*sigh* Okay, guns
Mon Nov 6, 2017 11:12am

Complete fail of current gun legislation:
  • Gunman opens fire at Texas church, kills 26

  • What we know about Texas church shooting suspect Devin Patrick Kelley
    Kelley was once a member of the US Air Force, spokeswoman Ann Stefanek said. He served in logistics readiness at Holloman Air Force Base in New Mexico, starting in 2010.

    Kelley was court-martialed in 2012 for two counts of Article 128 of the Uniform Code of Military Justice, assault on his spouse and assault on their child, Stefanek said. Kelley received a bad conduct discharge, confinement for 12 months and a reduction in rank, she said. The Air Force did not provide a date of the discharge.

    Kelley is accused of killing 26 people, including the 14-year-old daughter of the church's pastor, and injuring more.

    Kelley purchased the Ruger AR-556 rifle in April 2016 from an Academy Sports & Outdoors store in San Antonio, a law enforcement official told CNN.

    When Kelley filled out the background check paperwork at the store, he checked the box to indicate he didn't have disqualifying criminal history, the official said. He listed an address in Colorado Springs, Colorado when he bought the rifle, the official said.

  • Texas Penal Code
    (a) A person who has been convicted of a felony commits an offense if he possesses a firearm:
    (1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
    (2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

    (b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:
    (1) the date of the person's release from confinement following conviction of the misdemeanor; or
    (2) the date of the person's release from community supervision following conviction of the misdemeanor.

    Existing background check regulations and procedures failed.

    • I've been advocating an expansion of the data contained in the NICS database (the one used to conduct background checks) be expanded and better-maintained. This turd was disqualified on two counts:... more
      • The nic database et, Tue Nov 7 7:44pm
        is prone to errors.. Many are finding out. Its also unconstitutional.. Fbi rely on second and third party profilers.
      • When the NICS system was created and data started being ingathered, the law required states to input and update a range of files, but provided no funds to make that happen. So, states ended up... more
        • Unfunded mandatesPikes, Tue Nov 7 5:24am
          I would like to see every bill presented for debate to include a budget for implementation and support should it pass into law. If there is no budget specifically for implementation and support, the... more
          • I agree wholeheartedly....Sprout, Tue Nov 7 9:42am
            IMO if a bill cannot get enough votes to pass without having to dodge the responsibility for paying for it, then it should not pass. Every bill should be FULLY funded from the get go, and if there... more
            • "Cuts" can come by repealPikes, Tue Nov 7 11:52am
              of bad or outdated laws. No need to send those clowns on search and destroy missions of what good they don't like to cut. Something of a "make room" policy instead of an "add on" policy. US legal... more
              • Certainly so. Sprout, Tue Nov 7 12:28pm
                The bill can include another older law/program that it ends/cuts/repeals to free up the funds for the new piece of legislation. One suggestion I heard was a proposal to make every bill die after X... more
        • Good (and infuriating) info, thanks.Poppet, Mon Nov 6 10:42pm
          Making the NICS database system more robust should be a no-brainer, a good use of funds (that is, make it a funded mandate). I'd also like to know just how this guy's data never got filed.
          • I read an article last night indicatingSprout, Tue Nov 7 9:33am
            that the Air Force is acknowledging that they didn't file the paperwork correctly and is trying to find out why to determine if it is a systemic issue or simply an example of human error. I suspect... more
      • isn't automatically entered into the system upon conviction. That could be implemented immediately.
        • It certainly should be. (nm)Poppet, Mon Nov 6 2:11pm
          • Add timePikes, Mon Nov 6 6:46pm
            To double check, triple check, quadruple check, quintuple check, and then check again to make certain diarrhea like this doesn't slip through any cracks. However long that takes to complete, let it.... more
            • I prefer to do it in advance...Sprout, Tue Nov 7 9:40am
              Rather than create a system that delays things at point of sale, create a system of PRE-checks... Kind of like the pre-check system they have with TSA now at the airports where individuals can be... more
            • ...which I think we should, then the system needs to be as robust as possible. This is something well worth funding at the federal level (see Sprout's reply to me about the data reporting being an... more
        • Hopefully, it will beJeeves, Mon Nov 6 1:55pm
          Sounds like something Trump could sign as an executive order.
          • civilian. I personally know of several people who had repeated DUI's while active duty. Many states grandfather state licenses for the duration of your enlistment. Meaning, as long as you're active... more
          • was that a dishonorable discharge (which HAD to be given by a court martial) was ALMOST always going to leave the defendant with the equivalent of a federal felony conviction on their record. I... more