Bartholomew Roberts
Moderator
Based on the recommendation for prosecution that Fox News linked to, it appears they charged him with both crimes:
1. Selling to someone he should have known was an illegal alien
2. Selling to someone he should have known was not a resident of Texas
Based on the ATF Report, the ATF, who had been following the illegal immigrants via undercover officers, witnessed the following transaction:
The three Mexicans (Huerta Sr., Aviles and Huerta Jr.) negotiated for a price on the handgun via Huerta Sr. and Huerta Jr who interpreted. Aviles handed Copeland the cash for the handgun and Copeland asked for an ID for the receipt. Huerta Sr. handed him his ID and Copeland responded "No, the cash has to come from the guy who has the ID." Aviles then handed the cash to Huerta who handed it to Copeland.
Copeland handed the handgun to Huerta Sr. who immediately handed it to Aviles. Copeland then said "No, no, no. I sold you the gun. You have to hold the gun." and Aviles handed the gun back to Huerta.
Also worth noting is that Aviles brother tried to buy a rifle from another non-FFL at the show. That deal fell through when the non-FFL wouldn't deal with Aviles's brother when he refused to show ID.
The ATF report also indicates that Copeland had an assault/child abuse conviction in Maryland for which he served 2 years probation and that he may be potentially unable to legally own firearms to begin with. It also includes several affidavits from other gun show attendees saying that Copeland has been selling guns every month at the gun show going back 5-6 years - which kind of makes his status as a private seller disposing of his collection questionable.
All in all, not the best set of facts to create a big pro-RKBA uproar over.
1. Selling to someone he should have known was an illegal alien
2. Selling to someone he should have known was not a resident of Texas
Based on the ATF Report, the ATF, who had been following the illegal immigrants via undercover officers, witnessed the following transaction:
The three Mexicans (Huerta Sr., Aviles and Huerta Jr.) negotiated for a price on the handgun via Huerta Sr. and Huerta Jr who interpreted. Aviles handed Copeland the cash for the handgun and Copeland asked for an ID for the receipt. Huerta Sr. handed him his ID and Copeland responded "No, the cash has to come from the guy who has the ID." Aviles then handed the cash to Huerta who handed it to Copeland.
Copeland handed the handgun to Huerta Sr. who immediately handed it to Aviles. Copeland then said "No, no, no. I sold you the gun. You have to hold the gun." and Aviles handed the gun back to Huerta.
Also worth noting is that Aviles brother tried to buy a rifle from another non-FFL at the show. That deal fell through when the non-FFL wouldn't deal with Aviles's brother when he refused to show ID.
The ATF report also indicates that Copeland had an assault/child abuse conviction in Maryland for which he served 2 years probation and that he may be potentially unable to legally own firearms to begin with. It also includes several affidavits from other gun show attendees saying that Copeland has been selling guns every month at the gun show going back 5-6 years - which kind of makes his status as a private seller disposing of his collection questionable.
All in all, not the best set of facts to create a big pro-RKBA uproar over.