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FemaleVet4Trump ago

A Bad Conduct Discharge is not a Dishonorable Discharge. He could purchase guns with a BCD.

migratorypatterns ago

http://www.businessinsider.com/texas-church-gunman-devin-patrick-gun-law-felon-domestic-violence-2017-11

elley was discharged from the military after being court-martialed after a count of assault on his spouse and on his child. Both felony charges and domestic-violence charges should legally prohibit someone from buying a gun, but it's as yet unclear whether Kelley should have been able to legally purchase a gun.

FemaleVet4Trump ago

UCMJ assault is different from civilian criminal court assault.

migratorypatterns ago

You're not understanding the law.

https://www.cbsnews.com/news/devin-patrick-kelley-texas-shooting-suspect-sutherland-springs-first-baptist-church-latest/

The Air Force tells CBS News Kelley's case was a general court martial, the most serious level of military trial proceedings. It is reserved for more serious criminal allegations, those substantially similar to felonies in civilian jurisdictions.

While personnel tried under general court martial can be subject to dishonorable discharge, Kelley received the less severe bad conduct discharge. Federal law prohibits those who have been dishonorably discharged from buying a firearm, but the law does not include a blanket prohibition on those who have received a bad conduct discharge. However, certain types of bad conduct discharges can stem from cases that would bar defendants from purchasing firearms.

Texas and federal laws prohibit those with domestic violence convictions from owning firearm. The military is supposed to report to the FBI, for the purposes of prohibiting firearm purchases, convictions on domestic violence charges, as well as convictions that carry maximum potential sentences of more than a year in confinement. It is unclear if the FBI was notified about Kelley's case, which fit both conditions.

They screwed up. Plain and simple. It should have been reported, it wasn't.

FemaleVet4Trump ago

He wasn’t “convicted”.

migratorypatterns ago

You know. At this point, you're being a shill. Look up the damn story yourself. It's clear enough.