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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBackground Check Flaw Let Dylann Roof Buy Gun, F.B.I. Says
Despite having previously admitted to drug possession, the man, Dylann Roof, 21, was allowed to buy the .45-caliber handgun because of mistakes by F.B.I. agents, a failure by local prosecutors to respond to a bureau request for more information about his case, and a weakness in federal gun laws.
We are all sick this happened, said James B. Comey, the F.B.I. director. We wish we could turn back time. From this vantage point, everything seems obvious.
The authorities inability to prevent Mr. Roof from obtaining the weapon highlighted the continuing problems in the background check system, which was designed to keep guns out of the hands of criminals, drug users and mentally ill people. Despite new procedures and billions of dollars that have been spent on computer upgrades in the years after the Sept. 11, 2001, terrorist attacks, federal authorities still do not have a seamless way of examining Americans criminal histories that eliminates human error.
Mr. Roof exploited the three-day waiting time that has allowed thousands of prohibited buyers to legally purchase firearms over the past decade and some of those weapons were ultimately used in crimes, according to court records and government documents.
http://www.nytimes.com/2015/07/11/us/background-check-flaw-let-dylann-roof-buy-gun-fbi-says.html?smprod=nytcore-ipad&smid=nytcore-ipad-share&_r=0
Thinkingabout
(30,058 posts)Yes, I know he could have stolen a weapon and to those come up with a better plan than the Brady Bill and then we can pass the better bill. I own guns, have hunted, have family members who still hunt and do not see the need to remove weapons from members who has the ability to own, operate and protect a weapon.
Duckhunter935
(16,974 posts)When an FFL initiates a NICS background check, a name (and limited descriptor) search is conducted to identify any matching records in three nationally held databases. These databases are:
The Interstate Identification Index (III), which contains an expansive number of criminal history records;
The National Crime Information Center (NCIC), which contains information on wanted persons, protection orders, deported felons and others; and
The NICS Index, which contains records, contributed by local, state, and federal agencies, pertaining to individuals federally prohibited the transfer of a firearm.
Additionally, a fourth search will be conducted via the applicable databases of the Department of Homeland Securitys U.S. Immigration and Customs Enforcement on all non-U.S. citizens.
https://www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/nics-information-sheet
GGJohn
(9,951 posts)The 2A has zero to do with hunting, it has everything to do with the right of the people to keep and bear arms.
Snobblevitch
(1,958 posts)Do you have a link? I highly doubt that billions of dollars have been spent on the computers used for gun purchasing background checks.
BainsBane
(53,035 posts)Will post it now.
Snobblevitch
(1,958 posts)or if it is an opinion piece. If it is a news story, there is information included that needs attribution, but it is missing.
BainsBane
(53,035 posts)It's in the link. I simply forgot to include it but updated it.
Duckhunter935
(16,974 posts)Plain incompetence, get the correct information into the current system and it will work fine. Curious if the final denial was issued to the dealer at all. If it was then the dealer must notify the ATF of the prohibited person that has been sold a firearm. Also sounds like he may have committed a felony by lying on his 4473 form on drug use.
BainsBane
(53,035 posts)zappaman
(20,606 posts)Duckhunter935
(16,974 posts)The whole law was a compromise.
With the participation of the states and federal government, 72 hours should be plenty of time to run a background check. Mine come back in around 5 minutes. The key and everybody agrees is to have valid and accurate information. If after 3 days with no word back from the ATF, the sale may go ahead. They know the rules. If after the fact a denial is received the FFL must inform the ATF of the prohibited person having the firearm.
The Interstate Identification Index (III), which contains an expansive number of criminal history records;
The National Crime Information Center (NCIC), which contains information on wanted persons, protection orders, deported felons and others; and
The NICS Index, which contains records, contributed by local, state, and federal agencies, pertaining to individuals federally prohibited the transfer of a firearm.
Additionally, a fourth search will be conducted via the applicable databases of the Department of Homeland Securitys U.S. Immigration and Customs Enforcement on all non-U.S. citizens.
What Is a Delay Response?
When conducting a firearm background check, if the NICS returns a valid match to potentially prohibiting record information maintained in any of the aforementioned databases, the NICS Legal Instruments Examiner (NICS Examiner) will evaluate the record information and attempt to provide the FFL with a definitive response of either proceed or deny while the FFL is still on the telephone. However, in many instances, records are incomplete and/or lack final status (such as conviction, dismissal, crime classification level, etc.). In these instances, the NICS Examiner will advise the FFL that the transaction has been placed in a delay status pending further research and conclude the initial call. A delay response does not mean that an individual is denied the transfer of a firearm. A delay response requires that a NICS Examiner conduct additional research and evaluation of the matched records by contacting local, state, and/or federal law enforcement agencies in an effort to obtain the information needed to complete the record(s) and determine if the information contained therein is disqualifying pursuant to the Brady Act. In such cases, the Brady Act allows up to three business days to attempt to obtain the missing or incomplete information. If the information needed cannot be obtained prior to the expiration of three business days and the NICS is unable to provide either a proceed or a deny response, it is the FFLs option to legally transfer the firearm.
https://www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/nics-information-sheet
BainsBane
(53,035 posts)the Brady campaign supports a bill that would close those loopholes, the ones certain elements claim don't exist.
http://www.nbcnews.com/storyline/charleston-church-shooting/dylann-roofs-illegal-gun-purchase-feeds-gun-law-arguments-both-n390321
Duckhunter935
(16,974 posts)that set up the NICS system, interesting.
https://en.wikipedia.org/wiki/Brady_Handgun_Violence_Prevention_Act
BainsBane
(53,035 posts)The Brady campaign support closing the loopholes that you and your gungeon pals claim don't exist, as the article makes clear. The thing about money grubbing gun corporations is they find ways around the law to ensure they sell as many guns as possible. Their friends in the pro-2a community work hard to ensure they are able to continue that by resisting any and all gun control including expanded background checks. I for one recall the great celebration by gungeoneers the night Obama's background check bill was defeated. Such deliberate fissures in the system enable felons to acquire guns and kill more people, which in turn generates more gun sales. It's a win/win all the way around for the merchants of death.
This isn't 1994. Things are far worse in terms of access to guns, and the people who ally themselves with blood-drenched corporate profits over human life help make sure it stays that way. To pretend there has not been ongoing efforts to close those loopholes since 94 is a transparent and cynical ploy. You forget I have discussed these issues with you in the past and you have denied the loopholes exist. Now you falsely claim they are there because the Brady campaign wants them, when the fact is they have been fighting to close those loopholes for some time.
Now, I have heard countless times how there are no loopholes in the background check system, how the law is already adequate and how there is no such thing as purchasing guns without a background check. Any honest person knows that to be a complete lie, but that doesn't stop the NRA and its henchmen from spreading it anyway.
Duckhunter935
(16,974 posts)If the STATE would have provided the CORRECT information into the FEDERAL system it appears the sale would have been stopped. No maybe the only thing that may have helped is the weapon should not have been allowed to be sold until a positive from NICS. But how long is a reasonable time to restrict a right to a law abiding person? The agreement at the time was 3 days.
The current system should have worked. Lets fix that. I have no issues with UBC and I wish NICS would be opened up to private purchases.
Cha
(297,373 posts)Please let us learn from these tragic flaws and mistakes.
Nuclear Unicorn
(19,497 posts)Earlier this year President Obama shifting funding and focus to updating the flagging NIC System. I applaud his action and would like to see more emphasis placed on keeping it up to date. I would also like NICS opened to private purchases.
Virtually all of the rampage killers: Loughner, Cho, Holmes, Alexis, Hasan, Rogers, Roof, etc. had prior behavioral/criminal interactions with authorities that would have disqualified them from purchasing their guns. These are not out-of-the-blue, spontaneous, nobody-could-have-seen-it coming incidences. There was plenty of warning. There was plenty of time to intervene.
The law enforcement community needs to stop gunning down children or choking unarmed cigarette peddlers and actually focus doing their job of enforcing the laws on the books.