Texas Church Shooter Passed Background Check

The Texas church shooter, Devin Kelley, acquired his gun via a background check at a retail sporting goods store in San Antonio.
Kelley opened fire on congregants in First Baptist Church in Sutherland Springs, Texas, on Sunday, killing 26 before being stopped by a good guy with a gun in the parking lot.

This makes Kelley only the latest in a long list of mass public attackers who complied with all gun controls to acquire their firearms, only to use those guns for heinous purposes.
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-WiscoDave

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17 Responses to Texas Church Shooter Passed Background Check

  1. Exile1981 says:

    How? He’s banned from owning a gun. Looks suspicious that the feds approved him for a purchase with his tecord of domestic abuses and his restraining order.

  2. Tsquared says:

    Texas Church Shooter Passed Background Check – Not quite. He lied on the form. Texas also has a problem in their verification process as Kelley should have been identified for his CM.

    • Boone says:

      Thinking he lied as well. Crime(s) of domestic violence as well as less than honorable discharge from military should have failed him.

    • James Fortney says:

      He had to have lied on his ATF form on questions 11 c., g., and i. So how did he pass a background check?

    • Chris Mallory says:

      Texas did deny him a concealed carry permit. But even if he did lie, he would have had to used a false name and fake ID. The Feebs should have caught this when the FFL ran his 4473, either by phone or computer check.

      Supposedly, the weapon was bought at an Academy. I bought a pistol from Academy over the summer and their 4473 verification was computerized. Again the Federal system should have caught this. For what ever reason the Air Force charges and conviction did not make it into the NCIC database.

      • crazyeighter says:

        For what ever reason the Air Force charges and conviction did not make it into the NCIC database.

        But being a vet or a Social Security recipient who has to have someone manage your finances for you damn sure does.

      • M. Sage says:

        Yep. Speaking as a gun nerd in Texas, I can confirm that even if you DO get a CHL here, the state watches for hits on warrants, convictions, etc. and will pull your license immediately. They’ll even fucking suspend it for failing to keep your home address up to date.

    • M. Sage says:

      “Texas also has a problem in their verification process..”

      You apparently don’t know how the “verification process” works. If you did, you’d know that after filling out the 4473, even if you’ve lied on it, the retailer runs you through NICS – the National Instant Check System – which isn’t run at the state level, it’s run by the FBI.

      There is no “verification process” in Texas for there to be a problem with.

  3. AlphaDelta says:

    So, is the loophole that Kelly was (BCD) Bad Conduct Discharge and, not a Dishonorable Discharge?

    https://www.cbsnews.com/news/devin-patrick-kelley-texas-shooting-suspect-sutherland-springs-first-baptist-church-latest/

    What the heck am I missing here?

  4. Andy says:

    How do we know this? NICS information isn’t kept centrally. Right?

    • Chris Mallory says:

      The ATF can track the serial number of a firearm from the manufacturer through the first retail sale, at least. I imagine they tracked the rifle from Ruger to the Academy store and then it was just a matter of looking at the bound book or the 4473’s on file to see who bought the weapon. Sounds like this guy had his name on the 4473.

      I could be wrong, but I think the 4473 has the name of the NCIC employee who gives the go ahead and an authorization code. It has been a while since I had to get the NCIC check since I used my CDWL instead.

  5. BP says:

    A BCD is not the same as a DD. There are several types of military discharge. dD is the only one mentioned on the NICS form.

    • bikermailman says:

      True, but domestic violence is a disqualifying event. He had to have lied on the form, but it still should have been in the system and rejected the sale.

  6. Carl says:

    If his Domestic Violence conviction was at any of the Air Force’s overseas bases, it would not carry forward to the USA.
    I had an on base DUI conviction back in 1993 that never followed me to the States. However if Stateside, it could b e as simple as they never reported it to the civilian authourities.

    • M. Sage says:

      “If his Domestic Violence conviction was at any of the Air Force’s overseas bases, it would not carry forward to the USA.”

      Except he was convicted under UCMJ, not foreign law, which is what I’m thinking happened with your DUI. That conviction absolutely should have followed a person back stateside, since it was prosecuted under US jurisdiction.

      It’s possible your conviction also fell through the same crack his did – USAF simply failed to pass it on as they were supposed to.

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