Texas Church Shooter

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First, a good guy with a gun stopped the bad guy with a gun.  The good guy wasn’t a cop; it was a civilian that stopped this rampage and he put himself at considerable risk to do so.  The Second Amendment must be restored to its original words as a matter of functional law; it is not an anachronism and this incident proves why it is critical that it both be restored and respected.

Second, and at least as importantly, the attacker’s firearm(s) were illegally owned.

Why?

There are conflicting reports as to whether the attacker had a “Bad Conduct” or “Dishonorable” discharge from the military.  A dishonorable discharge is equivalent to a civilian felony conviction and bars you from firearms ownership; a “Bad Conduct” discharge doesn’t necessarily do so.

But in this particular case it did because the incident that led to the courts martial revolved around domestic violence against his wife and child and the discharge was the result of his conviction at the courts martial.

Even misdemeanor convictions for domestic violence are sufficient to bar you from firearms ownership under the Lautenberg Amendment.  Thus, barring some sort of specific proceeding that erased that record he could not legally buy or possess a firearm.  If he tried to buy guns anyway he should have failed the background check.

Oh, incidentally, it’s illegal to own or buy body armor if you are barred from owning firearms as well.

And yes, the FBI’s records do have military discharge records in them, so if you lie on a 4473 you’re going to get caught.

I’m sure we’ll eventually find out where he got the gun (there are reports he had more than one in his vehicle) but I’m pretty sure I know where he didn’t get it — in a legal transaction post his discharge, and further, when that happened I’m sure his military attorney not only explained that to him he was also likely asked about firearms he owned at the time and told to surrender them.

But, since this jackass was willing to murder he obviously also didn’t care about any laws constraining him from acquiring or possessing firearms either.

3 thoughts on “Texas Church Shooter

    1. I’m not saying anything. I didn’t write the article. If I was going to say something though it would be that you can’t make it more difficult to get illegal firearms (for anyone) since they’re illegal already and thus by definition, already outside of the law. 🙂

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  1. It’s interesting that many people who know nothing about guns immediately talk about gun control after a tragedy like this. What they often propose is to make it more arduous for law abiding citizens to own guns. How will this prevent criminals from illegally using them to commit crimes? If we want to follow this logic then we should also require all vehicle owners to install ignition prevention breathalyzers to prevent the criminals from driving while impaired.

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