NPR interviewed the chief prosecutor involved in the Texas gunman’s case where he abused his wife and child. According to Retired Col. Don Christensen, Kelley’s military prison sentence of over a year was what barred him from owning firearms:
NPR – Devin Patrick Kelley had an assault-style rifle and two handguns — all purchased by him, according to federal officials — when he drove to a small Texas church on Sunday, opened fire and killed at least 26 people.
He also had a known record of domestic violence. In 2012, while he was in the U.S. Air Force, he was court-martialed for assaulting his then-wife and their child. Under federal law, his conviction disqualified him from legally possessing a firearm.
Retired Col. Don Christensen, who was the chief prosecutor for the Air Force at the time of Kelley’s general court-martial, tells NPR the case was serious.
“He fractured his baby stepson’s skull,” Christensen says.
Kelley accepted a plea deal, pleading guilty to a charge of assault on his wife and to a charge of “intentionally inflicting grievous bodily harm” on the child, Christensen says. His crimes were punishable by up to 5 years confinement (the military equivalent of a prison term). As part of the deal, Kelley received an 18-month cap on his confinement, and was ultimately sentenced to 12 months.
Kelley’s punitive discharge — a bad conduct discharge — did not prohibit him from owning a gun, as a dishonorable discharge would have.
But under federal law, anyone convicted of “a crime punishable by imprisonment for a term exceeding one year” is prohibited from possessing a firearm. The same is true for anyone convicted of “a misdemeanor crime of domestic violence.”
Kelley’s conviction qualified under both categories, Christensen says.
It’s not clear if his conviction was listed in the National Instant Criminal Background Check System, or if he would have been flagged as ineligible to purchase a firearm.
This is good information and it begs the question whether Kelley’s conviction and sentencing by a military court actually got entered into the National Instant Criminal Background Check System. If it did, I can’t imagine that Academy Sports would have been able to sell him any guns last year at all.
It sounds like it didn’t, but that’s a serious question that need to be answered. Also did he know it wasn’t in the federal database and then lie on his application?