FBI: Church gunman shouldn't have been able to get gun
Source: Associated Press
FBI: Church gunman shouldn't have been able to get gun
Eric Tucker, Associated Press
Updated 2:13 pm, Friday, July 10, 2015
WASHINGTON (AP) The gunman charged in the Charleston, South Carolina, church massacre should not been allowed to purchase the weapon used in the attack, FBI Director James Comey said Friday as he outlined a series of "heartbreaking" missed opportunities and inaccurate paperwork that allowed the transaction to take place.
"We are all sick that this has happened," Comey told reporters in an unusual, hastily-scheduled meeting at FBI headquarters. "We wish we could turn back time, because from this vantage point, everything seems obvious. But we cannot."
The problems stemmed from an arrest of Dylann Roof in South Carolina weeks before the shooting. During that arrest, police say he admitted to possessing illegal drugs.
Under federal rules, that admission alone should have been enough to disqualify him from an April gun purchase even though he wasn't convicted of the charge. But, Comey said, the FBI background check examiner who evaluated Roof's request to buy a gun never saw the arrest report because the wrong arresting agency that was listed on the list rap sheet that she reviewed.
Read more: http://www.chron.com/news/crime/article/FBI-Church-gunman-shouldn-t-have-been-able-to-6377649.php
tymorial
(3,433 posts)I can only imagine the guilt that she lives with everyday. Just further proof that the existing system doesn't work. Even if the woman did manage to catch this, there is nothing stopping Roof from obtaining a gun through illicit means.
SunSeeker
(51,559 posts)Due to the fact that Roof's background check took longer than three days to complete, the gun shop owner was allowed to sell the gun to Roof. The law permits gun sellers to sell guns if a background check takes longer than three days to complete.
http://www.cnn.com/2015/07/10/politics/dylann-roof-fbi-gun-south-carolina/index.html
still_one
(92,204 posts)SunSeeker
(51,559 posts)And he got that gun because of a gun nut coddling law that puts his sick desire for immediate gun gratification over the safety of the rest of us.
A thorough background check can't be done in 3 calendar days, particularly if those days fall on a weekend or holiday. Indeed, this "3 days or give him the gun" law guarantees that the very people who should be blocked from purchases --people with a long, problematic, complicated paper trail--are exactly the folks that will cause the FBI to run up against the 3-day deadline.
The 3-day law had no rational justification.
still_one
(92,204 posts)I am for strong gun laws and background checks, but this creep was going do it regardless. He would have procured the weapon illegally if needed. The white supremists he associated with would have gotten him one
SunSeeker
(51,559 posts)We must try to stop the mentally ill and criminals from buying guns. Just throwing up your arms because some might still get a gun makes no sense. We don't know for sure what would have happened if Roof was turned down, other than, at a minimum, that those 9 poor souls would have lived at least a few more days.
Strong background checks work. Sabotaging a background check attempt by throwing in this 3-day limit for searches, and equating no reply from the FBI with an approval, is insane.
petronius
(26,602 posts)https://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet
Most of the checks are instant and automatic, if the person doesn't show up in any of the databases. The human intervention only occurs when the buyer's name is listed, and the Examiner at the point has to determine if the person is a prohibited buyer...
SunSeeker
(51,559 posts)petronius
(26,602 posts)reason for the NICS Examiner to need more info, and there's a clear path to getting that info (i.e., not a fishing trip), I think it's reasonable to wait more than three days*. (Here in California, the corresponding limit for a DOJ background check is 30 days.)
Other things that would help would be accurate information in the FBI data (in this case, apparently, the FBI did not know the correct county for the relevant police department), more Examiners (it seems that this one didn't start the review until two days had elapsed), and some strong incentives to state and local entities to enter information correctly and in a timely manner.
An additional question that's relevant here is what happened after the three days expired: the FBI is supposed to continue the investigation for two more weeks (IIRC) and notify local authorities to retrieve the firearm if reason for a purchase denial exists. I haven't seen if that happened here...
* Edit: Also, of course, the FBI should be required to issue the approval immediately upon receipt of the necessary info, and not wait out the duration of the research period.
TexasBushwhacker
(20,192 posts)The default answer to buying a gun should be NO. until a gun dealer gets an affirmative answer that the customer is clear to buy a weapon, NO WEAPON SHOULD BE SOLD. Fuck 3 days.
SunSeeker
(51,559 posts)hack89
(39,171 posts)To easy to impose a defacto ban by "losing" applications. When it comes to civil liberties the default should always be yes.
The answer is to properly fund the system and make the states enter the necessary data in a timely manner.
SunSeeker
(51,559 posts)...instead of 3 calendar days?
hack89
(39,171 posts)Ten days or ten minutes - makes no difference if the data is not there or the investigator makes a mistake.
SunSeeker
(51,559 posts)The FBI person tried calling to confirm the paperwork but had not gotten a call back. A few more business days would have allowed her to follow up. Sometimes people are out of the office, on vacation, etc. Why not give the FBI a reasonable amount of time to do the background check? As you point out, most of the time it is pretty instantaneous when there is not a paper trail issue. When there is a problem, the FBI should have a reasonable amount of time to resolve it. A 10 business day waiting period puts an insignificant burden on lawful gun purchasers.
TexasBushwhacker
(20,192 posts)You don't have a right to buy them fast.
hack89
(39,171 posts)Civil rights are that important.
Darb
(2,807 posts)And all of you know it. The only ground you have to stand on is the lunatic fascists on the Supreme Court who are wrong on every single issue, yet you seem to think they are right on this one.
The 2nd is about the militia, that's why they led off with it. There is no militia, we have a standing army. The 2nd is mute.
hack89
(39,171 posts)It says the 2A protects an individual right. President Obama has said the same. Is he a fascist?