“Under the Gun” Director Responds to Allegations of Federal Violations

Katie Couric and Stephanie Soechtig
Katie Couric and Stephanie Soechtig
AmmoLand Gun News
AmmoLand Gun News

USA –  -(Ammoland.com)- As we previously reported, the staff behind the biased anti-gun documentary “Under the Gun” not only deceptively edited their film, but also may have committed several federal felonies during its production. During an interview prior to the film’s release, Ms. Soechtig stated that she directed one of her producers, whom she refers to as “Josh,” to purchase several firearms in Arizona.

Trouble is, “Josh” is a resident of Colorado, which means that under federal law, an unlicensed resident of Arizona cannot legally sell Josh a firearm without a background check if they know he is a Colorado resident. The only “Josh” listed as a producer on the film’s IMBD page is Joshua A. Kunau, who also happens to be a Colorado lawyer.

Although Mr. Kunau has wisely chosen to remain silent, Ms. Soechtig has responded to the allegations in a recent statement to Law Newz:

“While it may seem hard to believe that one could buy these types of guns this easily, all purchases in the film were made completely legally. Arizona law allows out-of-state residents to buy long guns (i.e. rifles, shotguns, military style assault rifles) from a private seller without a background check. It also allows Arizona residents to buy handguns from a private seller without a background check.”

Under The Gun Producer Joshua A. Kunau
Under The Gun Producer, Joshua A. Kunau, suspected of completing the illegal gun buys.

Notice Ms. Soechtig’s careful choice of words. Not only does she fail to cite any statutes in support of her claims, but her statement is also misleading for a number of reasons (unsurprising given her previous deceptions). For one, Arizona law is silent on the purchase of firearms by out-of-state residents in Arizona.

This is because federal law, not state law, predominately controls, making Ms. Soechtig’s references to Arizona law largely irrelevant. As we stated previously, federal law makes it illegal to transfer, sell, trade, give, transport, or deliver any firearm (including rifles, shotguns, and handguns) to any person who is not a resident of the state in which the firearm is being purchased. (18 U.S.C. § 922(a)(5).)

But this restriction only applies to the person selling the firearm, and requires actual knowledge of the buyer’s state of residence in order to apply.

As a result, the members of the production team either deliberately misrepresented their state of residence, or carefully omitted that fact to the seller. In any case, it would be illegal for the production team to then bring those firearms back to Colorado without undergoing a background check through a licensed dealer. (18 U.S.C. § 922(a)(3).)

But Ms. Soechtig’s legal gymnastics don’t end here:

“We demonstrated both versions of this dangerous loophole in the film on a hidden camera, in full compliance with both state and federal laws. The rifles – including an AR-15, the gun used to massacre 20 first graders – were purchased by an out of state resident. The handgun was purchased by an Arizona resident.”

As illustrated above, nothing about the sale of a firearm to an out of state resident without a background check is “in full compliance with both state and federal laws.” If the Arizona seller knew the production team was from Colorado, then the sale of the AR-15 was in fact illegal, punishable up to 5 years in prison and resulting in a lifetime ban on the right to own or possess firearms.

What’s more, Ms. Soechtig has now changed her narrative to suggest that an Arizona resident purchased the handgun in question. As she previously stated in her interview with The Lip TV, Mr. Kunau was the purchaser for all of the firearms, and that three handguns, not just one, were purchased.

Ironically, the film’s production team has also perfectly demonstrated how out of touch universal background check proponents really are. The fact that the Mr. Kunau was able to purchase several firearms in potential violation of federal law demonstrates how ineffective a universal background check requirement would be. But not to worry, Ms. Soechtig already has an excuse lined up:

“The guns were then turned over to law enforcement and destroyed. They never left the state of Arizona.”

Granted that by not bringing the firearms back to Colorado, a separate and distinct federal felony was probably not committed (if you take Ms. Soechtig at her word). But the suggestion that voluntarily surrendering the firearms somehow excuses other potential federal crimes is preposterous. Tell that to otherwise law-abiding individuals who are arrested for violating one of the hundreds of other federal and state firearms laws already on the books.

Ms. Soechtig’s attitude echoes that of NBC News anchor David Gregory, who back in 2012, openly violated D.C. gun laws while simultaneously insisting on more gun control.

It is time that anti-gun hypocrites like Ms. Soechtig learn the true meaning of what it takes to be a law-abiding gun owner, and face the consequences of her actions.

The National Shooting Sports Foundation has called on the Bureau of Alcohol, Tobacco, Firearms and Explosives to open a criminal investigation into this matter. So far, an ATF spokesperson has stated that they were aware of the allegations, but had not yet decided whether to investigate. But given the anti-gun narrative touted by the film, it is unlikely that Ms. Soechtig or her team will face justice any time soon.

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    EOGUYRoy F. WiltRmsinghFarmerJim in Conroe Recent comment authors
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    Roy F. Wilt
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    Roy F. Wilt

    Now, the question is, will these Liberal Liars be charged for violating the Law? The Odds are that they will not be! The law isn’t a Law unless all are held accountable to it!!!!!!!!!!!!!!!!!!!!!!!

    Rmsingh
    Guest
    Rmsingh

    Still illegal to buy or sell handguns to or from out of state residents they need to be charged and jailed as
    Democrats insist.

    Farmer
    Guest
    Farmer

    Some animals are more equal than other animals.

    Jim in Conroe
    Guest
    Jim in Conroe
    gil
    Guest
    gil

    Everything is now documented and recorded. They better pray Hitlary win the election, otherwise, these liars will definitely find out what their anti gun control law will do to them at their own expense. You’ll likely catch a fish thru it’s mouth if you are not using a net.

    TEX
    Guest
    TEX

    THIS TRASH ISNT IN A FEDERAL LOCKUP YET ? I CAN GUARANTEE YOU THIS,IF IT WAS ONE OF US,(LAW-ABIDING FIREARMS OWNERS) WE WOULD ALREADY HAD BEEN INDICTED,ARRESTED,TRIED AND CONVICTED ! HUSSEINS DOJ WONT DO SH*IT ABOUT THIS JUST LIKE THEY WONT INDICT THE BULL DYKE FOR HER CRIMES !

    JERRY MALLEY
    Guest
    JERRY MALLEY

    Ethics and “In God We Trust” have become casualties off Liberalism.

    hijinx60
    Guest
    hijinx60

    IF >> IF>> IF it was all so legal, why are they now trying to justify the legality of it ??

    EOGUY
    Guest
    EOGUY

    Very well said and great point.

    Dennis C
    Guest
    Dennis C

    What the f%$# r u serious anyone else would b thrown in fu#@n federal prison for violating all those federal laws but since they r famous and have endless wallets there ok that’s what’s wrong with this country our constitutional father’s haven’t stopped rolling in they’re graves for a very long time

    curious
    Guest
    curious

    What department did they turn the guns into? Who was the officer that received the guns? I am sure there are records for them dropping off guns, they probably even have documentation from the department showing they dropped off the firearms. My guess all lies

    Cecil
    Guest
    Cecil

    So what police department in Arizona received the guns and destroyed them? The would have to have a record of that, if you cannot find a police station that says, “Yeah, we did it and here’s the paperwork.” It Did Not Happen. She is digging a deeper hole every time she speaks.

    Jim in Conroe
    Guest
    Jim in Conroe

    An out of state resident may legally purchase a rifle or shotgun from an FFL dealer, if the purchaser complies with the laws of both the state in which he makes the purchase and his home state.

    This, of course, was not the case in the video.

    WG Fuller
    Guest
    WG Fuller

    Ms. Soechtig is careful not to disclose what she directed her employee/stooge to say to the Arizona resident to induce him/her to sell the guns to an out of state individual. Soechtig’s associate probably had to lie to the Arizona to effect the sale–this is how liberals operate. The Arizona resident needs to be interviewed to learn what he was told by Soechtig, et al.

    steve
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    steve

    I doubt that Obama’s ATF will do anything to a fellow liberal.

    Infidel7.62
    Guest
    Infidel7.62

    “Don’t you understand? These lies are for your own good.” We know what is best for you now shut up and let us take your rights away” -Ms. Soechtig

    HMLA-167 Warrior
    Guest
    HMLA-167 Warrior

    Nothing will come of this… Or fast and furious… Or Benghazi… Or… The list goes on and on…

    hippybiker
    Guest
    hippybiker

    That’s because we live within a Just-Us system of Justice.

    Ralph Moerschbacher
    Guest
    Ralph Moerschbacher

    Fry their asses

    Wild Bill
    Guest
    Wild Bill

    Like we are going to take Ms Shit-tic’s word for it.