September 26, 2023

On Monday, Donald Trump stopped in at a South Carolina gun shop that advertises a special “Trump 45” Glock pistol that is coated with a gold-tone substance, has a shiny gold replacement barrel, a tiny presidential seal on the slide, and a scowling likeness of Trump on the grip. It is, in short, gaudy as hell. Naturally, Trump loved it.

He loved it so much that minutes later, Trump’s spokesperson posted this tweet.

trump_deleted_tweet_gun.jpeg

And the problem with that is that it would violate federal law.

Before posting the claim that Trump had purchased a handgun, spokesperson Steven Cheung first posted a video of Trump handling the gun and admiring his own face on the grip. During this, Trump twice says, “I want to buy one.” Trump and his entourage, including Rep. Marjorie Taylor Greene, posed for the requisite photos holding the gun.

The video and the post have since been deleted because shortly after the posts appeared on X, the site formerly known as Twitter, people quickly noted that Trump is under indictment for no fewer than 91 felony charges split across four indictments. And selling a gun to someone under indictment for any crime with a potential jail sentence greater than a year is illegal.

Cheung later issued a statement on Fox News stating, “President Trump did not purchase or take possession of the firearm. He simply indicated that he wanted one.” Trump’s spokesperson wasn’t the only one who seemed to have a “he did, then he didn’t” moment.

According to the Bureau of Alcohol, Tobacco, Firearms and Explosives, a person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year has restrictions on their ability to purchase a gun. However, “Such persons may continue to lawfully possess firearms and ammunition obtained prior to the indictment or information, but cannot do so once the conviction becomes final.”

A closer look at 18 U.S.C. 922 shows that it’s clearly illegal to provide a gun to someone under such indictment, whether by sale or gift. It’s also illegal for a person under indictment to transport or ship a weapon, or to “receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”

The store owner certainly would have been violating the law in selling Trump a gun. Whether Trump would have violated the law by buying the gun is a little more questionable. However, Trump would have had to fill out the now famous ATF Form 4473, which asks: “Are you under indictment or information in any court for a felony, or any other crime for which the judge could imprison you for more than one year, or are you a current member of the military who has been charged with violation(s) of the Uniform Code of Military Justice and whose charge(s) have been referred to a general court-martial?”

Whether Trump filled out a form to purchase the Glock is unclear. However, if he did, and if he did not check “Yes” on this question, he would be guilty of exactly the same crime that Hunter Biden has been charged with related to his purchase of a handgun in 2015.

The gun shop that Trump visited was the Palmetto State Armory. This was the source of at least one weapon that was used in the racially motivated mass shooting at a Dollar General store near Jacksonville, Florida. Images of the recovered weapons show that the rifle had the Palmetto State Armory logo along with swastikas. How Trump picked this store to visit isn’t clear, but if that’s a coincidence … It's a hell of an ugly coincidence. If it’s not a coincidence, that’s far worse.

Republished with permission from Daily Kos.

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