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Originally Posted by MLeake
I'm not sure markj was talking about perjury, per se, as much as coaching about how to word things.
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He was reporting what his cousins told him. And what his cousins told him did not amount to "coaching" a witness on how to say something, it amounted to perjury.
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Originally Posted by markj
My cousins are cops, I ran it by them and if the buyer while on the stand said he intended to gift the gun, no charges could be brought. It is all in the words used. If he said Ibought it for him cause he couldnt then he is in trouble. So did anyone ask the real person or do we judge folks on heresay alone?
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First off, since the buyer was an integral part of the transaction, he was the first person in the transaction to commit a felony. So if he was on the stand, it would probably be as a defendant, not as a witness. And, unless he actually DID buy the gun with intent to give it as a gift,
saying under oath that he intended to do so IS perjury. But if NC Buyer is a defendant, his lawyer has no business putting him on the stand, because a defendant is not required to testify in his defense. If he does so, and lies in the process, (a) he has committed another crime, and (b) the lie doesn't make the original act any less a crime even if the jury buys the lie and he gets off.
Remember, the original question here wasn't "Will anyone get caught?" The question was, "Was this a straw purchase?" All the perjury in the world can't alter the fact that, unless NC Buyer actually bought the gun as a gift, using his own money with no reimbursement, it WAS a straw purchase.