- Sep 13, 2012
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And so the government had set it up for him to buy weapons? Military put in all information when servicemen are court-martial. I can understand it if it were the 1940's when everything was done by paper. When you put the info into the computer, you have to put in the reason of the discharge so that the offender doesn't collects any benefits like medical and grants. Some unhonorable discharge allows them to receive some VA benefits. It depends on the purpose. That has to be put into the system.To people like this violent thug killer, Devin Patrick Kelley, that viciously murders multiple people in cold blood for no reason whatsoever?
Well, they has to trace whomever sold him these weapons. But once they has found the person or organization that has sold him the weapons, that they will be charged with accessory to murder since it was sold to him illegally. The gun seller will be considered as a co-conspirator to find out what was the intent of the deal. Was it for profit or not.
An accessory is a person who assists in the commission of a crime, but who does not actually participate in the commission of the crime as a joint principal. The distinction between an accessory and a principal is a question of fact and degree:
- The principal is the one whose acts or omissions, accompanied by the relevant mens rea (Latin for "guilty mind"), are the most immediate cause of the actus reus (Latin for "guilty act").
- If two or more people are directly responsible for the actus reus, they can be charged as joint principals (see common purpose). The test to distinguish a joint principal from an accessory is whether the defendant independently contributed to causing the actus reusrather than merely giving generalised and/or limited help and encouragement. Accessory (legal term) - Wikipedia
The USAF admitted they didn't enter his conviction for DV in the NICS data base. You going to charge them as an accessory because of an administrative error. It wasn't the seller fault.
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He just got a bad conduct discharge, but the services don't enter in the NICS data base except in certain circumstances. They should have in this one, but didn't.
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