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Eugene

(61,846 posts)
Tue Sep 3, 2019, 05:21 PM Sep 2019

Texas shooter evaded background check by purchasing weapon in private sale

Source: CBS/AP

Texas shooter evaded background check by purchasing weapon in private sale

SEPTEMBER 3, 2019 / 4:21 PM / CBS/AP

The 36-year-old gunman who killed seven people and wounded 22 others in West Texas on Saturday purchased his AR-style rifle from a private seller, federal law enforcement sources confirmed to CBS News. The purchase allowed the gunman to evade a federal background check. Sources also say the gunman was previously denied a gun purchase because he was determined to be mentally unfit.

The investigation into who sold the weapon is ongoing. Authorities said the gunman was killed by officers outside a busy movie theater in Odessa. It was at least the 38th mass killing this year.

Online court records show the gunman, identified as Seth Aaron Ator, was arrested in 2001 for a misdemeanor offense that would not have prevented him from legally purchasing firearms in Texas.

FBI special agent Christopher Combs said Ator "was on a long spiral down" before the shooting on the day he was fired from his trucking job. He went to work that day "in trouble," Combs said. He said the place where the gunman lived was "a strange residence" and that the condition reflected "what his mental state was going into this."

Jeff Pegues contributed to this report.


https://www.cbsnews.com/news/texas-shooter-evaded-background-check-by-purchasing-weapon-private-sale-2019-09-03/
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Texas shooter evaded background check by purchasing weapon in private sale (Original Post) Eugene Sep 2019 OP
Demonstrating the need for strict regulation of all private sales. guillaumeb Sep 2019 #1
Heh - great minds think alike :) Runningdawg Sep 2019 #3
True, but this all seems obvious. eom guillaumeb Sep 2019 #4
My state has UBCs. They work well. Nt hack89 Sep 2019 #5
Does your state have gun shows? Runningdawg Sep 2019 #6
Yes. But usually only licensed dealers can participate hack89 Sep 2019 #7
OK hosts one of the largest in the nation several times a year Runningdawg Sep 2019 #8
OK has to pass UBCs to start with hack89 Sep 2019 #9
How about the same IRS reporting requirement Marengo Sep 2019 #18
Private sales should be Runningdawg Sep 2019 #2
Why jump through the hoop. ManiacJoe Sep 2019 #11
Because they can't be trusted Runningdawg Sep 2019 #12
Why not make these checks available free at local law enforcement? n/t discntnt_irny_srcsm Sep 2019 #13
Because that wouldn't inconvenience gun owners enough to suit prohibitionists friendly_iconoclast Sep 2019 #14
I don't believe inconvenience plays a role. discntnt_irny_srcsm Sep 2019 #15
If you lie on a 4475 it is a Federal felony. oneshooter Sep 2019 #10
Open NICS to the public and require the background check for private sales. aikoaiko Sep 2019 #16
But, but ... Straw Man Sep 2019 #17
Not really evasion MartinLane Sep 2019 #19
Agree with some, not all... yagotme Sep 2019 #20

guillaumeb

(42,641 posts)
1. Demonstrating the need for strict regulation of all private sales.
Tue Sep 3, 2019, 05:24 PM
Sep 2019

Require that the transaction be done at a police station with paperwork showing a background check has been done. And issue/require a Bill of Sale with a copy going to the IRS so the proceeds are treated as income, with taxes due.

hack89

(39,171 posts)
7. Yes. But usually only licensed dealers can participate
Tue Sep 3, 2019, 08:46 PM
Sep 2019

so private sales are not an issue. Many cities and states have the same requirement.

Runningdawg

(4,514 posts)
8. OK hosts one of the largest in the nation several times a year
Tue Sep 3, 2019, 08:49 PM
Sep 2019

EVERYONE knows you don't go inside. The real deals are in the parking lot. I have been with people who have bought and sold guns in this manner. Cops/security driving around and never see a thing...I want to know how they are going to stop THAT.

hack89

(39,171 posts)
9. OK has to pass UBCs to start with
Tue Sep 3, 2019, 08:51 PM
Sep 2019

after that, you have to convince the public it is worth the effort.

Runningdawg

(4,514 posts)
2. Private sales should be
Tue Sep 3, 2019, 05:52 PM
Sep 2019

brokered by an authorised dealer who will comply with all the background checks and submit the proper forms to the proper authorities. The buyer/seller can quibble over who pays his fee. ALL weapons should be required to have a certified bill of sale. If you can't prove you own it, you don't get to keep it + fine and jail time for multiple offenses. Catch a dealer faking it, automatic prison time.

ManiacJoe

(10,136 posts)
11. Why jump through the hoop.
Wed Sep 4, 2019, 12:00 AM
Sep 2019

Instead of paying a dealer to run the NICS background check, why not let the private seller do it instead of prohibiting the private seller from doing it?

 

friendly_iconoclast

(15,333 posts)
14. Because that wouldn't inconvenience gun owners enough to suit prohibitionists
Wed Sep 4, 2019, 04:10 PM
Sep 2019

I (and many, many others) have long advocated for publicly available background checks.

So far, we have all been studiously ignored by the gun-averse

oneshooter

(8,614 posts)
10. If you lie on a 4475 it is a Federal felony.
Tue Sep 3, 2019, 09:45 PM
Sep 2019

However I know of no one who has been prosecuted for this.

Straw Man

(6,622 posts)
17. But, but ...
Thu Sep 5, 2019, 01:40 AM
Sep 2019

... we've been told on here that average citizens can't be trusted not to use the NICS system for frivolous and slanderous reasons. This assumes, of course, that the miscreants would be willing to risk the felony charges involving in creating fraudulent and fictitious gun purchases just to potentially embarrass an enemy.

 

MartinLane

(37 posts)
19. Not really evasion
Thu Sep 5, 2019, 09:48 PM
Sep 2019

Last edited Fri Sep 6, 2019, 12:08 AM - Edit history (1)

NICS was never intended to be universal and never intended to be accessed by the public. Private sales are for the most part the default method of buying guns in the USA. Sales from FFL's are common but not really the norm.

yagotme

(2,919 posts)
20. Agree with some, not all...
Sat Sep 7, 2019, 12:33 PM
Sep 2019

NICS was set up to be used by LE, not bombarded on a larger scale by civilian use. FFL sales are usually the norm, as this is the only way to get newly made firearms and newly imported surplus arms into circulation. Some used firearms go through FFL's some don't. No way to get #'s on the latter for comparison.

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