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Gilbert Arenas Fires Back at Gun Dealer's Claims

9/22/2010 6:00 PM PDT BY TMZ STAFF

Washington Wizard and ex-con Gilbert Arenas is asking a judge to discharge a gun dealer's lawsuit against him -- arguing it's a bum suit because it involves the sale of illegal firearms.  

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Back in April, California gun dealer Tactical Operations sued Arenas -- claiming the gun-wielding baller bought five custom Beretta pistols and five silencers, but never picked 'em up and racked up a $70,000 tab in storage fees. 

Now, Arenas has moved to dismiss the dealer's claims because the alleged agreement involved the sale of "'silencers' to a civilian," which violates both California and federal law. 

In the docs, Arenas' lawyer claims, "It is a felony for any person ... to possess any silencer for firearms" and it was therefore "illegal for [Tactical Operations] to sell any silencer to Arenas."

The case is set for trial in January.

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22 COMMENTS

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1.

Andy    

It is not a "felony for any person to own a silencer"
A person just has to 1) live in a state that allows silencers, 2) get approval and a $200 tax stamp from the ATF.

1492 days ago
2.

dbphotos    

As stated prior, it is not a federal violation to purchase a silencer if done so correctly. CA doesn't allow citizens to own a silencer, but most other states do. The federal law requires a background check, a signature of the applicant's Police Chief or other chief law enforcement officer (or purchased through a Trust) and the payment of a $200 tax stamp. After waiting about 3 months, if approved, you will get the tax stamp and the approved ATF form and you can pick up the silencer.

As far as the $70,000 for "storage fees", sounds like a way for the gun dealer to rip off someone. How much room does it take in a gun safe to store 5 pistols and silencers? I assume he knew the sale was either illiegal or not going to happen. There is certainly more to this story. $70,000 for "storage" fees is outlandish!

1492 days ago
3.

Robert    

Conspiracy to order them in an illegal state?

1492 days ago
4.

JT    

NBA player = gun loving moron

1492 days ago
5.

Carl    

Buy something, refuse to pay, then claim the seller should have known better than to sell it to you as an excuse not to pay... that's the American way!!!

1492 days ago
6.

Bob    

Wait a minute, wasn't he the one trying to buy them? If so, he should be guilty of a felony. So what's up?

1492 days ago
7.

brolin1911a1    

As others have pointed out, it is not a felony under federal law for a non-felon to own a silencer provided one pays the $200 federal tax and completes the requisite paperwork. One can understand an NBA player not knowing that but that his lawyer doesn't seem to be able to discover that fact is inexcusable. The lawyer should be disbarred.

1492 days ago
8.

Swinson    

As a C2 manufacturer of silencers, I have many clients that have homes in a variety of different states. I have a client right now, a very famous movie star that has a home in NJ as well as FL and NH. They own silencers and are fully aware that in order to move it from NH to FL the must get prior approval from the ATF and that at NO POINT would they ever be able to bring them to NJ.
I would suspect that Arenas has homes in various states and that unless he planned to violate the law when he ordered the firearms, he was planning to purchase them and store them in a state where suppressors (silencers) were legal. If by asking to dismiss the case, he is admitting that he was planning on violating federal law, I think that is 10 years and $250K per incident...

1492 days ago
9.

JO    

another punk you can't trust to do business with!

1492 days ago
10.

Mike    

Sounds like the most ill informed lawyer, ever.

1492 days ago
11.

Robert    

Come on. Who wants to be sued for hearing damage when you're trying shoot someone?

1492 days ago
12.

sean    

Like usual the anti-gun lawyers are doing their job and creating doubt in the public view,they no they are legal in many states but are working their spin and I think $70,000 was for the weapons and the subsequent storage fees while homey worked out the logistics and transferring of the guns.

1492 days ago
13.

dave    

You can own silencers in most states, and its not uncommon to order from out of state dealers so that lawyer is retarded if he thinks thats a legit defense

1492 days ago
14.

pragmatist    

lies. As long as you don't have a record, all you need is $, papers, and a LONG wait before you get approved. This goes for silencers AND full-auto repeating arms.

1492 days ago
15.

tony    

I am an American tax paying citizen. If I want to obtain a suppressor, I will, as all I need to do is authorize myself to do so. The atf, fbi, nsa, cia, police, judges, politicians, need I go on? They ALL WORK FOR ME, I pay they`re wages. All the agency's and people named are my EMPLOYEES. very simple now isn`t it. Have a nice day all, I am happy to have been able to set you all strait on this matter. & you`re all welcome.

1492 days ago
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