The gunman in the mass shootings at the Washington Navy Yard, Aaron Alexis, had a history of violent outbursts, was at least twice accused of firing guns in anger and was in the early stages of treatment for serious mental problems, according to court records and U.S. law enforcement officials.
But Alexis apparently managed to exploit seams in the nation's patchwork of complicated gun laws designed to keep weapons out of the hands of dangerous people. He was able to buy a shotgun in Virginia with out-of-state identification, even though that would have prevented him from buying a handgun.
It is illegal for gun dealers to sell handguns to such out-of-state buyers, but the Firearms Owners' Protection Act, passed by Congress in 1986, opened up interstate sales for shotguns and rifles. Virginia gun laws require only that an out-of-state buyer show valid identification, pass a background check and otherwise abide by state laws in order to buy a shotgun in the state. Alexis was never prosecuted for the two misdemeanors involving guns.
Alexis bought the shotgun at Sharpshooters Small Arms Range in Lorton, Va. on Saturday, according to a statement from the attorney for the gun range.
Michael Slocum said in an email that Alexis rented a rifle, bought bullets and used the range before buying the shotgun and 24 shells. Slocum said Alexis passed a federal background check.
Law enforcement officials visited the range Monday, reviewing the store's video and other records.
"What the 1986 Firearms Owners' Protection Act did was it made it more convenient for gun buyers," said Kristen Rand, the legislative director at the Violence Policy Center. "That's the road we've been on for a while: The convenience of gun owner always seems to trump the right of victims not to be shot."
Federal gun laws bar the mentally ill from legally buying guns from licensed dealers. But the law requires that someone be involuntarily committed to a mental health facility or declared mentally ill by a judge, and that information must be reported to the FBI in order to appear on a background checks. In the wake of the 2007 shooting at Virginia Tech, state authorities changed state laws to make it tougher for the mentally ill to buy guns there.
But like other recently accused mass shooters, Alexis was never declared mentally ill by a judge or committed to a hospital. He was being treated by the Veterans Administration as recently as August, according to two law enforcement officials, but the Navy had not declared him mentally unfit.
"Virginia gun laws require only that an out-of-state buyer show valid identification, pass a background check and otherwise abide by state laws in order to buy a shotgun in the state."
ReplyDeleteThat's sort of like the same thing that would happen in someone's home state. He would still pass the same NICS check as in his home state.
In Minnesota you need to get a purchase permit from the local Sheriff to purchase a handgun or a military style semi-auto. In this case, that wouldn't apply.
The FOPA addressed many issues relating to firearms. They eliminated recordkeeping requirements for ammunition sales because the ATF said it hadn't ever resulted in the arrest of a criminal.
It outlawed possession by civilians of automatic weapons made after the date of enactment.
It also enacted rules limiting the ATF's ability to harass FFL's which at the time got so extreme that it was investigated by congress.
The failure here is that he was never prosecuted for the two previous incidents, especially the one in which he shot out the tires of a parked car. Do things right the first time, and people like this get caught.
ReplyDeleteAgreed. So you must agree then, that there are many just like this guy among the so-called lawful gun owners. And, I suppose it shouldn't be too difficult for you to accept my term hidden criminal.
DeleteDon't jump to invalid conclusions. He shot out the tires of a parked car. He later called the police to report people keeping him awake with microwaves. Those were two opportunities to address this man's problems.
DeleteBut the point is that until someone does something wrong or dangerously crazy, that person is by definition a good citizen. Our system of law can't function any other way.
NRA Greg the fake professor,
DeleteYou have no respect for the law when you promote taking the law into your own hands. Just another irrational response from an irrational gun loon.
Jim, you're a great one for ad hominem attacks, but you fail at working through the logic of what someone says.
DeleteLogic? You stated you would not call the police on the drug dealer, but handle it yourself with your gun. No logic needed, you clearly stated you would break the law. What's illogical, is your stand for anarchy.
DeleteWhat was his official residence? DC or Texas? Anyone in DC has to buy out of state because there is no where to buy a gun in DC. Kristin Rand is cool with that.
ReplyDelete