Here's Why The Alleged Navy Yard Shooter Was Able To Buy A Gun
The answer lies in how Aaron Alexis, the 34-year-old alleged shooter, managed to exploit state and federal gun laws.
Alexis bought a shotgun, the main firearm he allegedly used in the massacre, at Sharpshooters Small Arms Range in Lorton, Va. on Saturday, according to an emailed statement from J. Michael Slocum, the attorney for the gun range.
He was able to buy a shotgun in Virginia with out-of-state identification, even though federal laws would have prevented him from buying a handgun under the same circumstances.
The law that made this possible is the 1986 Firearms Owners' Protection Act, which allowed for the interstate sales of rifles and shotguns.
Here's the relevant portion of the law's summary:
Permits the interstate sale of rifles and shotguns, provided: (1) the transferee and transferor meet in person to accomplish the transfer; and (2) such sale complies with the laws of both States. Presumes the licensee to have actual knowledge of the laws of both States.
According to Slocum, Alexis also passed a federal background check. Virginia's background check laws ask if applicants have ever been convicted of a felony offense (Alexis had not); if anyone had an outstanding restraining order against Alexis (also no); and if the applicant is "mentally incapacitated" or "been involuntarily admitted to an inpatient facility or involuntarily ordered to outpatient mental health treatment."
Federal background check laws also require that the applicant has been involuntarily committed to a mental-health facility or declared mentally ill by a judge.
This is key in the case of Alexis, who family members have said was undergoing treatment for a variety of issues, including hearing voices in his head and having sleep problems. As recently as August, police in Newport, R.I., responded to his claims of three people following him and using "some sort of microwave machine" to send vibrations through his body."
But he was never declared mentally unfit by the Navy, and he was never declared mentally ill by a judge.
According to the New York Times, Alexis also tried to buy an AR-15 assault-style rifle. In that case, Virginia state law prevented him from buying one because of his out-of-state status.
Here's the full statement from Slocum:
Mr. Alexis did not attempt to buy an AR-15 from Sharpshooters Small Arms Range. He asked about purchasing a handgun (no brand specified) but he was told that he could not purchase a handgun except for delivery to his home state through another Federally-licensed firearm dealer. He then decided to purchase the Remington 870 express shotgun.
Sharpshooters Small Arms Range was visited by Aaron Alexis on September 14, 2013. Mr. Alexis rented a rifle and purchased ammunition which he used at the practice range. He then purchased a Remington 870 Express shotgun and a small amount of ammunition (approximately 2 boxes -- 24 shells). In accordance with Federal law, Mr. Alexis' name and other applicable information, including his state of residency, was provided to the Federal NICS system and he was approved by that system. After the terrible and tragic events at the Navy Yard, the Sharpshooters Range was visited by federal law enforcement authorities, who reviewed the Range's records, including video and other materials. So far, as is known Mr. Alexis visited the Range only once, and he has had no other contact with the Range, so far as is known.