{"id":90620,"date":"2019-09-08T10:11:04","date_gmt":"2019-09-08T14:11:04","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=90620"},"modified":"2019-09-08T13:49:02","modified_gmt":"2019-09-08T17:49:02","slug":"more-about-that-odessa-shooting","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=90620","title":{"rendered":"More About that Odessa Shooting"},"content":{"rendered":"<p>Well, it appears that LE <a href=\"https:\/\/nypost.com\/2019\/09\/04\/cops-identify-man-who-allegedly-sold-illegal-gun-to-texas-shooter-seth-ator\/\"><i>now knows where the Odessa mass shooter got his weapon, and how<\/i><\/a>.  They\u2019ve also released <a href=\"https:\/\/nypost.com\/2019\/09\/04\/texas-shooter-seth-ator-used-loophole-to-get-ar-style-gun-report\/\"><i>the reason why the Odessa mass-murderer was unable to pass a background check<\/i><\/a>.  (Please note that this second linked article erroneously claims that the Odessa mass-murderer used a &#8220;loophole&#8221; to obtain his weapon.  This is incorrect; no so-called &#8220;loophole&#8221; was used.  The sale of the firearm he used was, to put it plainly, <i>not<\/i> a routine sale between private individuals; it was a criminal act.  See below.)<\/p>\n<p>I don\u2019t think our pro-gun-control \u201cbrethren\u201d are going to be pleased.<\/p>\n<p>It turns out that the Odessa mass-murderer was unable to purchase a weapon legally because he had significant mental issues.  He thus could not pass a routine pre-purchase background check when he&#8217;d previously tried to purchase a firearm several years ago.  Up to this point, the \u201csystem\u201d worked exactly as intended.<\/p>\n<p>So, how did he get his weapon if he couldn\u2019t pass a background check to buy it legally?  Glad you asked.<\/p>\n<p>Short answer:  the sale was prohibited by Federal law, and was thus illegal.  More info follows.<\/p>\n<p>Turns out there apparently was a another guy &#8211; reportedly from Lubbock &#8211; who \u201chooked him up\u201d.  But this wasn&#8217;t exactly a routine sale of a firearm between private individuals.<\/p>\n<p>It appears that this other fellow allegedly bought parts, assembled those parts into a working firearm \u2013 and sold the firearm he&#8217;d manufactured to the Odessa mass-murderer.  This practice (assembly of a firearm from parts and subsequent sale by a non-FFL dealer) <a href=\"https:\/\/www.criminaldefenselawyer.com\/resources\/homemade-guns-are-they-legal-must-they-be-registered\"><i>is <b>not<\/b> legal under current law<\/i><\/a>.  <\/p>\n<p>My guess is that the Odessa shooter heard about the other guy, possibly from a prior customer; contacted him; traveled to Lubbock; made his illegal purchase; and then returned to Odessa.  Google maps says the trip would be just over 2 hours each way.<\/p>\n<blockquote><p><u>Sidebar<\/u>:  it&#8217;s at least theoretically possible that the individual who assembled the firearm used by the Odessa mass-murderer had a FFL.  In that case, the sale was still illegal, but for one of two different reasons.  In that scenario obviously either (1) no background check was performed prior to the sale; or (2) the seller performed a background check, then intentionally and knowingly sold the firearm he&#8217;d assembled to a prohibited person.  My money&#8217;s on no FFL, though.  And ether way, IMO the guy from Lubbock \u201cgot some &#8216;splainin to do\u201d &#8211; and may well have some time to do also.<\/i><\/p><\/blockquote>\n<p>In other words, what we almost certainly have here is simply an illegal \u201cback alley\u201d firearms sale.  The only unusual feature is that the firearm in question was assembled from parts rather than stolen.<\/p>\n<p>Now ask yourself:  Do you <i>really<\/i> think a universal background check law would have done any good in this case?  Would someone who was already breaking the law by assembling one or more firearms from parts, then unlawfully selling them without a FFL (or if they in fact possessed a FFL, who were otherwise ignoring Federal law by either (1) failing to perform background checks, or (2) ignoring the results of same and knowingly selling firearms to prohibited persons) give a flying flip about a law also requiring them to execute a background check for each of their illegal sales?<\/p>\n<p>The Odessa mass-murderer has already received suitable justice.  Hopefully his (presumably) unwitting accomplice \u2013 e.g., the guy who unlawfully sold him the weapon he used \u2013 also receives appropriate justice.<\/p>\n<p>&#8212;&#8211;<\/p>\n<p><i><u>Author&#8217;s Note<\/u>:  Hat tip to longtime frequent TAH commenter rgr769 for mentioning this fact in comments elsewhere, thus spurring me to write the above article.<\/i><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Well, it appears that LE now knows where the Odessa mass shooter got his weapon, and &hellip; <a title=\"More About that Odessa Shooting\" class=\"hm-read-more\" href=\"https:\/\/www.azuse.cloud\/?p=90620\"><span class=\"screen-reader-text\">More About that Odessa Shooting<\/span>Read more<\/a><\/p>\n","protected":false},"author":623,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[82,156],"tags":[],"class_list":["post-90620","post","type-post","status-publish","format-standard","hentry","category-gun-grabbing-fascists","category-guns"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/90620","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/623"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=90620"}],"version-history":[{"count":1,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/90620\/revisions"}],"predecessor-version":[{"id":90635,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/90620\/revisions\/90635"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=90620"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=90620"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=90620"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}