Thursday, September 24, 2015

Another Failure of the Background Check System

16 comments:

  1. This is something you don't see every day. Everytown actually bringing up the abysmal prosecution record in regards to violators of federal gun laws. Though they don't really come out and say very clearly that its wrong.
    If the facts of this case are accurate and Fryberg was neither told, nor his record entered into the NICS database, then this is all on the tribe itself. In fact, they have an impressive list of court services for a tribe. They even have an extensive criminal code which seems to mirror federal law,

    "4.25.560 Firearms disqualification.
    Purpose. It shall be the purpose of this section to prohibit any person from possessing a firearm who has been convicted of a felony or misdemeanor crime of domestic violence, family violence, sexual assault, stalking, or dating violence, as defined under the laws of the Tulalip Tribes, who is subject to a protection order based upon a finding that the person represents a credible threat to the physical safety of the victim; any person who is found mentally incompetent to stand trial; or any person committed for mental health reasons after a domestic violence, family violence, sexual assault, stalking, or dating violence offense, from possessing a firearm."

    http://www.codepublishing.com/wa/Tulalip/

    I'm also going to call BS on the program called TAP. First, the tribe mentioned in this article, has a police department with 24 sworn officers and supporting staff which brings the total to fifty. They seem to track sex offenders who work on the reservation, so they have data access. With a set-up like that, all they should need to do is UPS the computer along with a username and password and they can operate just like any other county government, though in real life, all of the county governments likely bought their own.
    Perhaps this is a niche for Everytown and the other groups. Instead of supplying free gun locks or conducting training to make gun owners safer, they could buy computers to enable the entry of prohibited persons into NICS.

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    Replies
    1. After all the lies and BS you have posted, it's funny for you to be calling BS on anyone else. Your precious NRA could be buying those computers, but they don't believe in them, or they could have done it a long time ago. Maybe the fact the people are responsible for those costs since it was the people who allowed those laws to be passed. It's not a matter of choice like buying your kid a machine gun.

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    2. "Your precious NRA could be buying those computers, but they don't believe in them, or they could have done it a long time ago."

      Well Anon, the NRA has been working in its area of expertise and having a real world effect on gun safety, much like the NSSF. It just seems like a field more suited to Everytown and their fellow travelers since background checks and finding "loopholes" seem to be their forte. Then they could claim that they've actually done something besides lobby for more gun laws.

      "Maybe the fact the people are responsible for those costs since it was the people who allowed those laws to be passed."

      Anon, its a computer, not a stealth fighter. In fact, when I was in truck driving school, I had to get a TSA background check for a hazmat certification. This involved getting my photo and fingerprints submitted digitally. I ended up getting that done in the back room of a used computer store. It aint rocket science.

      "It's not a matter of choice like buying your kid a machine gun."

      Anon, I'm actually not a big fan of automatic weapons. I grew up as an infantryman and prefer aimed shots. Much safer and efficient.
      I am considering though looking into suppressors since Minnesota just legalized their possession by citizens this summer.

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    3. " the NRA has been working in its area of expertise and having a real world effect on gun safety, much like the NSSF."
      Already proved that wrong and when I asked you to present facts, you just did not respond, but you print that lie again, typical for you.
      "its a computer, not a stealth fighter."
      The taxpayer pays for both without a choice because the lawmakers have spoken. What's your point? Another false comparison by you.
      "I am considering though looking into suppressors"
      What? No "cool" flame thrower?
      Thanks for proving again you are a lying, kill crazy, gun loon.

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    4. "Already proved that wrong and when I asked you to present facts, you just did not respond, but you print that lie again, typical for you. "

      http://webappa.cdc.gov/sasweb/ncipc/dataRestriction_inj.html

      There Anon, just go in there and you can see the drop in accidental gun deaths. If you don't want to really make any effort, here is a handy graph,

      http://www.gunfacts.info/wp-content/uploads/2013/09/Accidental-Deaths-chart-2-declining-trend.jpg

      "The taxpayer pays for both without a choice because the lawmakers have spoken."

      It would make the taxpayers' dollar go farther. The NSSF buys gun locks and has been for years saving the taxpayers' money and through the drop in negligent discharges which cause death and injury.

      "What? No "cool" flame thrower?"

      Well Anon, many here might have deduced by my previous comment about machine guns that I'm into this thing called marksmanship. As in aimed precision fire, something that doesn't really work well with machine guns, indirect fire, and of course flamethrowers.

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    5. You know what else might solve this kind of problem? May issue gun licensing.

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    6. "You know what else might solve this kind of problem? May issue gun licensing. "

      How so Mike? He passed repeated NICS background checks, and was even issued a carry permit from the local issuing government who would or should have knowledge of the protective order.

      "Browne said Fryberg did not know he was barred from possessing firearms, and he said he was even issued a concealed-carry permit before the school shootings."

      http://www.seattletimes.com/seattle-news/crime/judge-allows-release-of-father-of-marysville-school-shooter/

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    7. Sorry SS, you were proven wrong about this a long time ago and you haven't earned a second chance, since all you do is lie. You lose kill crazy gun loon.

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    8. Since you have already been proven wrong SS, there's little sense in responding to your childish insults that have nothing to do with the isse. Enjoy yourself loser.

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    9. "who would or should have knowledge of the protective order."

      The local police chief on the reservation probably did and could have exercised his right to deny.

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    10. "The local police chief on the reservation probably did and could have exercised his right to deny."

      So why was the permit issued Mike? In fact, here is the portion or the tribe's carry permit law, a shall issue system by the way, that lists the places where they go for their background check investigation, using the link above,

      "The Chief of Police shall check with the Tulalip Tribal Court, the national crime information center, the Washington State Patrol electronic database, the Department of Social and Health Services electronic database, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 or 9.41.045 to possess a firearm and therefore ineligible for a concealed pistol license. This section applies whether the applicant is applying for a new concealed pistol license or to renew a concealed pistol license."

      And here is the criteria for denial,

      "(a) He or she is ineligible to possess a firearm under the provisions of RCW 9.41.040 or 9.41.045;

      (b) The applicant’s concealed pistol license in any jurisdiction is in a revoked status;

      (c) He or she is under 21 years of age;

      (d) He or she is subject to a Court order or injunction regarding domestic violence, harassment, or firearms pursuant to Tulalip Tribal law or when the applicant is a non-Indian to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.070, or 26.26.590;

      (e) He or she is free on bond or personal recognizance pending trial, appeal, or sentencing for a Class A or felony offense;

      (f) He or she has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or serious Tribal offense;

      (g) He or she has been ordered by any jurisdiction to forfeit a firearm within one year before filing an application to carry a pistol concealed on his or her person; or

      (h) He or she has been found by any court to be mentally unstable or legally incompetent."

      BTW, the protection order was issued by the tribal court.

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    11. Well done, Ssgmarkcr. As you've shown, under shall-issue he would be denied because of his history (had it been properly reported). But under may-issue, he could be denied for being a minority. So there's that.

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    12. Exactly why we need may issue. The system failed to pick him up as disqualified even though everyone knew, presumably, that he was a wife beating lunatic. Shall issue had the police chief's hands tied. You guys love it when dangerous assholes can get guns, it ensures your freedom somehow.

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    13. "Exactly why we need may issue. The system failed to pick him up as disqualified even though everyone knew, presumably, that he was a wife beating lunatic."

      Mike, you're incorrect, the tribal law specifically states that the issuing court would check with the tribal court as part of its investigation prior to issuing a carry permit. This should have brought the protection order to light independent of access to NICS since that is the court that issued the protective order that made him a prohibited person.
      In fact, the law requires denial of the carry permit if one of the listed reasons is present. This of course brings up the question of why he got a carry permit at all. Perhaps the police chief pencil whipped the investigation.

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    14. What do you mean "everyone knew"? If you're going to deny rights, it needs to at least be documented, not just going off memory. Even Santa keeps a list of who's naughty and nice.

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    15. Now SS claims to be a lawyer besides a criminal kill crazy lying gun loon

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