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	Comments on: More on the Texas shooting	</title>
	<atom:link href="https://thenewneo.com/2017/11/06/more-on-the-texas-shooting/feed/" rel="self" type="application/rss+xml" />
	<link>https://thenewneo.com/2017/11/06/more-on-the-texas-shooting/</link>
	<description>A blog about political change, among other things</description>
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		<title>
		By: CBI		</title>
		<link>https://thenewneo.com/2017/11/06/more-on-the-texas-shooting/#comment-2274640</link>

		<dc:creator><![CDATA[CBI]]></dc:creator>
		<pubDate>Tue, 07 Nov 2017 20:07:25 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/?p=72923#comment-2274640</guid>

					<description><![CDATA[Response to Dennis @ 1:23pm.  Please forgive the minor corrections.   My understanding is that the conviction was from a Special Court Martial, which can only sentence up to one year.  This is why a SCM is sometimes called a &quot;misdemeanor court&quot;.  A felony is normally considered to be &lt;em&gt;greater than&lt;/em&gt; one year, although in some states, misdemeanors can have sentences over a year.  

In any event, to be prohibited based upon criminal conviction &lt;em&gt;per se&lt;/em&gt; requires it be a conviction of a felony &lt;em&gt;or&lt;/em&gt; a crime for which the judge could have imposed a sentence of more than one year.   However, there is also a prohibition for conviction of a  crime of domestic violence:  that is where the murderer became prohibited per Federal law.   Since these are clearly stated on the Form 4473, the murderer had to falsify his statement on the 4473.  (BTW, that is also a felony.)

Response to T @ 10:43pm.  Yes, I read that as well, and fully agree with you.]]></description>
			<content:encoded><![CDATA[<p>Response to Dennis @ 1:23pm.  Please forgive the minor corrections.   My understanding is that the conviction was from a Special Court Martial, which can only sentence up to one year.  This is why a SCM is sometimes called a &#8220;misdemeanor court&#8221;.  A felony is normally considered to be <em>greater than</em> one year, although in some states, misdemeanors can have sentences over a year.  </p>
<p>In any event, to be prohibited based upon criminal conviction <em>per se</em> requires it be a conviction of a felony <em>or</em> a crime for which the judge could have imposed a sentence of more than one year.   However, there is also a prohibition for conviction of a  crime of domestic violence:  that is where the murderer became prohibited per Federal law.   Since these are clearly stated on the Form 4473, the murderer had to falsify his statement on the 4473.  (BTW, that is also a felony.)</p>
<p>Response to T @ 10:43pm.  Yes, I read that as well, and fully agree with you.</p>
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		<title>
		By: Ray		</title>
		<link>https://thenewneo.com/2017/11/06/more-on-the-texas-shooting/#comment-2274562</link>

		<dc:creator><![CDATA[Ray]]></dc:creator>
		<pubDate>Tue, 07 Nov 2017 17:33:41 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/?p=72923#comment-2274562</guid>

					<description><![CDATA[Wright and Rossi did a study of felons in prison and the felons had little problem obtaining guns. There are always plenty of guns for criminals.
https://www.ncjrs.gov/pdffiles1/Photocopy/97099NCJRS.pdf]]></description>
			<content:encoded><![CDATA[<p>Wright and Rossi did a study of felons in prison and the felons had little problem obtaining guns. There are always plenty of guns for criminals.<br />
<a href="https://www.ncjrs.gov/pdffiles1/Photocopy/97099NCJRS.pdf" rel="nofollow ugc">https://www.ncjrs.gov/pdffiles1/Photocopy/97099NCJRS.pdf</a></p>
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		<title>
		By: J.J.		</title>
		<link>https://thenewneo.com/2017/11/06/more-on-the-texas-shooting/#comment-2274278</link>

		<dc:creator><![CDATA[J.J.]]></dc:creator>
		<pubDate>Tue, 07 Nov 2017 04:38:14 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/?p=72923#comment-2274278</guid>

					<description><![CDATA[The citizen who confronted the murderer in Sutherland, Texas has been interviewed. 37 minutes. Eyewitness account of what he did. 
https://www.youtube.com/watch?v=B4HEchh0XD8

Amazing guy. Looks and talks a lot like one of my neighbors. Makes me proud to be an old codger with a feisty attitude.]]></description>
			<content:encoded><![CDATA[<p>The citizen who confronted the murderer in Sutherland, Texas has been interviewed. 37 minutes. Eyewitness account of what he did.<br />
<a href="https://www.youtube.com/watch?v=B4HEchh0XD8" rel="nofollow ugc">https://www.youtube.com/watch?v=B4HEchh0XD8</a></p>
<p>Amazing guy. Looks and talks a lot like one of my neighbors. Makes me proud to be an old codger with a feisty attitude.</p>
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		<title>
		By: T		</title>
		<link>https://thenewneo.com/2017/11/06/more-on-the-texas-shooting/#comment-2274248</link>

		<dc:creator><![CDATA[T]]></dc:creator>
		<pubDate>Tue, 07 Nov 2017 03:43:29 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/?p=72923#comment-2274248</guid>

					<description><![CDATA[Response to CBI @ 5:08 above:

I just recently read that the reason he was able to purchase the firearm was that the Air Force did not enter his domestic violence conviction into the NCIS database.  If true,  let us all contemplate that the leftists who want the government to have a monopoly on firearm possession and firearm use aren&#039;t even up to the simple task of entering a name into a database.  And this is who the left wants to control our healthcare!!!]]></description>
			<content:encoded><![CDATA[<p>Response to CBI @ 5:08 above:</p>
<p>I just recently read that the reason he was able to purchase the firearm was that the Air Force did not enter his domestic violence conviction into the NCIS database.  If true,  let us all contemplate that the leftists who want the government to have a monopoly on firearm possession and firearm use aren&#8217;t even up to the simple task of entering a name into a database.  And this is who the left wants to control our healthcare!!!</p>
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		<title>
		By: OldTexan		</title>
		<link>https://thenewneo.com/2017/11/06/more-on-the-texas-shooting/#comment-2274226</link>

		<dc:creator><![CDATA[OldTexan]]></dc:creator>
		<pubDate>Tue, 07 Nov 2017 02:44:04 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/?p=72923#comment-2274226</guid>

					<description><![CDATA[In order to get a CHL in Texas you are fingerprinted and then that info plus a lot of other stuff is sent into the FBI for what I think is a much more thorough check that can take up to 90 days and I am sure his Air Force stuff showed up there.  Why was that not transferred over to the NCIS data base which would have turned up later.  

This is one messed up situation that turned into a tragedy with important info not being passed on.  We don&#039;t need new rules and laws, we need the ones in place kept up to date and enforced.]]></description>
			<content:encoded><![CDATA[<p>In order to get a CHL in Texas you are fingerprinted and then that info plus a lot of other stuff is sent into the FBI for what I think is a much more thorough check that can take up to 90 days and I am sure his Air Force stuff showed up there.  Why was that not transferred over to the NCIS data base which would have turned up later.  </p>
<p>This is one messed up situation that turned into a tragedy with important info not being passed on.  We don&#8217;t need new rules and laws, we need the ones in place kept up to date and enforced.</p>
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		<title>
		By: Dennis		</title>
		<link>https://thenewneo.com/2017/11/06/more-on-the-texas-shooting/#comment-2274129</link>

		<dc:creator><![CDATA[Dennis]]></dc:creator>
		<pubDate>Mon, 06 Nov 2017 23:23:45 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/?p=72923#comment-2274129</guid>

					<description><![CDATA[CBI

The fact that he was incarcerated for a year on the assault charges is what made it a felony and that felony is why he was prohibited. The BATF form allows a misdemeanor assault charge]]></description>
			<content:encoded><![CDATA[<p>CBI</p>
<p>The fact that he was incarcerated for a year on the assault charges is what made it a felony and that felony is why he was prohibited. The BATF form allows a misdemeanor assault charge</p>
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		<title>
		By: TommyJay		</title>
		<link>https://thenewneo.com/2017/11/06/more-on-the-texas-shooting/#comment-2274097</link>

		<dc:creator><![CDATA[TommyJay]]></dc:creator>
		<pubDate>Mon, 06 Nov 2017 22:30:03 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/?p=72923#comment-2274097</guid>

					<description><![CDATA[Kelly failed to legally obtain a TX concealed carry license.  So either TX knew about the Air Force conviction, or there was some other item on his record preventing the license.

I think it is correct that he lied on his application for a firearm purchase and that he passed the NICS background check.  Why did he pass the NICS check?  Maybe: His Air Force conviction didn&#039;t pass through to the NICS system, or the NICS system screwed up, or the NICS system failed to respond in a timely manner.  I believe it is true that NICS must respond in a fixed number of days, or the purchase is automatically verified.]]></description>
			<content:encoded><![CDATA[<p>Kelly failed to legally obtain a TX concealed carry license.  So either TX knew about the Air Force conviction, or there was some other item on his record preventing the license.</p>
<p>I think it is correct that he lied on his application for a firearm purchase and that he passed the NICS background check.  Why did he pass the NICS check?  Maybe: His Air Force conviction didn&#8217;t pass through to the NICS system, or the NICS system screwed up, or the NICS system failed to respond in a timely manner.  I believe it is true that NICS must respond in a fixed number of days, or the purchase is automatically verified.</p>
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		<item>
		<title>
		By: CBI		</title>
		<link>https://thenewneo.com/2017/11/06/more-on-the-texas-shooting/#comment-2274085</link>

		<dc:creator><![CDATA[CBI]]></dc:creator>
		<pubDate>Mon, 06 Nov 2017 22:08:00 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/?p=72923#comment-2274085</guid>

					<description><![CDATA[&lt;b&gt;T&lt;/b&gt;:  my apologies.  I should have been clear that the reports were that the rifle purchase was fairly recently--after he was discharged from the Air Force.]]></description>
			<content:encoded><![CDATA[<p><b>T</b>:  my apologies.  I should have been clear that the reports were that the rifle purchase was fairly recently&#8211;after he was discharged from the Air Force.</p>
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		<item>
		<title>
		By: T		</title>
		<link>https://thenewneo.com/2017/11/06/more-on-the-texas-shooting/#comment-2274061</link>

		<dc:creator><![CDATA[T]]></dc:creator>
		<pubDate>Mon, 06 Nov 2017 21:37:22 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/?p=72923#comment-2274061</guid>

					<description><![CDATA[&lt;b&gt;&quot;Another report stated that he purchased his rifle legally and passed the mandatory FBI background check (“NICS check”). If so, that means he then lied on his background check . . . .&quot; [CBI @ 3:50]

Or one other alternative is that he purchased the firearm legally prior to becoming a prohibited person.  The question then becomes whay was he still in possession fo the firearm?&lt;/b&gt;]]></description>
			<content:encoded><![CDATA[<p><b>&#8220;Another report stated that he purchased his rifle legally and passed the mandatory FBI background check (“NICS check”). If so, that means he then lied on his background check . . . .&#8221; [CBI @ 3:50]</p>
<p>Or one other alternative is that he purchased the firearm legally prior to becoming a prohibited person.  The question then becomes whay was he still in possession fo the firearm?</b></p>
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		<title>
		By: Dave		</title>
		<link>https://thenewneo.com/2017/11/06/more-on-the-texas-shooting/#comment-2274050</link>

		<dc:creator><![CDATA[Dave]]></dc:creator>
		<pubDate>Mon, 06 Nov 2017 21:24:12 +0000</pubDate>
		<guid isPermaLink="false">http://neoneocon.com/?p=72923#comment-2274050</guid>

					<description><![CDATA[Remember how the MSM had a fit when the President said their are bad people on both sides after Charlottesville.  Trump is always right.]]></description>
			<content:encoded><![CDATA[<p>Remember how the MSM had a fit when the President said their are bad people on both sides after Charlottesville.  Trump is always right.</p>
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