Saturday, March 21, 2009

The gunshop haters lose one

"An Arizona court on Wednesday dismissed the case against a gun-store owner accused of looking the other way while front men purchased weapons to deliver to Mexico's drug cartels.

At the heart of the case was the X-Caliber gun store, where prosecutors alleged more than 700 high-powered rifles were sold to purchasers whom the owner, 47-year-old George Iknadosian, should have known were acting as so-called straw buyers for Mexican customers. Sales of most weapons to non-U.S. citizens north of the border are severely constrained, as is gun possession by civilians in Mexico.

To get around those restrictions, Arizona officials alleged, Mr. Iknadosian allowed Arizonans with clean criminal records to buy weapons they would resell in Mexico, first by falsifying forms attesting that the firearms were for the purchasers' personal use.

Witnesses in the case included several of these alleged straw buyers, who have pleaded guilty to charges that bring a penalty of up to 10 years imprisonment.

Yet in dismissing the 21 counts against Mr. Iknadosian, Maricopa County Superior Court Judge Robert Gottsfield ruled that the evidence prosecutors presented wasn't "material," and therefore didn't support charges against the defendant. "The state's case is based upon testimony of individuals who [alleged]...that they were the actual purchaser of the firearms when they were not," Judge Gottsfield wrote.

He then indicated that such testimony, by itself, failed to establish that any additional unlawful conduct transpired....

State and federal authorities, including a task force supervised by the Phoenix office of the U.S. Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives, worked for 11 months with local police building a case against X-Caliber."

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Posted by John Ray.

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