Mobile gun shop owners appear in court

MOBILE, Ala. (WALA) - Tuesday was the second day in the federal trial of Larry and Linda McCoy, owners of Larry's gun shop. The McCoys are facing federal charges for firearm sale violations. ATF agents and a cooperating witness with undercover video took the stand.

"No comment right now."

That was all Larry and Linda McCoy had to say after leaving federal court in downtown Mobile. Prosecutors say the McCoys took part in straw purchases at their gun shop. That's when someone buys a firearm for someone else who is prohibited from purchasing a weapon.

ATF agents outlined the case against the McCoys, specifying five violations in 2006 and 2008.

After a lunch recess, cooperating witness Timothy Smith, took the stand. In April of 2009, ATF agents had Smith make undercover videos in attempts to purchase weapons at the gun shop.

The videos show Smith buying a shotgun and ammo. Initially, he is denied the purchase after a background check. When Smith returns a few days later he brings along his fiance. She was able to purchase the gun. Smith testified to walking out of the store with the weapon which was presented in court, along with the videos, as evidence.

Now it will be up to the prosecution to prove that the McCoys "willfully" engaged in the straw purchase. The McCoy's attorneys, Bob Clark and Jeff Deen, say they'll prove their innocence.