Posted on 07/12/2015 7:37:39 AM PDT by pabianice
Connecticut Sens. Chris Murphy and Richard Blumenthal, both Democrats, have called on President Obama to take executive action to close a “loophole” in federal gun control legislation.
The so-called “default to proceed” rule under the Brady Handgun Violence Prevention Act allows firearm dealers to sell a weapon to an individual if they have not been notified by the FBI of a buyer’s criminal background within three business days.
If the background check has not been completed within three days, the dealer has discretion to sell the firearm.
The rule allowed Dylann Roof, the alleged killer of nine people at a predominantly black church in Charleston, S.C., to purchase a gun even though he was arrested on a felony drug charge and admitted to possessing drugs.
"We shouldn't give known criminals the benefit of the doubt when it comes to guns. If law enforcement needs more than three days to ensure they're not giving weapons to dangerous people, Washington must allow them the time to do their jobs,” Blumenthal and Murphy said in a joint statement.
“If we refuse to act, we're just biding time until this happens again."
The criminal background check on Roof was not initiated until two days after Roof first attempted to purchase the gun and did not discover his admission of drug possession until five days later.
FBI Director James Comey told reporters Friday that Roof “should not have been allowed to purchase the gun he allegedly used that evening,” referring to the deadly June 17 attack.
Republicans, however, blame the failure to bar Roof from obtaining a gun on “bureaucratic bungling” and say additional regulation is not necessary.
(Excerpt) Read more at thehill.com ...
Even so, a person must be under indictment for a felony to be prohibited from receiving a firearm via a 4473; not sure if that was the case.
Third, mere possession of drugs, whether admitted to or determined by a conviction, is not enough to make one "an unlawful user of, or addicted to" a drug. When I researched the topic a few years ago, that term had no established legal meaning.
This is the FBI/BATFE looking to circumvent due process by expanding the disqualifiers and making the background che ck more onerous than allowed by law.
Obviously nobody did one on the lyin’ king. And yet, he’s privy to all the super secret stuff we got. What the hell? I’ve been through a lot more stringent BGC’s for my former jobs than this assclown. Disgusted? Yup!
Considering the failure that the Brady law is, how about the Government bring itself into compliance with the law as it exists? The FBI should be forced to submit a response within 3 business days.
Instead of our taxes being used to create questionable actions such as Fast and Furious, how about they take that money and apply it to making sure FBI can do it’s job instead?
I cant describe the anger these Facists instill in me with their imperial decrees. It truly is no longer America
I thought his dad bought the gun for him?
Since America is in a post Constitutional period, Desoptic actions by Imam Hussien Obama makes sense.
Correction:
Connecticut Sens. Chris Murphy and Richard Blumenthal, both freedom-hating Communist idiots, have called on President Obama, a fellow freedom-hating Communist idiot, to take executive action to close a “loophole” in federal gun control legislation.
The Second Amendment of the United States Constitution reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” ........... Didn’t notice anything in there about background checks, permits, or any other restrictions. IMO, all laws restricting ownership or possession of arms,(not just firearms,all arms) is unconstitutional.
“Connecticut Sens. Chris Murphy and Richard Blumenthal”
There’s a pair that will beat a full house...
“Now they can drag their feet as long as they want to like”
And that’s what it’s all about.
My thoughts exactly....but former pres Obama thinks he has his pen and phone and will do what he wants, but that’s just about to change really soon, September is coming....
I have filled out Forms 4473 on purchases more times than I am willing to admit here. I understand all the questions completely. The ones related to offending crimes are usually related to conviction or adjudication (in the case of mental incapacity). There one question about narcotics and use, but it is asked in present tense, i.e., do you NOW use illegals substances, not HAVE you ever?
Frankly, suspicious me based on FBI/ATF performance in the past on terrorism and F&F tells me they lie - unequivocally. For me to believe he “would have” had it not been for this 3 day bypass been denied a confirmation number, I’d have to see a certified copy of the Form 4473 this person filled out to believe what government says.
This criminal monster planned his attack for SIX MONTHS, but the problem is the three day rule. Uh huh.
“...there is nothing anyone can do aside from being prepared to defend against them. “
And in a strange way, the churches are also to blame because they are “gun-free” zones. AKA shooting galleries for nutjobs. If just one of those nine people in the church had had a gun, there would have been a whole lot few of them killed!
“You may not believe in God.
You may not like guns,
But when the time comes,
You will call for a man with a gun,
And pray to God he gets there in time!”
Those ‘accusations’ must be accompanied by a “court order”. I’ve been though these 4473s over and over.
Dylann Roof was allowed to purchase his gun because the FBI/FEDGuv screwed up—It’s no more complicated than that.
Fire and jail the lot of them.
BTW—This is the same FEDGuv that is in charge of your healthcare.
“Well, apparently just an accusation of “domestic abuse/violence” is enough to get someone on the “DO NOT SELL TO” list in a lot of places.”
I would add that you should be very circumspect about the drugs you allow your doctor to prescribe for you. A lot of the drugs used to treat mental disorders also find uses that are unrelated to a personality problem, but the fact that they are psychotropic, can cause problems with gun ownership as well.
And yes, the 4473 asks if one "is an unlawful user of, or addicted to..." controlled substances. Problem is there are no laws against drug USE, generally, just possession, or trafficking. Also, there does not exist, as far as I know, any due process for adjudicating someone as a drug "addict."
Yup. And, if you’ve been to the VA and been “counseled”, you could be in for a rude awakening. But I don’t think that’s too much of a problem since the VA seems to have a hard time getting there act together.
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