For those unfamiliar with California gun laws, here is a brief (and necessary) reality check on the rifles used by shooter Syed Rizwan Farook during the San Bernardino massacre…
As the mainstream media continues to allege that the firearms used by Farook and his wife were ‘legally’ purchased and owned, the truth is that these rifles were not acquired by Farook legally at all, here is why:
As reported by multiple media outlets, Farook acquired the rifles through a friend (Enrique Marquez) who is believed to have purchased them legally, however, this is were the purchase begins to take on the appearance of a ‘straw man‘ purchase.
If the initial reports have been truthful in that the rifles used by Farook and his wife used during the shooting were originally purchased legally by a friend who bought the firearms with the intent to then ‘give‘ them to Farook after the purchase, this is by definition is an illegal ‘straw man’ purchase.
In California, current legislation requires ALL firearms purchases and transfers (even private party ones) to be performed through a licensed FFL. Meaning that if Marquez transfered the firearms to Farook without physically conducting the transfer in the presence of a licensed FFL (who files the required DOJ, DROS and ATF paperwork), the firearms transfer was in fact illegal… Plain and simple.
Don’t believe it? View the information below.
Via OAG.ca.gov
[Emphasis added]
What is the process for purchasing a firearm in California?
- Generally, all firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a California licensed dealer under the Dealer’s Record of Sale (DROS) process. California law imposes a 10-day waiting period before a firearm can be released to a purchaser or transferee.
- A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun, a person must be at least 21 years of age. As part of the DROS process, the purchaser must present “clear evidence of identity and age” which is defined as a valid, non-expired California Driver’s License or Identification Card issued by the Department of Motor Vehicles (DMV). A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.
- If the purchaser is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing the firearms dealer with documentation containing his/her Alien Registration Number or I-94 Number.
- Purchasers of handguns must provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification), and either (1) possess a Handgun Safety Certificate (HSC) plus successfully complete a safety demonstration with their recently purchased handgun or (2) qualify for an HSC exemption.(Pen. Code, § § 26800-26850.)
Please note the little part about the ‘DROS’ process, the only exceptions to this process are as follows:
The following sales and transfers are exempt from the requirement that they be processed through a licensed dealer:4
- Certain government-sponsored transfers, including gun buybacks;5
- Certain transfers to nonprofit historical societies, museums, or institutional collections;6
- Transfers to licensed firearms manufacturers and importers;7
- Infrequent transfers between immediate family members;8
- Certain loans involving firearms;9
- Donations made to non-profit auctions;10
- Transfers by operation of law;11 or
- Certain transfers of curios or relics to licensed firearms collectors.12
None of these exemptions would have applied to Marquez ‘giving‘ Farook the firearms in question, thus the guns were illegally acquired unless the two physically conducted the transfer in the presence of an FFL. The importation of this information cannot be understated given that the Obama administration is attempting to use the San Bernardino shooting as grounds to enact sweeping new gun control legislation nationwide… Again, this is despite the fact the current law in California already prohibits transfers being conducted in the matter to which the rifles had been handed off between Marquez and Farook.
I could go into great detail on California gun law all day being that I am originally from the state myself and have conducted multiple types of purchases throughout the years personally in the presences of licensed FFL’s, however for the sake of time, we will move on…
Introducing Farook’s ‘childhood‘ friend, Enrique Marquez
According to an exclusive report by the DailyMail, the rifles used during the San Bernardino massacre were initially purchased and given to the shooter by Enrique Marquez, who is allegedly the childhood friend of Syed Rizwan Farook. Making the situation more disconcerting is that fact only hours after the attack Marquez checked himself into a mental health facility where he remains unavailable for questioning by investigators.
Coincidence? I think not…
Via DailyMail
Baby-faced ‘nerd’ Enrique Marquez, 29, checked himself into a mental health facility in Long Beach, California on Wednesday afternoon – hours after close friend Syed Farook, 28, and his wife Tashfeen Malik, 29, opened fire on revelers at a work Christmas party.
In the early hours of Saturday morning, Marquez’s Riverside home was raided by the FBI, who allegedly arrived in search of explosives.
Police have said that the two handguns used in the mass shooting were purchased by his wife and fellow fanatic Malik.
But officials said the other two firearms, which are modified ‘assault-style’ weapons, had been purchased by an unidentified third party, which they believe to be Marquez…
Neighbors told Daily Mail Online that SWAT teams and ordinance experts, accompanied by a K-9 unit, arrived in Tomlinson Avenue at 1.30am and left two hours later.
Marquez, who has not been seen since Wednesday morning, was, like his friend Farook, described as ‘quiet’ and ‘very shy’ by Lorena Agurre who lives across the street from the home that he shares with his parents and two brothers.
‘He [Marquez] didn’t socialize much with the kids nearby. The only person I ever saw him with was Syed but I never spoke to them when they were together.
Marquez, who has no previous criminal record, was also described as a ‘nerd’ and a ‘weirdo’ by others who knew him, while locals spoken of him as someone who liked to keep himself to himself.
At this point it is unclear what, if anything authorities found at the Marquez house during their search.
Thoughts?