Quote:
(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -
...
...
(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or
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Or it may have been this one - depends on which one they could prove he had knowledge of I suppose.
After all, the guy he transferred the firearm to did in fact had a Texas drivers's license.
The worst thing is that the guy who walked free was in a much better position to know this fact than the seller was. But he wouldn't have made much of an example from the ATF's point of view - that's why they went after the seller.
Really the fact that he ignored the rules of the gun show should not count as evidence against him. It might be ignorant but I'm pretty sure it's not a crime - and it doesn't indicate that he knew the guy was an illegal alien or a non-resident. I hope he appeals and wins.