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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAir Force Error Allowed Texas Gunman to Buy Weapons
Source: New York Times
By DAVID MONTGOMERY, RICHARD A. OPPEL Jr. and JOSE A. DELREAL NOV. 6, 2017
SUTHERLAND SPRINGS, Tex. A day after a gunman massacred parishioners in a small Texas church, the Air Force admitted on Monday that it had failed to enter the mans domestic violence court-martial into a federal database that could have blocked him from buying the rifle he used to kill 26 people.
The conviction of the gunman, Devin P. Kelley, for domestic assault on his wife and infant stepson he had cracked the childs skull should have stopped Mr. Kelley from legally purchasing the military-style rifle and three other guns he bought in the last four years. But that information was never entered by the Air Force into the federal database for background checks on gun purchasers, the service said.
The Air Force has launched a review of how the service handled the criminal records of former Airman Devin P. Kelley following his 2012 domestic violence conviction, the Air Force said in a statement. Federal law prohibited him from buying or possessing firearms after this conviction.
The statement said that Heather Wilson, the Air Force secretary, and Gen. David Goldfein, the Air Force chief of staff, had ordered the Air Force inspector general to work with the Pentagons inspector general to conduct a complete review of the Kelley case and relevant policies and procedures.
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Read more: https://www.nytimes.com/2017/11/06/us/texas-shooting-church.html
DrDan
(20,411 posts)cwydro
(51,308 posts)In this case, thats a damn shame.
Yes, the VA, Army, Navy, or Air Force can be sued in certain circumstances. If you or a family member are the victim of medical negligence or suffered serious personal injuries as a result of the negligence of a federal employee, you may be able to bring a claim against a federal agency, like the Department of Veterans Affairs, the Department of the Army, the Department of the Navy, or the Department of the Air Force. If the negligent health care provider in your case committed malpractice at a domestic military base or a VA hospital, the case may be governed by the Federal Tort Claims Act (FTCA). The FTCA is a federal law that allows plaintiffs injured by the negligent acts of federal employees to file claims against the United States for damages.
https://nationaltriallaw.com/can-sue-va-army-navy-air-force/
Voltaire2
(13,042 posts)There are no serious impediments to anyone buying a weapon without going through a background check.
doc03
(35,340 posts)Voltaire2
(13,042 posts)There are no serious impediments to white guys wishing to purchase weapons. Some states do a better job of closing loopholes, like for example New York, but other states don't. So if you do a little research you can work around the laws in your area, and if you look right, there won't be any problems.
doc03
(35,340 posts)record. I was right for a change.
Paladin
(28,262 posts)Thanks to the tireless efforts of the NRA to kneecap all governmental entities with responsibility for it.
LisaM
(27,813 posts)It's terrible and it should never have happened, but I hope this forces every branch of the Armed Services to double check their databases asap. It's better that they admit this egregious error than try to cover it up.
I still can't believe Anthony Weiner got more jail time than this thug, and I have no love lost for Anthony Weiner.
Egnever
(21,506 posts)For the love of Pete we can't even keep known fucking monsters from buying guns.
Is it any wonder we are were we are with gun violence?
defacto7
(13,485 posts)Was it a mistake type error, or one of those errors that just slip by depending on who's doing paperwork? How many more errors are out there?
Johnny2X2X
(19,066 posts)The military is all about doing favors for each other. Doubt this was an honest mistake.
Lee-Lee
(6,324 posts)Why would anyone on the legal side do favors for a just convicted cargo handler who was headed for jail followed by a BCD?
Crunchy Frog
(26,587 posts)TexasBushwhacker
(20,192 posts)BTW, you CAN sue the military. It's not easy, but it can be done.
I had a friend in college who was an Army brat. This was back in the 70s. Her mother had a lump in her neck that was biopsied and came back positive for cancer. They said that it was likely terminal but that they could buy her some time by doing a "radical neck" surgery and radiation. They removed all the lymph nodes in the area as well as some muscle tissue. She ended up looking something like this.
After the surgery, she went in to schedule radiation. They said there had been a mistake and she had never had cancer in the first place.
She was able to find a lawyer to represent her and sue for malpractice, disfigurement, and even emotional distress for my friend and her sisters. The case was actually "My Friend's Mom" and vs. The United States of America". They did get a settlement. My friend used hers to pay for college.
The challenge is finding an attorney who is willing to take on the USA.