The U.S. Department of Defense — now under scrutiny for failing to report a domestic violence conviction that could have stopped a man from purchasing several guns used in the Texas church shooting — reported just one domestic violence conviction to a national FBI database in all of 2016.
An FBI report of active records on the National NICS’ records from December 2016 shows the Department of Defense had just one domestic violence conviction case on file. The report also shows that the DOD had not submitted any records for members barred from buying guns from dealers because of a domestic violence restraining order.
The man slaughtered 26 worshipers in Sutherland Springs southeast of San Antonio Sunday in the midst of what investigators said was a “domestic dispute” with his mother-in-law.
Twenty other people were injured and about half remain hospitalized. He was shot twice by a church neighbor as he tried to leave the scene. The neighbor jumped in a car with another man and they chased him until he crashed. He was found dead in the vehicle of a self-inflicted gunshot wound.
Investigators confirmed that he passed a federal background check and was allowed to buy four firearms before his shooting spree.
His prior military conviction for assaulting his wife and stepson should have precluded him from gaining clearance for the purchases, however. He joined the U.S. Air Force in 2009, and in 2012 Kelley was court-martialed and pleaded guilty to assaulting his wife and stepson, earning a demotion and sentence of one year of confinement.
As of Oct. 31, there were 11,189 Dishonorable Discharge entries made by the Department of Defense. As of Nov. 6, there are 2,248 dishonorable discharge entries and one mental health entry from the Air Force within the NICS Indices. The Department of Defense also had one entry for a felony conviction and one for mental health.
The NCIC is one of three databases – including the Interstate Identification Index and National Criminal Instant Background Check System indices – used in background checks on gun purchasers before they can legally obtain firearms.
Even if the records were properly entered into one of the three databases used to perform background checks, however, it’s not guaranteed that the man would have been stopped before purchasing a weapon.
The GAO reviewed 59,000 cases involving domestic violence convictions and 30,000 involving protective orders and found more than 6,700 instances where purchasers still walked away with firearms.
A minor domestic incident could quickly lead to a more serious domestic abuse charge. For instance, if a harassment charge is alleged by a victim, and it’s found the victim and offender were involved in an intimate relationship, the law enforcement is required to make an immediate arrest to ensure the continued safety of the alleged victim, as well as the safety of other occupants in their home.
Domestic violence offenses usually involve spouses, partners or people who are dating or living together. The prosecutors and lawmakers will continue to pursue the case even in situations where the alleged victim wishes to drop all charges. Therefore, it is crucial to have an experienced defense on your side.
Lawyer of the Area
Once a domestic violence incident has been charged there’s no avoiding certain immediate, legal actions. If you’ve been charged with domestic violence, you need a credible and experienced defense lawyer to help you. Attorney Yong J. An is Texas’ finest when it comes to criminal defense.
If you have been accused of domestic violence, call or text 24/7 Attorney Abogado Yong J. An at 832 428 5679. Criminal Defense Attorney Abogado
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