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Air Force Info Might Have Stopped Sale to Gunman
08 November 2017, 06:07 | Jodi Jackson
"I plan to introduce legislation.to ensure that all federal departments and agencies, including the Department of Defense, upload the required conviction records into the national database", Cornyn said. And that seemingly allowed him to purchase guns - at least two from retailer Academy Sports, although it's unclear if those were the guns used in the Texas shooting, according to the Post. As each new detail emerges from what is still an ongoing investigation, we need to study the whole puzzle, ask ourselves how did this happen, why so many lives were lost and what if anything could have been done to prevent it.
The gunman in Sunday's shooting has been identified as 26-year-old Devin Patrick Kelley, according to law enforcement officials.
The Texas Republican, citing the Justice Department, added that the number of records now being shared with the National Instant Criminal Background Check System (NICS) is "staggeringly low".
"We've initiated a review in the Air Force to find out why his fingerprint records were not transmitted to the database and we'll find out why", she said.
The Air Force's failure effectively erased Kelley's record for the purposes of a federal background check to purchase a firearm.
Under federal law, Kelley should have been barred from obtaining a firearm after he was convicted of two counts for assaulting his spouse and their child.
"This critically important information from the suspect's criminal history was not uploaded into the relevant background check databases, even though a federal law clearly requires that it be done." . "This man should not have gotten a gun".
Sen. John Cornyn (R-Tex.) said that their documentation of assent is abysmal. She said a victim must prove that the Air Force or its employees violated a legal duty, and that the harm was "reasonably foreseeable", but once those burdens have been met, the law specifies that "the government has waived immunity for negligence". In a statement, the US Air Force says it made a mistake by not alerting the Federal Bureau of Investigation of the 26-year-old gunman's violent past. The Pentagon has also requested that its own inspector general review the handling of Kelley's records, along with the Air Force, as well as its reporting practices more broadly.
Adam Winkler, a UCLA law professor who has written about firearms issues, said a judge who heard such a case should be able to draw a connection between the omission of the shooter's name from the database and the bloodshed at the church. Flake noted that the military code does not have a specific classification for domestic violence cases. Anyone convicted of a crime that comes with a sentence of a year or more in jail or has been charged with domestic violence or has been dishonorably discharged from the military flunks the test and the purchase is denied.
Based on these facts, this particular tragedy may have been prevented with better enforcement of existing military guidelines and federal law.
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