U.S. Sen. Richard Blumenthal (D-CT) sent a letter to the Department of Defense (DOD) seeking answers and reforms related to the reporting system failure that enabled the gunman in Sunday’s mass shooting in Sutherland Springs, Texas, to obtain firearms.
Under the National Instant Criminal Background Check System (NICS) Improvements Amendments Act of 2007, federal departments and agencies must report certain criminal and civil convictions to the NICS.
According to current law, the Sutherland Springs gunman should not have been able to obtain firearms subject to background checks due to convictions of domestic assault against his ex-wife and her child. The Air Force reported that it had failed to report the conviction to NICS.
“Mr. Kelley’s conviction should have been shared with NICS, restricting his ability to possess firearms,” Blumenthal said. “While ongoing investigation will show where Mr. Kelley obtained his firearms, the American people deserve to know why Mr. Kelley’s conviction was not reported to NICS and what immediate measures you will take to ensure the systematic reporting of court-martial indictments and convictions to NICS.”
Department of Defense (DoD) procedures do not explicitly identify individuals who must be placed in the NICS database. Blumenthal urged DoD to change this by revising the notification form provided to the Federal Bureau of Investigation and establishing a shared database of reported convictions.