Posted by DrJohn on 6 November, 2017 at 10:25 am. 26 comments already!



Devin Patrick Kelley should not have been able to purchase a weapon. He was convicted of domestic abuse for assaulting his wife and child and served 12 months in prison, was reduced in rank and given a bad conduct discharge. That was enough to disqualify him from owning a weapon.

Federal law bans those who have been convicted of certain crimes from ever possessing firearms. Included in those crimes are all felonies and misdemeanor domestic violence offenses. (The law also prohibits those subject to domestic violence restraining orders from having a gun.) (18 U.S.C. § 922(g) (2013).)

He is also reported to have been denied a permit to carry.

It is reported that he purchased the weapon from an  Academy Sports & Outdoors store in San Antonio and that he lied on the background form:

When Kelley filled out the background check paperwork at the store, he checked the box to indicate he didn’t have disqualifying criminal history, the official said. He listed an address in Colorado Springs, Colorado when he bought the rifle, the official said.

Academy Sports and Outdoors has a Federal Firearms License (FFL) and should have run Kelley through the NICS system. It is highly unlikely that they failed to do this, which brings us to the question of who dropped the ball. Did the Air Force add Kelley to the NICS database and if not, why not?

The current laws on the books should have prevented Kelley from securing a weapon.

They did not and we need to learn why.


The military failed to send the information to the FBI. That is how he got past the NICS background check. More gun laws won’t help squat if the laws aren’t properly administered.



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