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Background Check Flaw Let Dylann Roof Buy Gun, F.B.I. Says

Posted on 7/10/15 at 4:20 pm
Posted by Shexter
Prairieville
Member since Feb 2014
13815 posts
Posted on 7/10/15 at 4:20 pm
quote:

The man accused of killing nine people in a historically black church in South Carolina last month should not have been able to buy the gun he used in the attack, the F.B.I. said Friday, in what was the latest acknowledgment of flaws in the national background check system.


quote:

In the case of Mr. Roof, the F.B.I. failed to gain access to a police report in which he admitted to having been in possession of a controlled substance, which would have disqualified him from purchasing the weapon. The F.B.I. said that confusion about where the arrest had occurred had prevented it from acquiring the arrest record in a timely fashion.

Mr. Roof’s application was not resolved within the three-day limit because the F.B.I. was still trying to get the arrest record, and he returned to store and was sold the gun.


This might be the end to the 3 day rule.


https://www.nytimes.com/2015/07/11/us/background-check-flaw-let-dylann-roof-buy-gun-fbi-says.html?_r=0





Posted by ZacAttack
The Land Mass
Member since Oct 2012
6416 posts
Posted on 7/10/15 at 4:35 pm to
So, the FBI couldn get their shite together and now are blaming it on a flaw in the back ground check? Right.
Posted by beebefootballfan
Member since Mar 2011
18986 posts
Posted on 7/10/15 at 6:05 pm to
Guess its time to put in some stricter measures to make it more difficult to buy a gun thanks to this little screw up.
Posted by Purple Spoon
Hoth
Member since Feb 2005
17740 posts
Posted on 7/10/15 at 6:11 pm to
Better get a few more bricks of .22.
Posted by GumboPoBoy
Member since Jun 2015
323 posts
Posted on 7/10/15 at 6:25 pm to
I've never known a drug charge to prevent one from purchasing a gun.They're just trying to get the ball rolling to screw everyone.
Posted by TigerOnThe Hill
Springhill, LA
Member since Sep 2008
6807 posts
Posted on 7/10/15 at 6:44 pm to
A local gun dealer told me of an instance a few yrs ago where there were some questions about the buyers application. On the third day, he released the gun to the buyer as the law allows. A day or 2 later the issue had apparently been resolved, but NOT in favor of the buyer; the ATF then went to the buyers house and reclaimed the newly purchased gun from him. Don't know if that's still a part of the procedure or not. The article is pretty shallow and basically just regurgitates the FBI talking points.
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
38719 posts
Posted on 7/10/15 at 6:55 pm to
And I get delayed every time.
Posted by Mung
NorCal
Member since Aug 2007
9054 posts
Posted on 7/10/15 at 7:59 pm to
I don't understand that. I've never not walked out with the gun same day. If there is a problem, why give him the gun?
Posted by wickowick
Head of Island
Member since Dec 2006
45786 posts
Posted on 7/10/15 at 8:03 pm to
The Feds can delay for 3 days. If they can't give a no for whatever reason, then the store can sell it. If it later comes back as a no sale, then the ATF will go to the person's house and have them return the gun or have them transfer to someone that can own the gun.
Posted by Mung
NorCal
Member since Aug 2007
9054 posts
Posted on 7/10/15 at 8:12 pm to
So some flag comes up, precluding an immediate sale, but the gubmint fails to follow up, so they give him the gun?

I understand putting the onus on the ATF. You just can't trust them to get anything right.
Posted by bbvdd
Memphis, TN
Member since Jun 2009
24880 posts
Posted on 7/10/15 at 8:13 pm to
A day or two after the shootings the media had a report from the uncle that the father bought him the gun.

There's some bullshite going on here somewhere.
Posted by Shexter
Prairieville
Member since Feb 2014
13815 posts
Posted on 7/10/15 at 8:13 pm to
quote:

I've never known a drug charge to prevent one from purchasing a gun.They're just trying to get the ball rolling to screw everyone.


There are several questions on a 4473, if he'd answered correctly, should have automatically denied his firearm purchase.


This post was edited on 7/10/15 at 8:15 pm
Posted by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 7/10/15 at 8:14 pm to
quote:

I've never known a drug charge to prevent one from purchasing a gun
I'd be fricked if they cared about little garbage like that. Good thing they don't, but shame on them for using a false excuse for more strict gun control laws
Posted by Shexter
Prairieville
Member since Feb 2014
13815 posts
Posted on 7/10/15 at 8:15 pm to
Questions b and c on that form.
Posted by wickowick
Head of Island
Member since Dec 2006
45786 posts
Posted on 7/10/15 at 8:18 pm to
They should make it illegal to lie on those forms...
Posted by bbvdd
Memphis, TN
Member since Jun 2009
24880 posts
Posted on 7/10/15 at 8:24 pm to
Buncha bullshite

On my phone and can't make a link

LINK
Posted by Shexter
Prairieville
Member since Feb 2014
13815 posts
Posted on 7/10/15 at 8:35 pm to
quote:

Court records from Lexington, North Carolina - where he has been living in a trailer park - reveal he was arrested twice this year on charges of trespassing and drug possession.


If true, he should've had an instant "denied" response from NICS
Posted by TigerOnThe Hill
Springhill, LA
Member since Sep 2008
6807 posts
Posted on 7/10/15 at 10:33 pm to
That's the initial story I heard as well. But it looks like that article may not be up to date...
quote:

PUBLISHED: 09:21 EST, 18 June 2015 | UPDATED: 01:24 EST, 19 June 2015
Posted by TigerOnThe Hill
Springhill, LA
Member since Sep 2008
6807 posts
Posted on 7/10/15 at 10:44 pm to
quote:

If it later comes back as a no sale, then the ATF will go to the person's house and have them return the gun or have them transfer to someone that can own the gun.

Saw my dealer a few hours ago and he confirmed that yes, the FBI can continue to work the background check after the purchase; the purchase can be revoked for up to either 60 or 90 after the sale. In my dealer's case, the ATF called the dealer and gave 2 options: the dealer could call the buyer, cancel the sale and have him bring the gun back to be given to the ATF, or the ATF would go the buyer's residence and pick pick up the gun. Since the dealer knew the buyer, he called him, the gun was brought back to the shop, the money was returned and the dealer sold the gun (lost money on the sale as he sold it as used).

I bet the FBI didn't continue to work the suspicious sale, but instead just wrote it off after 3 days. I expect to see calls for more stringent rules w/ the instant background check even though the problem here appears not to be weaknesses w/ the system, but the failure of the FBI to adequately complete the background check. Even if the "instant" part of the background check was flawed because of problems w/ communication between law enforcement agencies, the FBI had plenty of time to pursue the background check on the back end.
Posted by wickowick
Head of Island
Member since Dec 2006
45786 posts
Posted on 7/10/15 at 10:48 pm to
I think one of the problems with the instant check is pending court cases and cases that have been dropped. It can take time, especially when the courts are closed on the weekend, to get clarification...
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