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How Did The Texas Shooter Pass A Background Check After A Domestic Violence Conviction?
Townhall ^ | November 6, 2017 | Matt Vespa

Posted on 11/06/2017 5:50:18 AM PST by Zakeet

... given that Kelley was given a "bad-conduct discharge" from the U.S. Air Force in 2014, which is not the same as a dishonorable discharge, contrary to previous reports, and spent a year in jail after beating his wife and child in 2012--how did he obtain firearms? Yes, a dishonorable discharge would also make him a prohibited person, but either way, Kelley is a banned person; he a convicted domestic abuser.

Somehow Kelley was able to pass a background check and obtain a rifle at Academy Sports & Outdoors in April of 2016? Yet, I’m sure the search for answers on that front will be buried or lost by the incoming bout of explosive gun control diarrhea from the Left. If they want to push for more background checks, they should know that domestic violence convictions bar you from owning firearms. That provision has been on the books for quite some time. And there is no debate (or at least there shouldn't be) when you're convicted of beating your wife, girlfriend, or and in this case--your spouse and kids--you deserve to have your gun rights stripped.

(Excerpt) Read more at townhall.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: 2ndamendment; backgroundcheck; churchshooting; guns
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To: 2banana

Bad conduct No, Dishonorable Yes.

They don’t ask if it was anything other than Honorable, they ask specifically for Dishonorable.


21 posted on 11/06/2017 6:14:29 AM PST by ImJustAnotherOkie
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To: Zakeet

Reports are that he didn’t pass a background check in TX and was denied permission to own a weapon.


22 posted on 11/06/2017 6:14:54 AM PST by kabar
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To: 2banana

“Doesn’t a bad conduct discharge (BCD) also prevent someone from buying a gun?”

Yes, because it requires a military/federal conviction.


23 posted on 11/06/2017 6:15:09 AM PST by CodeToad (CWII is coming. Arm Up! They Are!)
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To: ViLaLuz

Reggie Love?


24 posted on 11/06/2017 6:15:37 AM PST by jospehm20
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To: kabar

The report I heard said he was denied a carry permit. There are many people who can own funs but do not qualify for a LTC.


25 posted on 11/06/2017 6:19:24 AM PST by jospehm20
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To: eyeamok

The case files should have all the specifics. I too wonder about the overly broad definition of ‘domestic violence’ when it comes to local law enforcement. Assault tells me much more and is still overly broad. Maybe we should have concepts like ‘domestic violence — assault’, so that it can’t be used scurrilously like I suspect happens more often that you would think.


26 posted on 11/06/2017 6:22:56 AM PST by Fhios (Down with your fascism, up with our fascism.)
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To: Zakeet

Didn’t he also have a DD from the military? That should have also prevented him from buying a firearm.


27 posted on 11/06/2017 6:22:57 AM PST by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~)
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To: eyeamok
The reports I saw and heard said he was convicted of “Assault” and not Domestic Violence, There is a Big Difference in the Law, Assault does not prevent you from firearm ownership.

The UCMJ does not have a specific charging article for domestic violence. He was charged under Article 128 for assault on his spouse and child. That is domestic violence, he should not have passed a background check if the NICS had the correct data on him.

28 posted on 11/06/2017 6:23:45 AM PST by IndispensableDestiny
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To: Zakeet
Uncle Joe knows how he fell through the cracks.

Biden to NRA: We ‘don’t have the time’ to prosecute gun buyers who lie on background checks 01/18/2013

29 posted on 11/06/2017 6:24:45 AM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: MayflowerMadam

I heRd the governor say the guy either lied on the application or left questions unanswered. The article says he bought it at Academy store.


30 posted on 11/06/2017 6:26:21 AM PST by Rusty0604
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To: eyeamok

Read: His dishonorable discharge was never sent to the FBI.


31 posted on 11/06/2017 6:28:59 AM PST by Sacajaweau
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To: ImJustAnotherOkie

He bought it first hand at Academy Sports.


32 posted on 11/06/2017 6:29:03 AM PST by Rusty0604
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To: Zakeet

Just heard on Bill Hemmer’s show that he DIDN’T pass background!


33 posted on 11/06/2017 6:29:58 AM PST by Road Warrior ‘04 (Molon Labe! (Oathkeeper))
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To: eyeamok

Assaulting your wife and child isn’t domestic violence in your opinion?


34 posted on 11/06/2017 6:30:52 AM PST by Rusty0604
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To: Howie66

Academy Sports.


35 posted on 11/06/2017 6:31:28 AM PST by Rusty0604
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To: Zakeet

Let’s see..

Domestic Violence Conviction... No Gun

Dishonorable Military Discharge... No Gun

Felony Conviction...... No Gun

Gun control is a joke... enforce the laws on the books.


36 posted on 11/06/2017 6:32:05 AM PST by tired&retired (Blessings)
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To: Zakeet

Radio reported the Perp lied on 4473.


37 posted on 11/06/2017 6:32:44 AM PST by Big Red Badger (UNSCANABLE in an IDIOCRACY!)
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To: Zakeet

Well jeez! I’m pretty sure all of the shooters in Chicago passed background checks! /s


38 posted on 11/06/2017 6:33:30 AM PST by Road Warrior ‘04 (Molon Labe! (Oathkeeper))
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To: Rusty0604

Assaulting your wife and child isn’t domestic violence in your opinion?

That is NOT what I said and you Know it.

It depends entirely on the Actual Charge(penal Code) he was convicted under. There are Separate Penal Codes for Assault and Domestic Violence, pleading guilty to simple assault in lieu of being found guilty domestic violence is rather common.

You have to actually look at the penal code he was formally convicted under.


39 posted on 11/06/2017 6:34:27 AM PST by eyeamok (Tolerance: The virtue of having a belief in Nothing!)
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To: ImJustAnotherOkie

Correct on both accounts. No new law would’ve prevented this. A murderer’s gonna do what a murderer’s gonna do.


40 posted on 11/06/2017 6:36:10 AM PST by MayflowerMadam (A person's greatest strength is his greatest weakness.)
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