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« A new type of government | Main | New York State RPA v. New York -- briefing schedule »

More comes out on the Illinois shooter

Posted by David Hardy · 16 February 2019 01:39 PM

From Fox News:


"Martin purchased the gun that was used in the shooting in 2014, police said. Ziman said Martin purchased the weapon after being issued a firearm owner's identification card and after passing the initial background check.

Five days after taking possession of the weapon, a Smith and Wesson 40 caliber handgun, Martin tried to obtain a concealed carry permit.

But during the fingerprinting and background process it was discovered that he had a felony conviction for assault in Mississippi, police said. The date of conviction was in 1995. Police said the conviction would not necessarily have shown up on the background check for a gun owner's license.

Because of the conviction, Martin's concealed carry permit was rejected and his license to own a weapon was revoked by Illinois State Police, police said.

Ziman said as part of the investigation into the shooting, investigators would try to determine why Martin never surrendered his weapon to police as he should have."

9 Comments | Leave a comment

Steve | February 16, 2019 3:40 PM | Reply

So if you have an FOID the dealer doesn't have to run a NICS check? And isn't the felony conviction supposed to show up on a background check? So shouldn't this have shown up on the background check to get the FOID?

How many more times do we have to read stories about ineligible people being able to buy guns because the process put in place to keep them from doing so failed? And then gun owners get blamed for the government's failure.

Kestrel | February 17, 2019 9:26 AM | Reply

No, you still need a NICS check to buy a gun. You need to show a FOID card to handle a gun at a dealer, to buy ammunition, or to rent range time. The State Police run the FOID list against NICS every night. Private sellers are supposed to check FOID on state Web site or 800 number.

Mark-1 | February 17, 2019 9:45 AM | Reply

NICS,and all these other secret Gov't lists, will go down in history as the most abused, inaccurate, and corrupt admin system existing. The original intent of stopping "illegal" gun purchases morphed quickly into stopping all [even legal] gun purchases. AND I can't think of one gun rights org that didn't buy into NICS.

Fyooz | February 17, 2019 9:54 AM | Reply

Let's look at just the intended purpose of the NICS check, and even the waiting period for that matter: to allow authorities to seize weapons from people deemed ineligible.

they couldn't even do that part right.
" investigators would try to determine why Martin never surrendered his weapon to police as he should have."

Was it up to the perp to initiate the process of surrender?

Dave D. | February 17, 2019 10:13 AM | Reply

....You'll wait a long time if you expect felons to turn in anything they've obtained by fraud or deceit. It is probable that he used a false I.D. to obtain the weapon, and lied on his 4473. The part about not being a felon. That was revealed by his fingerprints . You have a felon in possession and a Federal Felony extant. State police notify ATF, ATF gets a warrant from the U.S. Atty and kicks his door in or waylays him on the way to work. That's the way it could/should have happened.
...No shooting, just routine police work.
...Someone blundered. Some many blundered.
...Hang them out to dry. Won't happen because the system is corrupt. All of it .
....So, where is our John Brown ? Where is our Harper's Ferry Arsenal battle. When do we take back our country ?

Fyooz | February 18, 2019 10:30 AM | Reply

Dave D:".You'll wait a long time if you expect felons to turn in anything"

Sorry, I failed to plant the /sarc tag on that.

break break: was it a felony assault *conviction* in MS, or just a lapsed protection order from 15 years ago?

Chuck | February 18, 2019 1:23 PM | Reply

Dave,

From what I read, the felony assault got him 5 years and he served 3.

Pretty sure it was really a felony conviction, no questions asked.

Chuck

JBS | February 20, 2019 7:41 PM | Reply

So, a citizen loses a fundamental constitutional right over an event 23 years ago in another jurisdiction. The law is CRAZY.

mikee | February 28, 2019 11:11 PM | Reply

JBS, the outlaws used to run away to Texas.
I live in Texas, and am not an outlaw immigrant.
The law makes sense to me.
I don't need Mississippi felons moving here and being able to buy guns to continue their criminality.

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