Gun Store Owner Rescinds Sale of AR-15 to Mark Kelly

Diamondback Police Supply in Tucson  AZ, has rescinded the sale of an AR-15 to former astronaut and husband of former Congresswoman, Gabby Giffords.

Douglas MacKinlay, Owner/President, Diamondback Police Supply Co., Inc. wrote on the store’s Facebook page:

“While I support and respect Mark Kelly’s 2nd Amendment rights to purchase, possess, and use firearms in a safe and responsible manner, his recent statements to the media made it clear that his intent in purchasing the Sig Sauer M400 5.56mm rifle from us was for reasons other then for his personal use. In light of this fact, I determined that it was in my company’s best interest to terminate this transaction prior to his returning to my store to complete the Federal From 4473 and NICS background check required of Mr. Kelly before he could take possession this firearm. A full refund was sent to Mr. Kelly, via express mail, on Thursday of last week.

The Sig Sauer rifle will be donated to the Arizona Tactical Officers Association where it will be raffled off to generate funds the association can use to purchase much needed tactical equipment for the organization’s members. The A.T.O. A. represents the SWAT and Special Response officers of the state’s law enforcement community who regularly place their lives on the line to protect the residents of this state.

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Additionally, Diamondback Police Supply will make a $1295.00 contribution (the selling price of the M400 rifle) to the Eddie Eagle GunSafe Program that teaches children, in pre-K through 3rd grade, four important steps to take if they find a gun. The emphasis of the program is on child safety, something that is important to all of us and at the core of the current debate on gun control”

Though Mark Kelly’s background check only took minutes, a Tucson ordinance requires that previously owned guns be held for 20 days while the city assures the weapons have not been used in the commission of a crime. Mr. MacKinlay will return Kelly’s money.

And then there is the question of the BATF form:

“if Mr. Kelly did not intend to keep the AR-15, but to give it to another, he is committing a felony by being a ‘straw purchaser’ under current law, and he must have stated on the ATF Form 4473 that he was buying it for himself, so he committed perjury on the BATF form, also a felony.”


The good news is that the AR-15 rifle will be donated to the Arizona Tactical Officers Association to be raffled as a fundraiser (proceeds to purchase much needed tactical equipment for the A.T.O. A.–the SWAT and Special Response officers of the state’s law enforcement community) and Diamondback will make an additional contribution of $1,295 — the value of the rifle — to the Eddie Eagle GunSafe Program*.

So what Mark Kelly meant for “evil”, Diamondback Police Supply and owner, Douglas MacKinlay, have re-tooled into something good: equipment and protection for the SWAT team and training and protection for the children.

This is a gun-grabber story with a very happy ending!

*The Eddie Eagle GunSafe® Program teaches children in pre-K through third grade four important steps to take if they find a gun. These steps are presented by the program’s mascot, Eddie Eagle, in an easy-to-remember format consisting of the following simple rules:

If you see a gun:

Don’t Touch.
Leave the Area.
Tell an Adult.


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