with all laws regarding identification and firearm transactions and was convicted on conjecture and assumption...

    This was BATFE Entrapment PLAIN & SIMPLE... The BATFE has long been justifiably called "Jack-Booted-Thugs"...

    I hope this gets overturned on appeal and that the pro-second amendment community will rally behind Paul Copeland and start calling their State, Federal and Local and other Municipality Representatives, Senators, Governors, Attorneys General, etc., and demand JUSTICE and hold the BATFE ACCOUNTABLE...
    Write your representatives:
    http://www.capwiz.com/nra/dbq/officials/

    Write the media:
    http://www.capwiz.com/nra/dbq/media/

    Contact the NRA:
    https://secure.nraila.org/Contact.aspx

    Contact the GOA:
    Gun Owners of America

    Contact the SAF:
    Second Amendment Foundation Online

    Contact the JPFO:
    Jews for the Preservation of Firearms Ownership - Homepage

    Gun dealer sentenced to 6-months for selling weapons to a undocumented immigrant.
    Newsroom
    8/31/2010

    One of the gun dealers of Austin's Gun Show is sentenced to 6-months at a federal work camp for selling a weapon to an undocumented immigrant. Independent firearms dealer-Paul Copeland says for years he has commonly sold handguns and antique weapons with no problems and prior to his arrest the illegal immigrant showed him what appeared to be a valid Texas driver’s license. In January 2009, the ATF along with the Austin police department set up a sting operation targeting independent firearms dealers that were selling weapons to illegal immigrants, both inside the show and outside the Austin’s Gun Show’s parking lot. Shortly after the series of arrests, the regularly scheduled weapons-event was asked to move from the North Austin location. Investigators with the Austin police department believed many of the guns sold to the undocumented immigrants at the show were headed back across the Texas-Mexico border. “I guess you need ask them <Latinos> for their documentation too; if the police aren’t going to profile why should the common citizen have to” says Copeland. He says none of the undocumented immigrants that were asked to testify against him were arrested by federal agents. Austin's Federal Judge Sam Sparks sentenced Copeland to spend the next 6-months at a federal work camp followed by 2-years of probation.
    Source Austin Local News - KLBJ ...
    Austin Local News - Gun dealer sentenced to 6-months for selling weapons to a undocumented immigrant.

    Undocumented Immigrant - Liberal-ease For Illegal Alien...

    IF we do nothing, we can only say we did NOTHING...



    "The people never give up their liberties, but under some delusion." - Edmund Burke

  10. #9
    http://www.keepandshare.com/doc/2215...5-pm-599k?da=y

    This is a .pdf file of the order on the Motion to supress the evidence presented in the trial. It is the most detailed account of what happend that I have seen. There was some intimidation by the LEO when they first approached Mr. Copeland but there was no doubt in anyone's mind that it was a straw purchace. Now we can argue over whether or not a straw purchase is illegal or not and whether or not the others involved whould be charged but it was a straw purchase and Mr. Copeland. knew it.

  11. #10
    If Copeland had denied the sale he's have been sued for "profiling" and probably convicted in that as well. We just can't win.

    I've been active with immigration organizations for about five years. Rather than rant, I just show people this video when I can.

    YouTube - Immigration Gumballs
    You can run... but you'll just die tired. 3%

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