Steve Hofstetter, a comedian made on YouTube fame, may have committed gun-buying shenanigans at the January 10th, 2016 Henderson Gun Show. It appears that he induced his fellow comedian Brent Mukai to commit a straw purchase when Hofstetter himself was the one interested in the gun and wanted it for his video. Not shown on video is whether or not the buyer, Mukai, handed the gun over to Hofstetter, and what the exact nature of the transfer was. According to the heavily edited video, Hofstetter provided the money to purchase the firearm on behalf of Mukai and additionally offered to compensate Mukai with a steak dinner for his trouble.
Hofstetter made the video for YouTube, which can be viewed here, but you probably shouldn’t watch it just to deny him the satisfaction of the view count going up.
Nevada Carry has contacted the ATF and asked them to investigate the matter. The uncut video would likely shed more light on exactly what happed. Most likely, there is enough gray area to avoid any legal charges, but its definitely shady and I doubt the dealer involved in the sale would be happy with their 'appearance.'
An attorney's legal analysis here.
Lots of things are wrong with what Hofstetter alleged in his video. Frankly, if you are ignorant enough to get the basics wrong, you really shouldn't have an opinion on the topic. In Nevada, the Department of Public Safey Point-of-Contact center (POC) conducts the background checks, not the FBI NICS call center.
The buying an apartment/house analogy doesn’t hold water either. Apparently, passing a background check run through federal and state law enforcement databases and completing the ATF Form 4473 is ‘too easy.’ I’m sure that if landlords and banks had computerized databases on all the information they need, buyers/renters would be approved faster and we might have avoided the 2008 recession. Scratch that last one, I saw The Big Short.
Purchasing an apartment requires use of private background check and credit check resources that are not as comprehensive as law enforcement records and also take longer. The best indication of future performance is by checking references; a new landlord has to call old landlords to verify this. The government doesn’t have a database of people who pay their rent late and trash apartments; it does have a database of people who shouldn’t own guns.
Businesses, such as a leasing company, also has interests that a the federal government does not. Renting an apartment is also not a constitutional right that is being eroded daily.
Bringing a dog in to a restaurant (in this case, BJs on Eastern in Henderson, which is gun friendly) rejected the comedians non-service dog from entering. A dog that is not trained, like a service dog is, can cause a lot of problems in a restaurant. I’ll leave that to your imagination. Brining your dog with you everywhere is also not a constitutional right. And for Hofstetter’s sake, let’s hope he was only kidding about having ‘his’ gun on him because I didn’t see that it was openly carried and I doubt that he has a concealed firearm permit.
I really wonder why ‘comedians’ and liberals think it’s okay to abuse logic, facts, and break the law (actually or implied) to try and prove their point. What did Hofstetter prove here? That he bought a gun at a gun show and had a background check done? Maybe he should have went to a private seller if he was trying to make a point. That Nevada and its businesses respects the people’s right to self-defense? That being able to pay a mortgage or rent on time has nothing to do with whether or not someone is prohibited from buying firearms?
Finally, Hofstetter leaves the 'gun' in a box on the sidewalk along the Strip. Though the box was probably empty, implying they left it on the street was insultingly stupid.
Hofstetter engaged in legally dubious activities to make a poorly articulated point, in a pretty childish and unfunny manner. Like most liberal anti-gun personalities, Hofstetter ignored most of the facts and legalities to suit his own warped opinions. Such a disingenuous video and obvious disregard for reality invalidates whatever argument he might have been trying to make. If you can’t argue honestly, you’re probably wrong. Despite his assurances that he does support the Second Amendment, such behavior indicates he does not.
Mr. Hofstetter, please stay the hell out of Nevada and our business.
Based on tips by Nevada Carry and others, our sources report that the ATF has begun an investigation into this matter. We don't have official confirmation of that yet. Hofstetter is denying any criminal activity:
The criminal elements here are up to the ATF to determine, but it definitely appears that this little stunt was not well thought out and now Hofstetter is backpedaling to explain himself. Chances are, no charges will be filed against Hofstetter et al but if the ATF is willing to investigate a video by a comedian, then clearly enforcing gun laws isn't quite the problem the anti-gunners are making it out to be.
Clayton E. Cramer
Gun Free Zone
The War on Guns
Western Rifle Shooters