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alp227

(32,025 posts)
Fri Jul 10, 2015, 01:14 PM Jul 2015

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

33 replies = new reply since forum marked as read
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Background Check Flaw Let Dylann Roof Buy Gun, F.B.I. Says (Original Post) alp227 Jul 2015 OP
To the NRA and gun nuts - a sale is a sale is a sale LynneSin Jul 2015 #1
Corporations are NOT people. Time to replace the Supreme Court with reasonable minded judges. misterhighwasted Jul 2015 #3
Well we got 4 in there LynneSin Jul 2015 #8
How can we stop the NRA from selling all those guns? ileus Jul 2015 #24
NRA doesn't sell guns, they sell propaganda LynneSin Jul 2015 #29
Yes. Thank You. "They sell propaganda" misterhighwasted Jul 2015 #33
We Need Tighter Federal Gun Control Laws AND severe prosecution/penalties for all misterhighwasted Jul 2015 #2
The seller actually followed the law. The FBI didn't have the right information. lostnfound Jul 2015 #4
OK. Then fix that shit too. What a sorry excuse. Geez maybe they should just use misterhighwasted Jul 2015 #6
So you're into the idea of simple possession of small amounts of drugs Igel Jul 2015 #20
This is about the NRA. misterhighwasted Jul 2015 #31
Three words -none Jul 2015 #25
Thank You. Snome body in this Country does have the power to stop the NRA. misterhighwasted Jul 2015 #30
It seems pretty obvious to me. -none Jul 2015 #32
More details on the FBI screwup (USA Today) lostnfound Jul 2015 #5
Extraordinary display of competence there. n/t Calista241 Jul 2015 #7
"the purchase was delayed for the maximum three days" < So they knew there was a problem, but since jtuck004 Jul 2015 #18
One man's expediency is another's rights. Igel Jul 2015 #21
A report that Dylann Roof only faced misdemeanor drug charges and was allowed to buy a gun Eric J in MN Jul 2015 #9
Under Federal Law, anyone who is an unlawful user of or addicted to any controlled substances... NutmegYankee Jul 2015 #26
law about drug users trying to buy guns Eric J in MN Jul 2015 #27
The FBI believes otherwise. NutmegYankee Jul 2015 #28
What about the gun that his father had given to him? They_Live Jul 2015 #10
the report of the father giving him the gun was wrong Amishman Jul 2015 #11
Okay. I missed that They_Live Jul 2015 #16
Has anyone figured out where he got those potted plants & how they contributed to his state of mind? Petrushka Jul 2015 #12
Oh that is horrible underpants Jul 2015 #13
I doubt that would have mattered. Igel Jul 2015 #22
Do they even really do background checks at all? I_Like_Hammers Jul 2015 #14
Were they misdemeanors? former9thward Jul 2015 #15
Who inputs data on arresting agency - Lexington County, Sheriff's Department or FBI Justice Jul 2015 #17
Probably locals. Igel Jul 2015 #23
This will be Comey's (FBI) latest rationale for intruding more into everyone's lives erronis Jul 2015 #19

LynneSin

(95,337 posts)
1. To the NRA and gun nuts - a sale is a sale is a sale
Fri Jul 10, 2015, 01:21 PM
Jul 2015

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)
3. Corporations are NOT people. Time to replace the Supreme Court with reasonable minded judges.
Fri Jul 10, 2015, 01:28 PM
Jul 2015

A DEM in 2016.

LynneSin

(95,337 posts)
8. Well we got 4 in there
Fri Jul 10, 2015, 01:49 PM
Jul 2015

If we allow another republican in the White House it may be a lifetime until we fix that mistake!

misterhighwasted

(9,148 posts)
2. We Need Tighter Federal Gun Control Laws AND severe prosecution/penalties for all
Fri Jul 10, 2015, 01:25 PM
Jul 2015

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)
4. The seller actually followed the law. The FBI didn't have the right information.
Fri Jul 10, 2015, 01:35 PM
Jul 2015

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)
6. OK. Then fix that shit too. What a sorry excuse. Geez maybe they should just use
Fri Jul 10, 2015, 01:43 PM
Jul 2015

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)
20. So you're into the idea of simple possession of small amounts of drugs
Fri Jul 10, 2015, 03:43 PM
Jul 2015

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)
31. This is about the NRA.
Sat Jul 11, 2015, 05:47 PM
Jul 2015

Drug posession and "hammers" are a piss poor divisive comparison.
Back to the topic.

-none

(1,884 posts)
25. Three words
Fri Jul 10, 2015, 05:34 PM
Jul 2015
National Rifle Association.

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)
30. Thank You. Snome body in this Country does have the power to stop the NRA.
Sat Jul 11, 2015, 05:44 PM
Jul 2015

Call it what it is.
Great post.

-none

(1,884 posts)
32. It seems pretty obvious to me.
Sat Jul 11, 2015, 05:55 PM
Jul 2015

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)
5. More details on the FBI screwup (USA Today)
Fri Jul 10, 2015, 01:42 PM
Jul 2015

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/

 

jtuck004

(15,882 posts)
18. "the purchase was delayed for the maximum three days" < So they knew there was a problem, but since
Fri Jul 10, 2015, 03:30 PM
Jul 2015

profit, or worse, expediency trumps keeping us safe from terrorism and political assassination he got the gun.

Fine work.

Igel

(35,317 posts)
21. One man's expediency is another's rights.
Fri Jul 10, 2015, 03:50 PM
Jul 2015

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)
9. A report that Dylann Roof only faced misdemeanor drug charges and was allowed to buy a gun
Fri Jul 10, 2015, 02:06 PM
Jul 2015
http://www.wltx.com/story/news/crime/2015/06/22/existing-laws-wouldnt-have-stopped-dylann-roofs-gun-purchase/29099243/



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)
26. Under Federal Law, anyone who is an unlawful user of or addicted to any controlled substances...
Fri Jul 10, 2015, 07:22 PM
Jul 2015

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)
27. law about drug users trying to buy guns
Fri Jul 10, 2015, 10:14 PM
Jul 2015

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.

They_Live

(3,233 posts)
10. What about the gun that his father had given to him?
Fri Jul 10, 2015, 02:12 PM
Jul 2015

Is this a different gun? Was that previous story incorrect? It was a .45 as well, I believe.

Amishman

(5,557 posts)
11. the report of the father giving him the gun was wrong
Fri Jul 10, 2015, 02:25 PM
Jul 2015

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)
16. Okay. I missed that
Fri Jul 10, 2015, 03:04 PM
Jul 2015

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.

underpants

(182,817 posts)
13. Oh that is horrible
Fri Jul 10, 2015, 02:44 PM
Jul 2015

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.

I_Like_Hammers

(30 posts)
14. Do they even really do background checks at all?
Fri Jul 10, 2015, 02:45 PM
Jul 2015

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.

Igel

(35,317 posts)
23. Probably locals.
Fri Jul 10, 2015, 03:57 PM
Jul 2015

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)
19. This will be Comey's (FBI) latest rationale for intruding more into everyone's lives
Fri Jul 10, 2015, 03:40 PM
Jul 2015

<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.
</only...>

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