gun law 'loophole'

[Pilgrim]

http://www.msnbc.msn.com/id/18087435/



LANSING, Mich. - Despite being denied a permit by police to buy a handgun last month, Anthony LaCalamita III had no trouble buying a shotgun a few weeks later.

Police say the accountant bought the 12-gauge shotgun Friday — the day after he was fired — and used it Monday to shoot three people at his former office in a Detroit suburb, killing a secretary and wounding two executives.

LaCalamita, 38, was able to buy the shotgun because Michigan, like all but four states, doesn’t require a permit to buy a shotgun or rifle. The state is one of only 12 states that require background checks for handgun buyers, but those buying shotguns or rifles need only pass an FBI criminal background check....................................................

 

[TonyD]

Only 12 states have background checks for handguns? I find that hard to believe.

 

[Weerd Beard]

I'm curious why he was denied. Obviously 20-20 hindsight can say that this clown shoudn't have been armed.

But is it somthing that works looking forward as well?

Arrr

-Weer'd Beard

 

[drgrant]

Only 12 states have background checks for handguns? I find that hard to believe.

Well, in most cases the free states just defer to FBI NICS, as they
don't even support the notion of a background check to begin with; so the
only reason the check is conducted at all is because federal law mandates
it.

Some states have their own POC for NICS checks... and I believe they do this
so they can look up state level looney bin records at the same time, eg, records
that the FBI doesn't have access to or doesn't receive all of.

Course what none of the anits/media want anyone to hear is that he
easily could have bypassed the entire system by forging or misrepresenting
his identity enough to avoid detection by it. NICS and the like really only
work if the criminal is dumb enough to be "honest".

-Mike

 

[dd]

To me, the real question is what basis was there for the initial denial of the license? If the Licensing Authority had reason to deny him, why was that reason not in the *system* so that all could see it???? He then would not have passed the NICS (I am assuming that he purchased the shotgun in a gun store vs private sale.)

 

[Pilgrim]

I think everyone is missing the point of me posting this.

So he couldn't buy a pistol from a dealer, by law, he could buy a rifle and did.

If they change the law and say he can't buy a rifle from a dealer, he can and will still be able to buy one from a private citizen.

If they change the law and say he can't buy privately, he still can because the laws only affect people who obey them. If he wants to kill someone, he could give a shit about the laws governing purchases.

It's another feel good another attempt to regulate criminals.

 

[benster]

laws dont stop crazy people from acting crazy. they have laws against murder and that sure didnt stop this guy.

Even if he was denied from buying a pistol or a rifle, he would have done something else. Maybe fire? Knife? Bat? stapler? Are they going to make laws banning everything that can be used as a weapon?

Like the saying goes. guns dont kill ppl, ppl kill ppl.

 

[drgrant]

To me, the real question is what basis was there for the initial denial of the license? If the Licensing Authority had reason to deny him, why was that reason not in the *system* so that all could see it???? He then would not have passed the NICS (I am assuming that he purchased the shotgun in a gun store vs private sale.)

This is because in MI the procedure for buying a handgun is weird- if you don't
have a CCW there, you must get a permit from the police to buy a
handgun. Then the buyer would take that permit, go get a handgun, and
probably have to pass NICS as well at the same time.

The reason the guy probably didn't show up in NICS on the rifle purchase is
because NICS does not have access to the same databases that the PD likely
does. (eg, something to get them into the state's mental health records, etc.)
Many states have laws either prohibitng the sharing of this information with
the feds or there are technical or fiduciary reasons for the sharing of data to
not happen.

Another thing is that felonies and the like typcially end up being findable
via NCIC 2000; a system available to pretty much any domestic LE
agency. Nutcase/looney bin records are not part of NCIC, typically- the
states maintain those. If the state has its own NICS POC, (like FL, for
instance) it might check the FBI NICS system as well as state systems
for red flags. )

That being said, nobody can tell me with a straight face that it is a 110%
surety that his act would have been prevented by a mere BG check.. from
there he could have gone to the black market or obtained a false
identity and still committed the same violent crime in the end.

-Mike

 

[Lynne]

That being said, nobody can tell me with a straight face that it is a 110%
surety that his act would have been prevented by a mere BG check.. from
there he could have gone to the black market or obtained a false
identity and still committed the same violent crime in the end.

-Mike

+1

 

[Jose]

Only 12 states have background checks for handguns? I find that hard to believe.

I'm sure they meant at the state level, not just NICS.