Texas church shooter dishonorably discharged from the US Air Force

stgislander

Well-Known Member
PREMO Member
It proves not a thing about the availability of guns, except that maybe we needed more good guys with guns to avoid even more deaths. It proves freedom is risky. So, the question is, do you accept the risk, or do you want less freedom?

:yay:
 

Kyle

ULTRA-F###ING-MAGA!
PREMO Member
Those that would trade genuine freedom for "perceived safety" deserve neither.
 

GURPS

INGSOC
PREMO Member
'SHE'S A BAD B***H' Texas church shooting – Facebook rants of ‘creepy’ gunman Devin Kelley, 26, who preached atheism before killing 26 churchgoers


THE “deranged” gunman who killed 26 churchgoers in Texas was militant atheist who ranted on Facebook about “stupid” religious people.

Devin Kelley, 26, who opened fire on worshippers in First Baptist Church of Sutherland Springs yesterday, was described as “creepy” and “weird” by former schoolmates.
Texas shooter Devin Kelley is described as 'weird' and as being an 'atheist' by his former classmates

Texas shooter Devin Kelley is described as 'weird' and as being an 'atheist' by his former classmates

Classmate Nina Rosa Nava write on Facebook that the mass murderer used to rant on the social network about his atheist beliefs.

She said: “He was always talking about how people who believe in God were stupid and trying to preach his atheism.”


UPDATE: Sutherland Springs Gunman Devin Kelley Wore “All Black” – Facebook Page Suggests He Was Diehard Atheist, CNN Fan
 

b23hqb

Well-Known Member
PREMO Member
Those that would trade genuine freedom for "perceived safety" deserve neither.

Agreed. My big question since I heard this yesterday, is was the perp legally allowed to own or purchase a firearm? Stemming from a courts martial conviction and subsequent dishonorable discharge, I would hope not. And if they are legally allowed to own a firearm, I, as an avid 2A proponent, would like to have that law changed to make it illegal for any dishonorably discharged person to possess a firearm of any kind.

This is what I found, and it looks pretty clear to me:

The dishonorable discharge is based on a general court-martial conviction. This means the conviction is a felony, regardless of what the underlying offense may have been. The convicted felon is banned from possessing a firearm including Title II Firearms (a Silencer, SBR, SBS, AOW, or Machine Gun).

A person who is convicted of a crime that is punishable by imprisonment for more than one year ( including a dishonorable discharge) is prohibited from possessing a firearm. Under 18 U.S.C. 922(g), a felon who is found guilty of gun possession may serve up to 10 years in prison.

"If you have been convicted of a felony or a dishonorable discharge, be careful of constructive possession. You could be guilty of being in possession of a firearm if your spouse or another family or household member has a firearm that you “could” access."

https://www.guntrustlawyer.com/2010/09/dishonorable-discharge-and-nfa.html
 

black dog

Free America
I posted that 20 minutes ago.

I'll give you the lucky star of the day... :killingme

images (46).jpg
 

stgislander

Well-Known Member
PREMO Member
Was it a Dishonorable Discharge or a Bad Conduct Discharge? Two sites I looked at didn't say that someone discharged with a BCD was not allowed to own a firearm.
 

Ken King

A little rusty but not crusty
PREMO Member
Was it a Dishonorable Discharge or a Bad Conduct Discharge? Two sites I looked at didn't say that someone discharged with a BCD was not allowed to own a firearm.

If the charge that resulted in his BCD was a felony, it is still a Federal felony conviction and that would result in being "barred" from possessing firearms.
 

Kyle

ULTRA-F###ING-MAGA!
PREMO Member
If the charge that resulted in his BCD was a felony, it is still a Federal felony conviction and that would result in being "barred" from possessing firearms.

Maybe he bought it through "Fast and Furious" using the Democrats discount code.
 

GURPS

INGSOC
PREMO Member
Air Force Error Allowed Texas Gunman to Buy Weapons


Under federal law, the conviction of the gunman, Devin P. Kelley, for domestic assault on his wife and toddler stepson — he had cracked the child’s skull — should have stopped Mr. Kelley from legally purchasing the military-style rifle and three other guns he acquired in the last four years.

“The Air Force has launched a review of how the service handled the criminal records of former Airman Devin P. Kelley following his 2012 domestic violence conviction,” the Air Force said in a statement.

The statement said Heather Wilson, the Air Force secretary, and Gen. David Goldfein, the Air Force chief of staff, had ordered the Air Force inspector general to “conduct a complete review of the Kelley case.”

The Air Force also said it was looking into whether other convictions had been improperly left unreported to the federal database for firearms background checks.

New details of the killings also emerged on Monday, including a possible motive. Law enforcement officials said Mr. Kelley may have been driven by anger toward his estranged wife’s family, the final chapter in a life full of domestic rage. In addition to his court-martial, in which his previous wife was the victim, he had been investigated on a rape complaint, though he was not charged and his relationship to the woman in the complaint was unclear.
 

b23hqb

Well-Known Member
PREMO Member
Air Force Error Allowed Texas Gunman to Buy Weapons


Under federal law, the conviction of the gunman, Devin P. Kelley, for domestic assault on his wife and toddler stepson — he had cracked the child’s skull — should have stopped Mr. Kelley from legally purchasing the military-style rifle and three other guns he acquired in the last four years.

“The Air Force has launched a review of how the service handled the criminal records of former Airman Devin P. Kelley following his 2012 domestic violence conviction,” the Air Force said in a statement.

The statement said Heather Wilson, the Air Force secretary, and Gen. David Goldfein, the Air Force chief of staff, had ordered the Air Force inspector general to “conduct a complete review of the Kelley case.”

The Air Force also said it was looking into whether other convictions had been improperly left unreported to the federal database for firearms background checks.

New details of the killings also emerged on Monday, including a possible motive. Law enforcement officials said Mr. Kelley may have been driven by anger toward his estranged wife’s family, the final chapter in a life full of domestic rage. In addition to his court-martial, in which his previous wife was the victim, he had been investigated on a rape complaint, though he was not charged and his relationship to the woman in the complaint was unclear.

Heard that this AM, and that answers my question posed in post #25.
 

Ken King

A little rusty but not crusty
PREMO Member
Air Force Error Allowed Texas Gunman to Buy Weapons


Under federal law, the conviction of the gunman, Devin P. Kelley, for domestic assault on his wife and toddler stepson — he had cracked the child’s skull — should have stopped Mr. Kelley from legally purchasing the military-style rifle and three other guns he acquired in the last four years.

“The Air Force has launched a review of how the service handled the criminal records of former Airman Devin P. Kelley following his 2012 domestic violence conviction,” the Air Force said in a statement.

The statement said Heather Wilson, the Air Force secretary, and Gen. David Goldfein, the Air Force chief of staff, had ordered the Air Force inspector general to “conduct a complete review of the Kelley case.”

The Air Force also said it was looking into whether other convictions had been improperly left unreported to the federal database for firearms background checks.

New details of the killings also emerged on Monday, including a possible motive. Law enforcement officials said Mr. Kelley may have been driven by anger toward his estranged wife’s family, the final chapter in a life full of domestic rage. In addition to his court-martial, in which his previous wife was the victim, he had been investigated on a rape complaint, though he was not charged and his relationship to the woman in the complaint was unclear.

Nice to see they are investigating.... Wait, what, there is a DOD IG report from 2015 that says it is a known problem and they say it ain't just the USAF - https://media.defense.gov/2015/Feb/12/2001713470/-1/-1/1/DODIG-2015-081.pdf
 

GURPS

INGSOC
PREMO Member
Government Responsible For Fatal 2017 Texas Church Shooting After Failing To Report Domestic Violence


A district court ruled that the U.S. government is directly responsible for a mass shooting that took the lives of 26 people at a church in Texas in 2017.

According to the U.S. District Court for the Western District of Texas, the U.S. Air Force holds 60 percent of the blame for the Sutherlands Springs shooting after it failed to report that 26-year-old shooter Devin Kelley was convicted of aggravated assault against his stepson and wife in 2012, which led to his release from the military branch in 2014.

Federal law requires that government agencies properly communicate dishonorable discharges and domestic violence convictions, but after the Air Force failed to “submit the final disposition report to the FBI within 15 days,” Kelley was cleared on his background check to purchase an AR-556 rifle from Academy Sports + Outdoors to carry out the shooting.

The families of the victims tried to file suit against Academy for selling Kelley the weapon, a notion dismissed by the Texas Supreme Court, but the judge reinforced that the government is to blame.

“The Court concludes that the Government failed to exercise reasonable care in its undertaking to submit criminal history to the FBI,” Judge Xavier Rodriguez wrote in his opinion. “The Government’s failure to exercise reasonable care increased the risk of physical harm to the general public, including Plaintiffs. And its failure … caused the deaths and injuries of [the victims] at the Sutherland Springs First Baptist Church on November 5, 2017.”
 
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