Background Check Flaw Let Dylann Roof Buy Gun, F.B.I. Says
Source: NY Times
WASHINGTON The man accused of killing nine people in an historically black South Carolina church last month should not have been able to buy a gun, the F.B.I. said Friday in what was the latest acknowledgment of flaws in the national background check system.
A loophole in the check system allowed the man, Dylann Roof, to buy the .45-caliber handgun despite his having previously admitted to drug possession, the bureau said. Those conducting the background check did not have access to that police report.
We are all sick this happened, said the F.B.I. director, James B. Comey. We wish we could turn back time.
Mr. Roof now faces murder charges in a case that investigators say was racially motivated. Mr. Roof, who is white, is charged with killing nine people at the Emanuel A.M.E. Church in Charleston.
Read more: http://www.nytimes.com/2015/07/11/us/background-check-flaw-let-dylann-roof-buy-gun-fbi-says.html
LynneSin
(95,337 posts)The NRA doesn't care about the 2nd Amendment. All they care about is profits. If they scare people into thinking that Obama and the democrats will take away people's rights to buy and own guns then the idiots will go out and buy more guns.
The stupid are so gullible.
And to the NRA, Dylann Roof was just a patriotic citizen who had a right to own a gun. Who cared about those little details that he was a racist sociopathic terrorist who wanted to go gun down innocent people.
misterhighwasted
(9,148 posts)A DEM in 2016.
LynneSin
(95,337 posts)If we allow another republican in the White House it may be a lifetime until we fix that mistake!
ileus
(15,396 posts)LynneSin
(95,337 posts)some folks buy into it and think it's reality
misterhighwasted
(9,148 posts)They lobby their propaganda and they profit from ot.
misterhighwasted
(9,148 posts)non-complicit sellers.
Start somewhere. Enough is enough.
Oh ya, and fuck those States Rights under a Federal gun law.
You want Federal money's then comply with Federal laws.
And that goes for all the Cliven Bundys and any KKKristian Religious Right's tax exempt bullshit whining their way out of this.
Enough is Enough.
Time for this National Obscenity to go the way of Gay Marriage & the racist Confederate Flag.
lostnfound
(16,179 posts)He filed, waited three days, the FBI cleared it because they didn't have the report that he had once admitted to having illegal drugs.
misterhighwasted
(9,148 posts)Facebook or Google!
Why is this system so broken & why isn't it fixed yet?
Who makes the laws that keep that info hidden?
I don't know but we need a total effin overhaul of misaligned system & the lax laws over profit that exist today.
What a shameful way to run a government.
Igel
(35,317 posts)being grounds for revoking some rights?
Well, then ...
Churchill: "Madam, would you sleep with me for five million pounds?"
Socialite: "My goodness, Mr. Churchill... Well, I suppose... we would have to discuss terms, of course... "
Churchill: "Would you sleep with me for five pounds?"
Socialite: "Mr. Churchill, what kind of woman do you think I am?!"
Churchill: "Madam, we've already established that. Now we are haggling about the price."
misterhighwasted
(9,148 posts)Drug posession and "hammers" are a piss poor divisive comparison.
Back to the topic.
-none
(1,884 posts)The NRA needs to be declared to be what they actually are. A hate group. And/or maybe a terrorist enabler organization.
Some of the shooting in this country have been classified as a terrorist act. Because the NRA's main function is to fight any and all common sense weapon regulations, they enable practically anyone or group to acquire all the guns they want for the shootings and massacres they plan.
Because these deadly weapons flow from states with lax gun laws, to states that are at least trying to do something constructive and those gun cross state lines, the Federal Government has a responsibility to step in. Congress should not need to do anything, as there is probably laws with enough teeth already in place concerning hazardous items.
All it would take is for someone with the power, to do what is necessary here.
misterhighwasted
(9,148 posts)Call it what it is.
Great post.
-none
(1,884 posts)Why not much smarter people in positions in government, that can do something about it?
Yeah, yeah, I know money, the profit motive. The wrong people are making way too much money making sure we ignore the root problem... Too many gun in the hands of people that should not have gotten their hand on them in the first place.
lostnfound
(16,179 posts)Comey said an arrest record detailing a March 1 drug arrest by the Columbia, S.C., Police Department was not included in materials to be reviewed by the FBI's National Instant Check System, which would have prohibited the April purchase of the 45-caliber handgun.
"Because of an error on our part that allowed the gun to be used to slaughter those people is very painful," Comey said.
During the mandatory background check prior to the attempted April 11 gun purchase, Roof's March 1 arrest on felony drug charges was mistakenly attributed to the Lexington County, S.C., Sheriff's Department, not Columbia police.
The Columbia police report included information that Roof admitted to drug possession, which would have triggered a denial by the FBI NICS review process. That information was never seen by the reviewer because the FBI's database did not include Columbia police contacts in its check of Lexington County, where Roof had been held after the arrest.
Because the reviewer was unable to resolve the matter, the purchase was delayed for the maximum three days before the gun was allowed to be transferred April 16.
http://www.usatoday.com/story/news/nation/2015/07/10/fbi-chief-roof-gun-shooting/29966337/
Calista241
(5,586 posts)jtuck004
(15,882 posts)profit, or worse, expediency trumps keeping us safe from terrorism and political assassination he got the gun.
Fine work.
Igel
(35,317 posts)If arrested, you can be held for a limited amount of time. Then either you're charged or cut free.
The alternative is that you can be arrested and held indefinitely without charges. How long's indefinitely? A week, a month, a year. Some cop picks you up, his superior doesn't say to let you go, that's that. So there are limits on law enforcement.
That may mean you let a guy go because you think he's done something bad but you can't prove it. Then he kills somebody in SF and it's a mess. But the alternative is detention without need to show cause. The trick is writing a law that is general and easy to interpret and use and causes the fewest problems, because perfection exists only in mathematical proofs and in heaven.
Take this case. You apply for a gun and somebody doesn't like something about your case. Maybe your name is the same as somebody else. Maybe he doesn't think African-Americans or Latinos should have guns. Maybe he just let work slip or has too large a backlog because his dept. decided to not put money towards background checks but something else. You apply and wait ... and wait ... and wait. Because of bureaucratic caprice and whim.
Avoiding one problem entails accepting the other. Three days seemed reasonable; perhaps 4 is better. It's unclear that would have helped. Do we rewrite the laws for everybody because of one person? We do that sometimes, and they're often pretty bad laws.
Eric J in MN
(35,619 posts)Nothing would have prevented Roof from buying or owning it, despite a pending drug charge, according to federal gun laws.
Contrary to some media reports, Roof's pending drug charge was not a felony. The charge is a misdemeanor, according to a review of court records, including a copy of the warrant obtained by The Greenville News.
A spokeswoman with the State Law Enforcement Division said Roof's criminal record incorrectly listed the pending charge as a felony due to a data entry error. The record has since been corrected to reflect it is a misdemeanor, she said.
That charge, filed March 2, was for possession of prescription drug Suboxone.
- Nathaniel Cary, Greenville News, June 22, 2015
NutmegYankee
(16,199 posts)is prohibited from owning/buying a firearm. Because of this, the ATF notified all FFLs that anyone with a Medical Marijuana Card is prohibited from buying a firearm, even if state law allows it.
Eric J in MN
(35,619 posts)Federal law also says that any person "who is an unlawful user of or addicted to any controlled substance" is barred from possessing guns. 18 U.S.C. § 922(g)(3). What does that mean? Good question. "The exact reach of the statute is not easy to define," to say the least! United States v. Jackson, 280 F.3d 403, 406 (4th Cir.), cert. denied, 536 U.S. 911 (2002).
The consensus seems to be that the statute does not apply to "infrequent" drug users or to those who used drugs in the "distant past." Instead, it is aimed at those whose drug use is "sufficiently consistent, 'prolonged,' and close in time to [their] gun possession to put [them] on notice that [they] qualified as an unlawful user of drugs under the statute." United States v. Edwards, 38 Fed. Appx. 134, 138 (4th Cir. 2002), cert. denied, --- U.S. ---, 123 S.Ct. 1764 (2003).
http://www.williamslawonline.com/Press-Room/Top-10-Things-Know-About-Federal-Gun-Law.shtml
Being arrested once for drug possession wouldn't cause Dylann Roof to be considered a "consistent" drug user.
NutmegYankee
(16,199 posts)Especially considering it was only a few weeks prior.
They_Live
(3,233 posts)Is this a different gun? Was that previous story incorrect? It was a .45 as well, I believe.
Amishman
(5,557 posts)Roof bought it himself with birthday gift money, and now it seems that he passed the background check because either the police or the FBI botched the processing of Roof's arrest history
They_Live
(3,233 posts)after I had heard and read multiple times that his father had given the gun to him as a birthday gift, and then saw the photo gallery of Dylann posing everywhere with the .45.
I appreciate the reply.
Petrushka
(3,709 posts)underpants
(182,817 posts)I was wondering how someone who was awaiting trial for being on top of a mall could pass a check. I figured since he hadn't been convicted he skirted through.
This is just horrible.
Igel
(35,317 posts)He was presumed innocent until proven guilty.
I_Like_Hammers
(30 posts)I know several people who have "admitted to drug possession" and were still able to walk into Walmart or Bass Pro Shops and easily get a gun. Of course, this was in middle Georgia and they're all white, if that has anything to do with it.
former9thward
(32,012 posts)A misdemeanor conviction will not stop you from getting a gun.
Justice
(7,188 posts)Igel
(35,317 posts)Then again, its not like they don't make mistakes.
Strictly speaking, you should have used an m-dash or two hyphens and your subject line needs a question mark, with no comma after the word "County".
"Who inputs data on arresting agency -- Lexington County Sheriff's Department or FBI?"
Oops. That should have been "it's" in the first line of my post. That'll teach me to be careful about being too judgmental about typos, I guess.
erronis
(15,274 posts)<only_somewhat_sarcastic>
Comey has gone on stage (in front of the congress-stooges) several times and argued that we (them) need the ability to scoop up more information from their peons.
If he/they had been able to do their jobs properly we wouldn't need no freaking official communications between gun buyers/sellers/FBI/CIA/mafia/etc. These communications would already be in that Great Data Bank in the sky (Utah) and analyzed lickety-split by the faultless computer masters.
Root would probably be given a pass since his terrorist score level would be automatically adjusted down due to his skin color, his belonging to a strong right-wing god-loving group, and a youthfulness that implies wisdom.
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