19 January, 2010

Texas Guns Shows, Boedecker & HEB

I received the following from a friend and yes, I am late to this so, if you are not aware, below is the link to the Alex Jones story.

On Thursday, January 14, Mr. Boedeker was asked to meet with representatives of the ATF and Austin police at a building in Austin used for police interviews and interrogations. In addition to Boedeker, the two hour meeting included the participation of HEB, an Austin grocery retailer. HEB holds the lease on the building where the Texas Gun Shows events are held on the third week of every month.
It seems that HEB allowed this and thee main avenue of attack is to use free market choice. For those of us in Texas, ask yourself how much do you spend at HEB monthly? My family spends in excess of $10,0000.00 per year. Now, your family may not spend such with HEB each year, in fact you may spend half this amount but HEB is in business to earn money- call and remind them of this.


Mailing Address
Attention: Customer Relations Department P.O. Box 839999 San Antonio, TX 78283-3999

Telephone Numbers
San Antonio, Texas 210-938-8357
Toll-free number 1-800 432-3113
Customer Relations office hours: Mon. - Fri., 8am - 5pm

Now, is also time to contact and join the TSRA and you can do so here:


Rick Perry needs called and the best number to reach him is this the following.

Office of the Governor Main Switchboard [office hours are 8:00 a.m. to 5:00 p.m. CST] : (512) 463-2000

It was suggested to me to ask for Kyle Mitchell who I understand is the Texas Governor Advisor. Looking at another Texan, Pat H, posted the following in the comments at David Codrea's WarOnGuns.
Pat H said...

It appears that this activity is actually against the law in Texas, so there's some criminality going on in the Austin PD AND the BATFAE, no surprise there.

(a) A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual harassment.
(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.
(c) In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.
(d) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Amended by Acts 1989, 71st Leg., ch. 1217, § 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 16, § 19.01(34), eff. Aug. 26, 1991. Renumbered from V.T.C.A., Penal Code § 39.02 by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Another set of laws to be VERY aware of is what Dogtown Tom post at: 1/15/2010 8:26:35 PM at AR15.com:
The promotor is full of shit with his claim that ATF is requiring these restrictions. It's way to easy to blame everything on ATF because everyone hates them. He should have thrown in TSA, IRS, MSNBC and Rosie O'Donnell among those responsible for this supposed requirement.

It's kind of funny, the Gun Control Act of 1968 prohibited FFL's from selling at gun shows until the Firearm Owners Protection Act of 1986 allowed it. Now this promotor wants to exclude the public so as to curry favor with a few dealers.

Here is the notice ATF gives to gun show promotors as well as dealers: http://www.atf.gov/publications/download/i/atf-i-5300-23a.pdf notice that it is very specific as to what nonlicensee's may do at a gun show.

ATF regulations and federal law are quite clear as to the legality of "private" sales.

From the ATF FAQ's http://www.atf.gov/firearms/faq/unlicensed-persons.html


Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Q: What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S.C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer’s State. The FFL will be responsible for record keeping. See also Question B3.
Further, I also suggest calling the Texas Attorney Generals office, after confirming for yourself the laws that are mentioned in this post- contact information is here.


I called and pretty much dismissed told to mail my request in. I intend to call tomorrow, they had the day off yesterday and have to wonder if the three-day weekend was a bit too much for the woman I spoke to.

I also have several other sources I have called looking for details about this, but suggest the Alex Jones and David Codrea's site.


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