And yet he was still able to buy guns

[MichaelHarris]

"Hamilton had an extensive criminal history in Idaho, Arizona, California and Oklahoma, including arrests for violent crimes, domestic battery and drugs, according to court records obtained Tuesday by The Spokesman-Review.

Court records indicate the high school dropout, who received a GED from the University of Idaho about seven years ago, was first arrested in California for a domestic violence charge soon after his 21st birthday.

Hamilton’s first contact with Latah County authorities was in 1999, when he was charged with unlawful discharge of a firearm at a building or vehicle and two misdemeanor counts of disturbing the peace."

"He was arrested in September 2005 for attempted strangulation of his on-again, off-again girlfriend. A jury convicted Hamilton of a reduced charge of misdemeanor domestic battery in June 2006.

As he was awaiting trial, he was arrested for allegedly grabbing another woman by the hands and throwing her to the floor, injuring her. The case was dismissed."
http://www.spokesmanreview.com/breaking/story.asp?ID=9985

This is an update for those following the Moscow, ID shooting. It is no way intended to be flame bait.

[BOSSHOG]

1. The second amendment

intended for people like Hamilton to be armed. Hell, the second amendment intended for all of us to be armed and be as violent as we wanna be. If gun guys don't like my sarcasm that's too fucking bad. Go out and shoot something and reinterpret the amendment again to justify your latest action.

[LSK]

10. the 2nd amendment refers to militias

http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentii

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

[BOSSHOG]

13. You are not implying that it hasn't been "interpreted" otherwise are you?

The NRA wants the second amendment ambiguous and open to interpretation. Meanwhile the gun deaths continue.

[slackmaster]

2. The misdemeanor domestic battery conviction made him ineligible for life

To acquire or posses any firearm, ammunition, or federal license related to firearms.

Section 922(g)(9) of the United States Code applies.

http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html

[unpossibles]

3. and obviously stopped him from doing so. n/t

[slackmaster]

4. It did indeed stop him from doing so legally

He broke a whole bunch of laws.

[MichaelHarris]

6. I actually

know one of the guys who sold him the AK-47, he's a prick. He's now out of business, I used to buy flyfishing stuff from him. Hope they find him.

[MichaelHarris]

5. I forgot to add

he purchased the AK-47 and M14 AFTER his crimes.

[slackmaster]

7. Yes, illegally

If there is something wrong with the system, it's lack of enforcement.

[MichaelHarris]

8. but

there is a group that doesn't want more/better enforcement. Where do we go from there?

[billbuckhead]

9. "If there is something wrong with the system"?????????????????????

No other industrialized nation has these weak laws and weaker enforcement or has the daily almost ritualized killing of women and schoolchildren. The gun lobby crowd says it's the price we pay for their wacko reading of the second amendment as if all these other nations are somehow less free than Bush's America.

Hell the NRA crowd doesn't even want hospitals to keep statistics of shooting victimes and their costs let alone fund any law enforcement of gun regs.

[MichaelHarris]

11. Well said n/t

[slackmaster]

12. Kindly offer a constructive solution if you have one

:hi:

[MichaelHarris]

14. I would

like to see a better data base used for checking applicants. I would think if the computers in police cars and dispatch can report wants and/or warrants quickly in police stops then a similar system could be used in gun sales. Even gun shows.

[slackmaster]

15. The system you describe was created under the permant provisions of the Brady Act

It's called the National Instant Check System or NICS.

Even gun shows.

It is used at gun shows. Dealers access it through ordinary phone lines.

It usually works pretty well, but two basic problems prevent it from being as comprehensive as it could be:

- States don't all report all disqualifying events, and

- The system cannot be used by anyone other than a licensed gun dealer (type 01 Federal Firearms License)

[Major Hogwash]

21. Gun shows in Idaho do NOT require NICS, slackmaster.

Just so you know.

[slackmaster]

22. A licensed gun dealer is required to do a background check on every sale

No matter where the sale occurs. That includes gun shows. Even in Idaho. I believe private-party transfers in Idaho are unregulated; that is also the case no matter where they occur. Go ahead and challenge me on this if you wish. I have a Federal Firearms License and I can cite chapter and verse of the federal laws on this in a heartbeat.

Also, Idaho does not have its own state-level background check. NICS is the only way a gun buyer's background can be checked in that state. Anyone who buys any kind of modern, working firearm from a gun dealer gets his or her background checked.

If anyone told you otherwise, that is major hogwash, Major Hogwash.

[Major Hogwash]

32. Most of the gun shows here are not organized by licensed gun dealers, slackmaster.

They are organized by gun clubs or gun organizations, so NICS is not required.

That's why the gun organizations are the ones to organized these gun shows.

Just so you'll know.

[beevul]

33. It matters not who organize the shows.

If the show is made up entirely of private sellers, than no background checks are required by law.

Anyone else engaged in non-private sales MUST by law do NICS checks, whether at a gun show (no matter who organizes it), IN MEDIA, OVER THE INTERNET, etc.

Its cut and dry, black and white, period.

[aikoaiko]

29. I think this is where most pro-gun and anti-gun people agree

If we are going to disqualify people from purchasing a fireearm from a FFL, then the database really needs to be accurate and reliable. The "gathering" of that data seems to be spotty at times letting some people fall through the checks.

[billbuckhead]

19. THE WELL PROVEN TOUGHER GUN LAWS SIMILAR NATIONS HAVE!

BRITAIN HAD 46 GUN HOMICIDES LAST YEAR, A TWENTY YEAR LOW!

[slackmaster]

23. Britain does not qualify as a "similar nation"

Nor does any other country on the planet.

[beevul]

16. Statements by Sheriff Rausch (sp?) indicate...

that there may indeed be something wrong with the system.

http://www.ktvb.com/video/video-index.html?nvid=145658

At aprox 18 minutes into the press conference Sheriff Wayne Rausch says that the perp is not a prohibited possessor.

Then at about 19:30 Asst. Police Chief says he was a prohibited person due to domestic battery conviction.


The system is failing imo, due to being incomplete and or inneffectual implementation.

It is worth noting that there was at least 1 other person besides the perp, that was aware that he was a prohibited person in possession of firearms, and that person said nothing to authorities.

[slackmaster]

17. Cops who don't understand the law is certainly a problem

:argh:

[MichaelHarris]

18. you know bee

the most disheartening statement I've heard on DU is from one guy who actually applauded the citizen who took his gun and went towards the gun fire to help. That citizen is now in serious condition and may never walk and this DUer's "applause" may prompt others to resort to the same action.

Certainly they will have some success but how many "failures" is acceptable to the carry permit crowd? This citizen for example went to a location where the police were pinned down by automatic weapons fire. He wore his t-shirt, jeans, and sneakers. Without John Wayne's white hat how would the police know who he is? His potential to because a casualty just increased two-fold. The officers had no idea who he was, could he be with the shooter?

No we shouldn't applaud heroic yet stupid behavior, we should at the minimum point out it's dangers. Unless, like the carry crowd, you have a set number of "acceptable" casualties.

Michael Harris

[beevul]

31. I understand...

I understand you find it disheartening. Someone "applauding" the citizen that attempted to give aid isn't likely to prompt anyone to do anything they wouldn't already do, though.


Failures on the part of the carry permit crowd? Was this one of them? Did the civilian have a carry permit? And officers pinned down by automatic weapons fire? Are you sure about that? In the press conference the authorities said both weapons were semi-automatic. Then again, they did say one was an AK-47 (which is an automatic weapon), so who knows without accurate information.

How would police know if a citizen was or was not the gunman in that situation? Well, for one, they knew they had a sniper, and that means he was using a rifle. For two, they knew they had an officer down with defeated body armor - again pointing toward a rifle. For three, when a cop points a gun at a citizen who is not doing any wrong, the citizen drops his gun and puts his hands up. Something like 41 states have concealed carry, and CCW holders just aren't getting mowed down every day because they're being misidentified as criminals by LEOs. You are probably more likely to be struck by lightning while in possession of a 100 million dollar winning lottery ticket.

People are free to engage in heroic behavior. I see nothing wrong with pointing out its dangers. When one decides to engage in such behavior one opens ones-self to whatever the consequences and ramifications of doing so results in. That "acceptability" rests entirely in the mind of the individual making or having made the decision to engage in "heroics" IMO, and would be a part of the decision making process, one would think.

[BlooInBloo]

20. Maybe gun nuts are right.... maybe we DO need more guns.

[MichaelHarris]

24. well

http://www.kxly.com/news/?sect_rank=1§ion_id=559&story_id=11282

And Peter's gun didn't help much:

http://spokesmanreview.com/breaking/story.asp?ID=9960

[BlooInBloo]

25. I was thinking: to protect us from christians.

[MichaelHarris]

26. Bloo

We have a "Christian" group in Moscow, ID that wants slavery back. The founder of the church wrote a book saying that the country prospered under slavery and the slaves were pretty happy. His proof? They wrote a lot of songs.

[BlooInBloo]

27. Gotta love christians.

[MichaelHarris]

28. they love to love huh? n/t

[Wiley50]

30. Mike. I know it was traumatic, But come down off your high horse soapbox

Soon

Presidential directive 51 will become active

Next:

There will be door to door searches for liberals
(no, not the usual whacko rightwing Idaho gun nut whackos)
they are the ones who will be helping to search for us liberals

Liberals. Like us

Some of us own guns

and it might just come to a situation
that some of us gun toting liberals
might be able to get you and your family out of a real jamb

mark my words

[MichaelHarris]

34. I own guns

I just don't walk around in fear every day. Believe me, no one's coming to my door unless it's the Mormons. You guys really that scared?