It’s now being revealed that the Odessa shooter was unable to purchase a rifle via a failed background check and somehow purchased one privately:
#BREAKING Law enforcement sources tell me the shooter in the #OdessaShooting purchased that AR-style rifle in a PRIVATE SALE, evading a federal background check. more on @ABCWorldNews @ABC
— Matt Gutman (@mattgutmanABC) September 3, 2019
Here’s more from the AP on what law enforcement is saying:
A law enforcement official says a gunman who killed seven people in West Texas had obtained his AR-style rifle through a private sale, evading a federal background check.
The official spoke to The Associated Press on condition of anonymity on Tuesday because the person was not authorized to discuss an ongoing investigation.
Officials said Seth Aaron Ator had previously tried to obtain a gun but failed a federal background check.
Law enforcement is trying to find the seller:
.@jeffpeguescbs reports federal law enforcement sources confirm the shooter in Odessa purchased the AR-style rifle in a *private sale. Sources confirm that the search to find the seller is active and ongoing.
— Natalie Brand (@NatalieABrand) September 3, 2019
Of course some media organizations are rushing to call this a ‘loophole’:
JUST IN: Sources say the gunman acquired his weapon through a private sale loophole. https://t.co/iVqqtcweS7
— ABC 7 Chicago (@ABC7Chicago) September 3, 2019
But as Dana Loesch points out, a criminal act is NOT a loophole:
The question now is whether the seller was eligible (legal) to sell. Also why did the murderer fail his previous background check if his criminal record doesn’t list any prohibitions? Legal private sales are sales that also pass BGCs. https://t.co/7v7bh9oJGi
— Dana Loesch (@DLoesch) September 3, 2019
Additionally, legal private sales are not shown to contribute to homicide w illegally possessed firearms, however studies indicated black market (illegal private) sales responsible https://t.co/3zdtxDx8h9
Remember: A criminal act is NOT a loophole.— Dana Loesch (@DLoesch) September 3, 2019
As Dana suggests, there are still unknowns about this ‘private sale’, primarily whether it was legal or illegal. But that’s not going to stop the media and Democrats from using this to try and stop all private sales of firearms.
UPDATE:
According to a new report, the Odessa shooter failed a background check in 2014 because of a “mental health issue”:
WASHINGTON (AP) — Law enforcement official tells AP that Texas shooter failed a 2014 background check due to "mental health issue."
— Meg Kinnard (@MegKinnardAP) September 3, 2019