Again, some need to reread Lautenberg. Not every DV case automatically makes you a pp. It does if you had counsel or had a jury trial. I’m not sure that covers UCMJ panels, which aren’t quite the same as juries. That kind of distinction would need to be litigated, and I’m not sure it ever has been.
I also blame the civilian prosecutors who didn't bother to bring domestic violence charges in state courts for breaking his child's skull, etc.
The state should have lined up for a piece of him after the court martial, like the
Airplane movie passengers lining up to smack some sense into the woman having a panic attack. It's not like double jeopardy applies.
The Air Force never entered his disciplinary record into the record. That's how he fell through the cracks.
wonder how many others they failed to enter.
I don't assume it was laziness or overwork on some clerk's part.
I won't be surprised if some base lawyer/officer didn't promulgate the process to register convictions in NCIC.
Heck, I fear it'll turn out that some pinhead erected a Jamie Gorelick-style firewall that deliberately kept convictions from being registered according to law. We
are talking about the Obama administration, after all. I can just imagine some SJW complaining that NCIC registration of discharges for drug offenses, etc. were harshing employment prospects of discharged offenders, and that data entry should be stopped.
In a way. But NICS isn’t going anywhere. And the fact remains that it would have/should have worked in this case, if Airman Snuffy hadn’t been feeling lazy that day. I think we’ll get more mileage out of the argument that existing laws are enough, which they are. More than.
My concern? The dozens/scores/hundreds of other Court-martial convicts that have also slipped through various cracks, and who’ll be spending this week buying lots of guns with false 4473s because they now think they might pass NICS. And I’m sure many will, before the USAF IG figures out the fix.
Those guns will be in the wind forever. Love NICS or hate it, this is precisely the situation it exists to prevent. And it would, if everyone was doing their simple job.
You know how there's a dribble of folks who show up on NES law subforums to ask how they can work around their old DUI/DV/... FPP status?
Well, get set for a new stream of people reporting their renewal just got denied because the military has been frantically catching up on conviction data entry, and now NICS has a record of that 1960's post-boot camp bar fight broken up by the MPs, etc...
(I wonder what military offenses
don't have a max sentence above a year?)
Church shooter escaped mental health facility after attacking wife
It's almost like the shooter was trying to set a new record for the number of paragraphs of
18 U.S.C. 922 (d) simultaneously violated.