Cornyn Says He'll Work With Democrats on Gun Background Checks

[gejohnston]

5. the difference is

Federal law, not SC law, says 3 days. If derogatory information shows up in the system after that, the ATF is notified and retrieve the firearm. The ATF had more than ample time to do that. Also, it depends on the arrest (journalists are rarely bright or curious to research, UK sources are not much better.) If he was charged and awaiting trial, then yes. If the charges were dropped, then he was legal. The flaw was that the NICS employee called the wrong local PD to find out.

In this case, there was a DV conviction (a BCD and year in the brig), but the USAF simply didn't tell NICS. Not only that, he escaped from a mental health facility (after being involuntarily committed). El Paso PD did enter that information in NCIC. However, the FBI didn't enter it in NICS. Also, he was denied a carry permit in Texas because of these two disqualifying factors. Most states do fingerprint-based criminal background checks and do not use NICS (unless the applicant has no fingerprints).