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The Texas Shooting: Shooter May Not Have Been a Legal Possessor

Gun rights attorney Guy Relford says the man met two conditions that keep you from legally having a gun.

SUTHERLAND SPRINGS, Texas--Devin Patrick Kelley, the man who shot and killed 26 people at a Texas church Sunday, and also hurt 20 others, may not have been a legal possessor of the several guns he used. Kelley had been dishonorably discharged from the Air Force, reported Fox News.

Gun rights attorney Guy Relford said on Tony Katz Today on WIBC, that you cannot own a gun under two conditions that Kelley may have met. And both are listed on the form that you fill out to get a federal background check when you buy a gun.

"The language of the federal statute says a person who has been discharged from the military under dishonorable conditions, that person is precluded from even possessing a gun," said Relford. "That would absolutely show up in a criminal history database, and a NICS (National Instant Criminal Backsground Check System) check would result in that person being denied transfer of a firearm."

Relford also pointed out that any domestic violence conviction would keep you from being a legal possessor.

"A conviction in any court, for even a misdemeanor, exactly as the form says, that precludes you from possessing any gun, anywhere, under federal law. And that would absolutely preclude the transfer of a firearm."

Relford said if the conviction or the discharge somehow didn't get put into the system, then a person like Kelley could still pass the background check.

"If someone doesn't do their job and get that conviction record to the custodians of the various federal databases that NICS checks when they do the background checks, then it's not gonna come up when somebody runs the check," said Relford.

Kelley was discharged from the Air Force and spent time in the stockade for beating his wife and young child, reported Fox News.

He also may have sent threatening text messages to his mother-in-law, who attended the First Baptist Church of Sutherland Springs.

PHOTO: CNN Newsource

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