General Discussion

villager

(26,001 posts) Fri Jul 24, 2015, 07:27 PM Jul 2015

Lafayette shooter bought gun in Alabama pawn shop

Just saw this alert:

"Lafayette, La., police: Theater shooting gunman used semi-automatic handgun purchased from pawn shop in Phenix City, Ala.; was purchased legally"

http://www.breakingnews.com/

9 replies

= new reply since forum marked as read

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Lafayette shooter bought gun in Alabama pawn shop (Original Post) villager Jul 2015 OP

Legal gun owners are legal up until the moment they aren't. nt onehandle Jul 2015 #1

And of course, pretty much anything to do with "Lord God Gun" is legal now villager Jul 2015 #2

He was apparently not legally permitted to possess a firearm... PoliticAverse Jul 2015 #3

Pawn shop is going to be in big trouble. . B Calm Jul 2015 #4

Depends on the background check. Igel Jul 2015 #5

^^^ NICS needs improvement, and has for some time. Eleanors38 Jul 2015 #8

Phenix City TeddyR Jul 2015 #6

Evidently so, with guns that easy to get villager Jul 2015 #7

It was not 'purchased legally'. beevul Jul 2015 #9

onehandle

(51,122 posts)

1. Legal gun owners are legal up until the moment they aren't. nt

Reply to villager (Original post)

Fri Jul 24, 2015, 07:38 PM

Jul 2015

villager

(26,001 posts)

2. And of course, pretty much anything to do with "Lord God Gun" is legal now

Reply to onehandle (Reply #1)

Fri Jul 24, 2015, 07:41 PM

Jul 2015

n/t

PoliticAverse

(26,366 posts)

3. He was apparently not legally permitted to possess a firearm...

Reply to villager (Original post)

Fri Jul 24, 2015, 07:48 PM

Jul 2015

From: http://scallywagandvagabond.com/2015/07/rusty-houser-wife-john-russell-houser-mentally-committed

Family members also tried to have Houser involuntarily committed in 2008 ‘because he was a danger to himself and others,’ they said in court documents.

A judge approved the order at the time and Houser was taken to a hospital in Columbus, Georgia.

If the above is true his possession of a firearm would be illegal under federal law.

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

(g) It shall be unlawful for any person—
...
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
...
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

He apparently purchased the gun in 2014 (see http://www.wnem.com/story/29624385/police-theater-shooter-bought-gun-at-alabama-pawn-shop ) which is after his apparent 2008 involuntary commitment and so his purchase would violate federal law.

B Calm

(28,762 posts)

4. Pawn shop is going to be in big trouble. .

Reply to villager (Original post)

Fri Jul 24, 2015, 07:50 PM

Jul 2015

Igel

(35,359 posts)

5. Depends on the background check.

Reply to B Calm (Reply #4)

Fri Jul 24, 2015, 08:23 PM

Jul 2015

If the database was incorrect or the report was erroneously sent back clean, it doesn't matter.

Eleanors38

(18,318 posts)

8. ^^^ NICS needs improvement, and has for some time.

Reply to Igel (Reply #5)

Sat Jul 25, 2015, 01:42 PM

Jul 2015

TeddyR

(2,493 posts)

6. Phenix City

Reply to villager (Original post)

Fri Jul 24, 2015, 09:06 PM

Jul 2015

Is a tough part of town.

villager

(26,001 posts)

7. Evidently so, with guns that easy to get

Reply to TeddyR (Reply #6)

Sat Jul 25, 2015, 12:37 PM

Jul 2015

n/t

beevul

(12,194 posts)

9. It was not 'purchased legally'.

Reply to villager (Original post)

Sat Jul 25, 2015, 01:46 PM

Jul 2015

The seller presumably SOLD the weapon legally. It was legal for them to do so provided they ran a background check.

The buyer on the other hand, BOUGHT a gun illegally. He was a prohibited person, and by definition can not by law, buy or possess a firearm legally, whether from a pawn shop, or a gun store, or a newspaper add or a yard sale.

Period.

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