Air Force Produces Texas Church Shooter Court-Martial Record

Devin Kelley Prohibited Person
More to the point– why was someone who can't be trusted with a gun allowed to stalk freely among us?

U.S.A. – -(Ammoland.com)- Months after a Freedom of Information Act lawsuit was filed, the United States Air Force has reconsidered and produced a report of trial for court-martial proceedings against Devin Patrick Kelley, the man identified by authorities as the killer responsible for murdering more than two dozen people in the Sutherlands Springs, TX, church shooting.

Attorney Stephen Stamboulieh filed the complaint on my behalf in response to government refusal to provide documents that are “releasable for a deceased individual” after the FBI “unexpectedly… clamped down on the court martial transcripts.”

“The question is…. why?” Stamboulieh asserted at the time of the complaint. “It is most likely undisputed that Kelley was a prohibited person that bought firearms when he shouldn't have been able to, but why keep the underlying information secret?”

I submitted the initial request and followed up with the complaint because gun owners deserve full and complete disclosure — especially with the killing being exploited to enact further infringements on the right to keep and bear arms. We have a vested interest in seeing the extent of what government already knew about Kelley yet failed to act on. In the face of resistance to our request, we were compelled to make the seriousness of that expectation known in no uncertain terms.

“Pretty amazing stuff in here,” Stamboulieh remarked on seeing the trial record, embedded below. “No question he was a prohibited person after this.”

Devin Kelley Report of Trial 5.3.2018

Stamboulieh is correct: There is no question that Kelley was legally a prohibited person, forbidden by law to have a gun.  He also appears, from prior disciplinary records included in the production, to have been a serial goofball, unable to stay out of trouble or to accept responsibility for it.

The refusal to comply with the FOIA, forcing the filing of a complaint to obtain requested documents, points to a desire to cover up a record that shows the Air Force knew his crimes rose to the level of required reporting. (An attached motion alleging “illegal pretrial confinement and punishment” is also something they probably weren’t eager to see come to light).

This was clearly a damaged, a violent, and of relevance, a guilty young man, and as we’ve seen in similar cases, the government knew about him. They nonetheless failed to report to the National Instant Criminal Background Check System, allowing the killer to purchase firearms from a Federal Firearms Licensee without the system flagging him.

What this and similar reporting failures acting as catalysts for “Fix NICS” and other legislation fail to account for is that ultimately, being a “prohibited person” cannot stop anyone so inclined from obtaining a gun. If it could, we wouldn’t see regular headlines about “gun violence” from places like Chicago.

Anyone who can’t be trusted with a gun (as determined with full due process) can’t be trusted without a custodian. No “gun control” laws or record reporting enhancements can change that reality. Allowing proven violent people access to an unlimited pool of potential victims before they have made clinically verifiable behavioral changes, penance and restitution (to prove they can be given a second chance) makes as much sense as telling a man-eating tiger its sentence is up and then opening the cage.

And it will produce the same results.

Until we as a society come to grips with that, the “fixes” will be more Band-Aids and security theater, and the catastrophic failures will provide more impetus to demand edicts where none of us will be trusted with guns.


About David Codrea:David Codrea

David Codrea is the winner of multiple journalist awards for investigating / defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament.

In addition to being a field editor/columnist at GUNS Magazine and associate editor for Oath Keepers, he blogs at “The War on Guns: Notes from the Resistance,” and posts on Twitter: @dcodrea and Facebook.

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    multicsLavaTrumpedm.Clark Kent Recent comment authors
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    multics
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    multics

    Hi
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    Trumped
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    Trumped

    Yet another fed cover-up after they screwed up.

    Charles Valenzuela
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    Charles Valenzuela

    Currently in the UK, ten percent of police are armed, and I think every single one was at the Royal Wedding. In the “gun-free utopia” that the UK likes to think of itself as, there are curiously always plenty of guns protecting the “ruling class.” Guns are apparently ‘evil,” unless they’re protecting politicians. Just sayin’, we are becoming more British every day. Our previous little “king” proudly told us that he didn’t need Congress or the Supreme Court, because he had a pen, a phone, and enough armed federal enforcement personnel to do whatever he felt like doing. The libtard… Read more »

    Tionico
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    Tionico

    the FBI “unexpectedly… clamped down on the court martial transcripts.” “The question is…. why?” The answer is simple: FBI are NOT about our security, they are on about pressing their predetermined agenda, which incudes disarming WE THE PEOPLE. WHO ere at the root of Fast and FUrious, and what was THEIR goal? Same folks, same goal. And their goalbox has never moved. Time to toss them off the pitch. Add in all FBI are doing in the Trump “investigation” (fare, charade, circus) and it is ore clear now than it ever has been that FBI need to be disbanded.

    tomcat
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    tomcat

    @tionico I agree with what you write, we have too many government cop organizations that stumble all over each other, point their finger at another one when something goes wrong and all tell their own lies. The system is only as good as the people responsible and if it is run by the government it is probably f___ed up.

    Clark Kent
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    Clark Kent

    Then why don’t YOU become a law enforcement officer and show us all how it SHOULD be done? Put up or shut up.

    Clark Kent
    Guest
    Clark Kent

    ‘The FBI need(?) to be disbanded’? And replaced with what? Drop the other shoe…

    m.
    Guest
    m.

    that which is useless does not have to be replaced – same as with atf

    m.
    Guest
    m.

    correction: constitution-abiding agents are welcome to stay on. management suits/traitors can leave, no pension & no other le work in us.

    Lava
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    Lava

    Can anybody explain something here—did the Air Force really cover up? Next it says the FBI covered up. So who did it?

    Charlie Mc
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    Charlie Mc

    Enact all the laws you want but this is a mental illness issue. People won’t abide by the law if they’re so inclined in their mind to commit the crime. Numerous laws were broken by numerous people whether their act involved use of a firearm, knife, or automobile to maim or kill individuals. Bottom line and highest end result is murder, which is also a law violation and that didn’t deter the activity.

    JS
    Guest
    JS

    Great answer but too logical for too many. We keep ignoring the elephant in the room which is if someone plans to kill, no stupid law is going to stop them since the punishment for killing is already the worst. The EU, Mexico, Canada show a determined killer can always find a firearm. Firearms are never going away either. So the real answer is we need to deal with people with mental health issues or those dealing with rage/anger issues.

    Wild Bill
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    Wild Bill

    @Charlie Mc, Enacting all the laws that they want is exactly what the Anti Constitutional Right crowd wants. They don’t care about crime, school shootings, casualties, facts and logic or even methods that work. The bottom line is that this is all about eliminating Rigts, the ability to resist, and controlling people.