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octoberlib

(14,971 posts)
Fri Jun 19, 2015, 07:59 AM Jun 2015

Roof bought the gun at Charleston gun store

One of the officials said that Roof, who is white, told investigators that he wanted to start a race war.

He himself bought the .45-caliber handgun used in the shooting last April at a Charleston gun store, according to the two officials. Earlier, a senior law enforcement official had indicated that Roof's father bought him a Glock firearm for his birthday. http://cnn.it/1G9SCo8

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Roof bought the gun at Charleston gun store (Original Post) octoberlib Jun 2015 OP
If true, that gun store has a lot to answer for. MohRokTah Jun 2015 #1
they should not have. drray23 Jun 2015 #2
It would. eom MohRokTah Jun 2015 #3
A felony indictment is sufficient to prohibit sale alcibiades_mystery Jun 2015 #4
thank you. that is reassuring info. drray23 Jun 2015 #6
You have to be convicted or under indictment (On edit) Lurks Often Jun 2015 #5
Well that form does ask if you are under indictment for a felony. thats question 11b. drray23 Jun 2015 #7
Correct, I made a mistake and updated my post accordingly Lurks Often Jun 2015 #11
It's not clear that the drug arrest was a felony alcibiades_mystery Jun 2015 #10
If they did run a background check on him Calista241 Jun 2015 #8
How many Confederate flags are hung up in that shop. onehandle Jun 2015 #9
 

MohRokTah

(15,429 posts)
1. If true, that gun store has a lot to answer for.
Fri Jun 19, 2015, 08:08 AM
Jun 2015

Roof had a felony beef that had yet to be adjudicated and thus selling him a firearm is a federal offense. Not only will they lose their license, they will possibly do prison time.

drray23

(7,635 posts)
2. they should not have.
Fri Jun 19, 2015, 08:10 AM
Jun 2015

however I am wondering if it would show in background check if he had not been convicted yet and it was still beong adjuticated ?

 

alcibiades_mystery

(36,437 posts)
4. A felony indictment is sufficient to prohibit sale
Fri Jun 19, 2015, 08:12 AM
Jun 2015

One doesn't have to surrender currently owned firearms if under felony indictment, but you can't buy new ones.

drray23

(7,635 posts)
6. thank you. that is reassuring info.
Fri Jun 19, 2015, 08:14 AM
Jun 2015

They need to throw the book at that dealer then. Either he skipped the check or ignored it.

 

Lurks Often

(5,455 posts)
5. You have to be convicted or under indictment (On edit)
Fri Jun 19, 2015, 08:14 AM
Jun 2015

You have to be convicted of a felony or under indictment for a crime punishable by imprisonment for a term exceeding one year; Section (d) 1

https://www.law.cornell.edu/uscode/text/18/922

So it is a grey area, if he was arrested but not indicted or if he was charged with a crime punishable by less then a year, he would not show up on the NICS check. I am fairly certain the gun store followed the rules, very, very few gun stores are going to risk their FFL, potential prison time and possible civil suit for a couple of hundred dollars they make on the sale of a gun.

Here is the ATF 4473 form that buyers fill out: https://www.atf.gov/file/61446/download

As an aside, as usual, many of the initial "facts" from the media are wrong. Personally it'll be at a least a week before I start believing the details that are being reported.

Calista241

(5,586 posts)
8. If they did run a background check on him
Fri Jun 19, 2015, 08:20 AM
Jun 2015

The store will have retained their records. If he passed the background test, then that will have been indicated. If he didn't and they sold him the gun anyway, then they're in big trouble.

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