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Tue Sep 3, 2019, 04:21 PM

Texas shooter evaded background check by purchasing weapon in private sale

Source: CBS/AP

Texas shooter evaded background check by purchasing weapon in private sale

SEPTEMBER 3, 2019 / 4:21 PM / CBS/AP

The 36-year-old gunman who killed seven people and wounded 22 others in West Texas on Saturday purchased his AR-style rifle from a private seller, federal law enforcement sources confirmed to CBS News. The purchase allowed the gunman to evade a federal background check. Sources also say the gunman was previously denied a gun purchase because he was determined to be mentally unfit.

The investigation into who sold the weapon is ongoing. Authorities said the gunman was killed by officers outside a busy movie theater in Odessa. It was at least the 38th mass killing this year.

Online court records show the gunman, identified as Seth Aaron Ator, was arrested in 2001 for a misdemeanor offense that would not have prevented him from legally purchasing firearms in Texas.

FBI special agent Christopher Combs said Ator "was on a long spiral down" before the shooting on the day he was fired from his trucking job. He went to work that day "in trouble," Combs said. He said the place where the gunman lived was "a strange residence" and that the condition reflected "what his mental state was going into this."

Jeff Pegues contributed to this report.


https://www.cbsnews.com/news/texas-shooter-evaded-background-check-by-purchasing-weapon-private-sale-2019-09-03/

20 replies, 1453 views

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Arrow 20 replies Author Time Post
Reply Texas shooter evaded background check by purchasing weapon in private sale (Original post)
Eugene Sep 3 OP
guillaumeb Sep 3 #1
Runningdawg Sep 3 #3
guillaumeb Sep 3 #4
hack89 Sep 3 #5
Runningdawg Sep 3 #6
hack89 Sep 3 #7
Runningdawg Sep 3 #8
hack89 Sep 3 #9
Marengo Sep 5 #18
Runningdawg Sep 3 #2
ManiacJoe Sep 3 #11
Runningdawg Sep 4 #12
discntnt_irny_srcsm Sep 4 #13
friendly_iconoclast Sep 4 #14
discntnt_irny_srcsm Sep 4 #15
oneshooter Sep 3 #10
aikoaiko Sep 4 #16
Straw Man Sep 5 #17
MartinLane Sep 5 #19
yagotme Sep 7 #20

Response to Eugene (Original post)

Tue Sep 3, 2019, 04:24 PM

1. Demonstrating the need for strict regulation of all private sales.

Require that the transaction be done at a police station with paperwork showing a background check has been done. And issue/require a Bill of Sale with a copy going to the IRS so the proceeds are treated as income, with taxes due.

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Response to guillaumeb (Reply #1)

Tue Sep 3, 2019, 04:53 PM

3. Heh - great minds think alike :)

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Response to Runningdawg (Reply #3)

Tue Sep 3, 2019, 04:59 PM

4. True, but this all seems obvious. eom

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Response to guillaumeb (Reply #1)

Tue Sep 3, 2019, 06:08 PM

5. My state has UBCs. They work well. Nt

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Response to hack89 (Reply #5)

Tue Sep 3, 2019, 07:41 PM

6. Does your state have gun shows?

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Response to Runningdawg (Reply #6)

Tue Sep 3, 2019, 07:46 PM

7. Yes. But usually only licensed dealers can participate

so private sales are not an issue. Many cities and states have the same requirement.

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Response to hack89 (Reply #7)

Tue Sep 3, 2019, 07:49 PM

8. OK hosts one of the largest in the nation several times a year

EVERYONE knows you don't go inside. The real deals are in the parking lot. I have been with people who have bought and sold guns in this manner. Cops/security driving around and never see a thing...I want to know how they are going to stop THAT.

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Response to Runningdawg (Reply #8)

Tue Sep 3, 2019, 07:51 PM

9. OK has to pass UBCs to start with

after that, you have to convince the public it is worth the effort.

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Response to guillaumeb (Reply #1)

Thu Sep 5, 2019, 04:28 PM

18. How about the same IRS reporting requirement

For any private party sale of anything?

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Response to Eugene (Original post)

Tue Sep 3, 2019, 04:52 PM

2. Private sales should be

brokered by an authorised dealer who will comply with all the background checks and submit the proper forms to the proper authorities. The buyer/seller can quibble over who pays his fee. ALL weapons should be required to have a certified bill of sale. If you can't prove you own it, you don't get to keep it + fine and jail time for multiple offenses. Catch a dealer faking it, automatic prison time.

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Response to Runningdawg (Reply #2)

Tue Sep 3, 2019, 11:00 PM

11. Why jump through the hoop.

Instead of paying a dealer to run the NICS background check, why not let the private seller do it instead of prohibiting the private seller from doing it?

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Response to ManiacJoe (Reply #11)

Wed Sep 4, 2019, 09:48 AM

12. Because they can't be trusted

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Response to Runningdawg (Reply #12)

Wed Sep 4, 2019, 10:49 AM

13. Why not make these checks available free at local law enforcement? n/t

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Response to discntnt_irny_srcsm (Reply #13)

Wed Sep 4, 2019, 03:10 PM

14. Because that wouldn't inconvenience gun owners enough to suit prohibitionists

I (and many, many others) have long advocated for publicly available background checks.

So far, we have all been studiously ignored by the gun-averse

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Response to friendly_iconoclast (Reply #14)

Wed Sep 4, 2019, 03:25 PM

15. I don't believe inconvenience plays a role.

It's not about guns; it's about control.

(My little poem for today.)

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Response to Eugene (Original post)

Tue Sep 3, 2019, 08:45 PM

10. If you lie on a 4475 it is a Federal felony.

However I know of no one who has been prosecuted for this.

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Response to Eugene (Original post)

Wed Sep 4, 2019, 08:42 PM

16. Open NICS to the public and require the background check for private sales.


Boom. Done.

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Response to aikoaiko (Reply #16)

Thu Sep 5, 2019, 12:40 AM

17. But, but ...

... we've been told on here that average citizens can't be trusted not to use the NICS system for frivolous and slanderous reasons. This assumes, of course, that the miscreants would be willing to risk the felony charges involving in creating fraudulent and fictitious gun purchases just to potentially embarrass an enemy.

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Response to Eugene (Original post)

Thu Sep 5, 2019, 08:48 PM

19. Not really evasion

 

Last edited Thu Sep 5, 2019, 11:08 PM - Edit history (1)

NICS was never intended to be universal and never intended to be accessed by the public. Private sales are for the most part the default method of buying guns in the USA. Sales from FFL's are common but not really the norm.

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Response to MartinLane (Reply #19)

Sat Sep 7, 2019, 11:33 AM

20. Agree with some, not all...

NICS was set up to be used by LE, not bombarded on a larger scale by civilian use. FFL sales are usually the norm, as this is the only way to get newly made firearms and newly imported surplus arms into circulation. Some used firearms go through FFL's some don't. No way to get #'s on the latter for comparison.

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