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Westfield man charged with illegally buying gun from ATF Agent

slap shot

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LaFrance purchased a .40-caliber Glock handgun in exchange for $340 in cash, some marijuana, and the trade of LaFrance’s .38 caliber revolver, according to documents.

Damn! Did he think he was still in MASS?
 

Dennis in MA

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An undercover special agent with the ATF reached out to LaFrance and offered to sell him a firearm.

How is this not entrapment???

I recall back in the late 80's, Boston was trying to crack down on the prostitution. You'd have to be a fool to get caught in that. All these hoochie-mammas wandering around in skanky-ass clothes bothering cars in the theater district. And this one lone woman, sitting on a bench doing nothing.

Hmmmm. Which one is the cop???

They still nabbed some morons with that one. LOL
 

Mesatchornug

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LaFrance purchased a .40-caliber Glock handgun in exchange for $340 in cash, some marijuana, and the trade of LaFrance’s .38 caliber revolver, according to documents.

Damn! Did he think he was still in MASS?
A joint and a Taurus would technically be some marijuana and a revolver. That probably feels like about the right value for a Gen 2 ;)

How is this not entrapment???
Easy - he could have chosen to not buy it. Entrapment happens when they take away his ability to decide.
 

Mesatchornug

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I thought entrapment was luring someone to commit a crime they would not have committed but for the entrapment.
Going to depend how you define luring.

For example, when an undercover cop got all doe-eyed at a kid with developmental delays and begged him to get drugs for her, he went to jail. Why wasn't it entrapment? "Because he could have said no a [I forget the number, for rhetoric we'll say "seventh"] time."

Edit - your phrasing is probably better than mine...i just find "lure" to be softer than my understanding. Maybe because I have fish on my mind...
 
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drgrant

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How is this not entrapment???

For entrapment you have to induce someone to commit a crime that they wouldn't normally commit, by way of deception, or coercion, etc. If you plainly ask someone
to do something illegal (like this ATF agent did) and they easily are willing to do so, then its difficult to use entrapment as a defense.

It doesn't help this guy that A. he has a prior criminal record, and B. that he already demonstrated that, clearly, he wished to obtain a gun illegally, after one or more dealers
documented the behavior, so his attorney trying to use "but they entrapped him" as a defense at this point, is a difficult, nearly impossible sell. This guy is probably going to
suck for a plea deal and do like 1-2 yrs in the fed can.

Now if, say law enforcement set up an elaborate scheme to induce someone to commit a crime, then THAT turns into entrapment.

For example, if the LE agent did something like extortion or blackmail in the midst of the other crime, then all bets are off.

Some broad (undercover ATF agent) says to a rich guy "I want you to buy me a gun with this money, because I can't legally buy one. If you do it I won't tell your wife about all the whores you're sleeping around with that I have pics of, blah blah blah" Guy believes her, goes to gun store and lies on question one, gets arrested. Case fails because his attorney will argue that he wasn't predisposed to committing that crime and only did so under duress- EG, were it not for the UC agent's fraud/deceit, he would not have committed the crime in question.

Of course somewhere one would argue that there should be a law against exploiting people who are mentally disadvantaged, because this guy pretty much
was, in order to fall for this trick. Part of me feels bad for the guy because the laws are stupid/unconstitutional, but the other part of me doesnt feel too bad at all because this kind of
arrest is a form of darwinism at work. If you're that stupid at being a criminal, you probably should hang it up. [laugh]
 

drgrant

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but a polymer 80 is cheaper

"No, it's not, " unless you happen to have a box of free glock slides and barrels laying around or something. By the time you get to the end, parts cost
money. Also someone like this guy that got arrested- is clearly incapable of building a P80. I am surprised they didn't find the guy dead somewhere
randomly with an autopsy report that said something about the subject forgetting to breathe.
 
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"No, it's not, " unless you happen to have a box of free glock slides and barrels laying around or something. By the time you get to the end, parts cost
money. Also someone like this guy that got arrested- is clearly incapable of building a P80. I am surprised they didn't find the guy dead somewhere
randomly with an autopsy report that said something about the subject forgetting to breathe.
I have no idea what the MJ goes for, but you can definitely build a functional P80 for $400. Might not be all Glock branded slide and barrel, but it definitely is possible.

And while he is a moron, he definitely is capable of assembling...

Now if you want to start adding in lawyer fees, it’s DEFINITELY cheaper to build several polymer 80s...
 

ScottS

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"No, it's not, " unless you happen to have a box of free glock slides and barrels laying around or something. By the time you get to the end, parts cost
money. Also someone like this guy that got arrested- is clearly incapable of building a P80. I am surprised they didn't find the guy dead somewhere
randomly with an autopsy report that said something about the subject forgetting to breathe.

I'm imagining the ATF agent negotiating: "That's not enough. What else you got? Any crack? OK, throw that in, too. Any kiddie porn? OK, show me what you got..."
 

warwickben

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Not that I condone such actions, but a polymer 80 is cheaper, and if you are going to break the law anyway....
whats illegal about a 80% firearm

"No, it's not, " unless you happen to have a box of free glock slides and barrels laying around or something. By the time you get to the end, parts cost
money. Also someone like this guy that got arrested- is clearly incapable of building a P80. I am surprised they didn't find the guy dead somewhere
randomly with an autopsy report that said something about the subject forgetting to breathe.

idk man 340$ plus weed and another gun... bought my brother a 26 kit for little more then 400$ for xmas.
 

Broccoli Iglesias

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I have no idea what the MJ goes for, but you can definitely build a functional P80 for $400. Might not be all Glock branded slide and barrel, but it definitely is possible.

And while he is a moron, he definitely is capable of assembling...

Now if you want to start adding in lawyer fees, it’s DEFINITELY cheaper to build several polymer 80s...
If you buy a kit, yes. I posted in the Glock build thread a link to kits for $399. Pieces ... most likely not, unless you find a slide kit. The slides alone, the cheap ones are like $180.

But I am glad these people are too stupid. If criminals started buying 80s, they would find a way to quickly ban them.
 

ScottS

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Key word "fabricates". Until then, nothing illegal.
Right. But the comment that triggered his post was "... but a polymer 80 is cheaper, and if you are going to break the law anyway.... " The gist was, "If he was going to break the law anyway, it would be cheaper to do it with a Poly80," and it was pretty clear his intent was to break the law, one way or the other. It was about economics; the intent was made obvious by the actual (attempted) purchase of a firearm.
 

drgrant

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But I am glad these people are too stupid. If criminals started buying 80s, they would find a way to quickly ban them.
They are showing up in circulation.... look at some of the stupid gun capture pictures from various police things you'll see a p80 every now and then...

Eventually there will be a douche bill about 80% but I don't think we're going to see it soon... because it requires opening the Pandora's box of GCA 68 and a lot of politicians are really reluctant to go there... because they know they won't be able to pass anything without giving us a win on something else on the back end in order to get it through the Senate....
 
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