State Law Stopped Gunman From Buying (AR-15) Rifle, Officials Say

[Tx4obama]

State Law Stopped Gunman From Buying Rifle, Officials Say

WASHINGTON — The gunman who killed 12 people at the Washington Navy Yard on Monday test fired an AR-15 assault rifle at a Virginia gun store last week but was stopped from buying one because state law there prohibits the sale of such weapons to out-of-state buyers, according to two senior law enforcement officials.

Instead, the gunman, Aaron Alexis of Texas, bought a law-enforcement-style shotgun – an 870 Remington pump – and used it on Monday as he rampaged through the Navy facility, said the officials, who requested anonymity because of the continuing investigation.

“The gun was broken in half and he had it in a bag,” one official said of the Remington. “He went inside the building and assembled it in a bathroom.”

-snip-

Full article here: http://www.nytimes.com/2013/09/18/us/state-law-stopped-gunman-from-buying-rifle-officials-say.html?smid=tw-share&_r=1&

[NYC_SKP]

1. Well there it is. I've said it a dozens of times, over and over and over.

Expand California's more restrictive gun laws to the other 49 states.

He wouldn't have had that shotgun.

Also, he should have had his guns confiscated and his gun ownership rights revoked in 2004.

ETA: California's waiting period detail:

What is the process for purchasing a firearm in California?

All firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process. California imposes a 10-day waiting period before a firearm can be released to a buyer or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To buy a handgun, a person must be at least 21 years of age, and either 1) possess an HSC plus successfully complete a safety demonstration with the handgun being purchased or 2) qualify for an HSC exemption.

As part of the DROS process, the buyer must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles. A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable.

If the buyer is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing to the firearms dealer with documentation that contains his/her Alien Registration Number or I-94 Number.

Purchasers of handguns are also required to provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification).

http://oag.ca.gov/firearms/pubfaqs

[X_Digger]

10. There was an 8 or 10 day gap between the two, so not sure CA's law would have stopped him.

Assuming of course that you're thinking the 10 day waiting period is what would have stopped him.

We tried waiting periods once before ('93-'98), it had no effect on homicide.

[maddezmom]

2. Wow

Guess it was all he needed in the end. The law on this is messed up, IMO.

[Motown_Johnny]

5. It may have saved some lives, no way to know.

It is possible that if he were able to buy the AR-15 then he might have also obtained high capacity magazines and large amounts of ammo.


Twelve deaths is horrible but it is possible that it could have been worse.

[onehandle]

3. Gun restrictions work. nt

[maddezmom]

4. But he was still able to get the shot gun

And not even sure if there was a waiting period this story would have turned out differently. Seems to me that too many times he fell through the cracks. Starting with his honorable discharge from the Navy, his arrests, his security clearance, etc.

[onehandle]

6. Comprehensive background checks.

In my system, this guy wouldn't be able to even say the word 'gun' without permission.

[Bay Boy]

11. We can pretend that a waiting period would have made a difference...

...but it isn't likely that it would have.

[NickB79]

7. Sounds like a good law

Here in Minnesota, they lump handguns and rifles with pistol grips like AR-15's into the same category. You can't buy either without a purchase permit from your local police department. This is not the same as a permit to carry concealed either; that requires certified classes before it's granted. It usually takes them about 2 weeks to run the background check on you before you get the permit, and it's only valid for 2 years.

[GalaxyHunter]

8. but but everyone is afraid how an AR-15 looks!!!

[bigtree]

9. gun shop says he didn't try to buy AR-15

Talking Points Memo ‏@TPM 14m

Lawyer for gun shop: Alexis did not try to buy AR-15: http://bit.ly/1eQebl5

[Lee-Lee]

12. There is no such law prohibiting AR sales in VA. I think NYT screwed this one up n/t

[The Straight Story]

13. Link to the law:

In addition, no dealer shall sell, rent, trade or transfer from his inventory any assault firearm to any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence. To establish citizenship or lawful admission for a permanent residence for purposes of purchasing an assault firearm, a dealer shall require a prospective purchaser to present a certified birth certificate or a certificate of birth abroad issued by the United States State Department, a certificate of citizenship or a certificate of naturalization issued by the United States Citizenship and Immigration Services, an unexpired U.S. passport, a United States citizen identification card, a current voter registration card, a current selective service registration card, or an immigrant visa or other documentation of status as a person lawfully admitted for permanent residence issued by the United States Citizenship and Immigration Services.

B. 1. No dealer shall sell, rent, trade or transfer from his inventory any such firearm to any other person who is a resident of Virginia until he has (i) obtained written consent and the other information on the consent form specified in subsection A, and provided the Department of State Police with the name, birth date, gender, race, citizenship, and social security and/or any other identification number and the number of firearms by category intended to be sold, rented, traded or transferred and (ii) requested criminal history record information by a telephone call to or other communication authorized by the State Police and is authorized by subdivision 2 to complete the sale or other such transfer. To establish personal identification and residence in Virginia for purposes of this section, a dealer must require any prospective purchaser to present one photo-identification form issued by a governmental agency of the Commonwealth or by the United States Department of Defense, and other documentation of residence.

5. Notwithstanding any other provisions of this section, rifles and shotguns may be purchased by persons who are citizens of the United States or persons lawfully admitted for permanent residence but residents of other states under the terms of subsections A and B upon furnishing the dealer with proof of citizenship or status as a person lawfully admitted for permanent residence and one photo-identification form issued by a governmental agency of the person's state of residence and one other form of identification determined to be acceptable by the Department of Criminal Justice Services

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.2C2

[Lee-Lee]

15. Nothing in here would have stopped him form buying one

Reads that the requirement for an AR is the same as his shotgun, be a US citizen with valid ID showing such, pass the background check.

[Tx4obama]

14. What about 'AR sales in VA' to people that do not reside in that state?

[Lee-Lee]

16. It is legal

I know lots of people from NC who have purchased guns in VA. Officers in my department got their AR's (you could carry one but had to provide your own) from a dealer just across the line often because his prices were better.