Fox news reports the the beltway shooter was arrested and arraigned with a fedral firearms charge.
"Federal court documents say Muhammad sought a silencer for his rifle"

I didnt realize you werent allowed to do this.  Last time I checked silencers were ok with a tx stamp.  

Yes, unless of course you are gonna be invloved in a conspiracy to kill people with it.

I read on Foxnews that he was in possession of a gun even though he was under a restraining order, and that's the "federal firearms charge" that they're prosecuting him under.  Also interstate transport of the rifle from WA to MD/VA (though I don't see anything illegal about that).

i also think one of the fed charges is a AW ban issue since they said the bushmaster has a flash hider and the model the news says is it i dont think was made preban

Unless you don't get the tax stamp or are disqualified from owning weapons at all, as wss Mr. Mohammad.

On the first issue, technically, no  18USC922(g)8 says it is illegal for someone who has been issued a restraining order AND found to be a credible threat of domestic violence (OR the language expressly forbids using violence), or who has been found guilty of domestic violence.  What I read from the restraining order showed his ex-wife entered such a charge.  The judge had no specific finding (credible threat), but the order includes a whole list of things (like you can't call, have physical contact, use violence, etc.) So that is the sinker.  He complicated his life by failing to appear at the hearing, so the order was automatic.  (He could have plead that he wasn't a real threat, perhaps).



As to the second, it would be impossible for a lay-person to determine if the Bushmaster had a illegal flash suppressor, or if it was just a more common "Recoil check" or Muzzle Break.  I wouldn't believe anything until the ATF tested it and certified it.



By the way, folks, this is an example were besides the obvious things, the first law that was broken was felony possession of a firearm.  No additional law was required to have stopped this crime.  If the original law had been enforced, he would have been in jail.

Now why wasn't that order in the NICS system?  Why didn't the Brady check kick him out and have him arrested for attempted felony possession?

The answer is obvious.  No law could have prevented this crime.  All the laws on the book didn't work, and one or a million more wouldn't have helped.

Has there been any credible information as to how he acquired his firearm?  (Like private transfer, or FFL?)  All I've read is that a distributor ordered it in WA in June.  My guess, because of the timing, is it went from there to a retail store directly to the POS, and that the Brady check failed.  If somebody did a straw purchase, there going to be seeing the inside of a jail soon.

As people get all hot about this and demand more laws, be sure to deflect their anger by pointing out that the Brady check failed, and that was the first and best line of defence!

Ironic as hell that the feds are holding the guy on a charge of the exact same crime that Timothy Joe Emerson was charged with and the Supreme Court will not hear a case on.  

Alpha,

It sounds like Mr Mohommed bought the rifle at a retail FFL.  Sounds like NICS didn't work worth a darn in this case.