Background Check – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Washington Will Notify Victims When Domestic Abusers Try to Buy Guns https://legacy.lawstreetmedia.com/blogs/culture-blog/domestic-abusers-guns/ https://legacy.lawstreetmedia.com/blogs/culture-blog/domestic-abusers-guns/#respond Fri, 21 Jul 2017 17:44:31 +0000 https://lawstreetmedia.com/?p=62247

It's the first state to implement this system.

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On July 23, Washington will become the first state in the country to establish a system that notifies domestic abuse victims when their abuser illegally attempts to buy a gun.

The law orders the Washington Association of Sheriffs and Police Chiefs (WASPC) to establish a grant program to “create and operate a statewide system to automatically notify a registered person when a respondent subject to a court order has been denied the purchase of a firearm based on ineligibility.”

The grant program would also allow local agencies to “conduct criminal investigations of persons who illegally attempted to purchase or transfer a firearm within their jurisdictions.”

The law’s two-pronged approach is meant to close existing legal loopholes, which critics say allow potentially dangerous individuals to attempt to buy guns, lie on background checks, and get away with it.

“This will not just keep guns out of the hands of those who are not eligible to have them, but keep the public and our law enforcement officers safe,” Washington Governor Jay Inslee said when he signed the bill in May.

Tamaso Johnson, the Public Policy Director for the Washington State Coalition Against Domestic Violence told Law Street Media that the group worked closely with legislators and other stakeholders on this bill.

“Giving survivors of domestic violence the option to be notified if an abuser attempts to illegally purchase a gun allows them to more accurately plan for their own safety and the safety of those closest to them,” Johnson said.

How the system works

When an individual who is convicted of a misdemeanor for domestic violence or subject to a restraining order for domestic abuse fails the background check required to purchase a gun, the vendor will have five days to report the incident to the WASPC.

The WASPC will then report the incident to the Washington State Patrol, which will officially record it in a database, allowing for local authorities to investigate. Meanwhile, under the bill, the WASPC will also have to send out an alert to victims and loved ones associated with the individual.

The bill states that a person needs to easily be able “to register or update his or her registration information by calling a toll-free phone number or by accessing a public website.” People who choose to be alerted can elect to receive a notification by email or by phone.

A landmark bill

This bill received a lot of support from both Democrats and Republicans as it seeks to address a wide-spread issue in Washington. According to a local investigation by KING5TV Seattle, 3,000 “lie and try” attempts occurred in 2016 and were never investigated.

“If you’re a criminal and you walk into a firearms store, you knowingly violate the law by illegally trying to purchase a firearm, you should be arrested, you should be prosecuted and in an appropriate case you should spend some time in prison,” said Democrat Drew Hansen, the primary sponsor of the bill.

The National Rifle Association isn’t necessarily opposed to the effort, although it remains wary of the potential for erroneous entries into the database, as can occur when identities are mistaken and a background check is run.

Though it is limited to the state, this bill also represents a big step toward addressing the huge problem of domestic violence in the United States. A study conducted by the Center for American Progress concluded that between 2001 and 2012, 6,410 women were “murdered in the U.S. by an intimate partner using a gun—more than the total number of U.S. troops killed in action during the entirety of the Iraq and Afghanistan wars combined.”

Paula Harwood testified in support of the bill before it was passed. She shared the fear she felt when she learned that her abusive ex-husband had attempted to buy a gun, despite the fact that she had obtained a protection order against him. She said she only found out about the incident through a reporter who had been investigating the background check law.

Harwood said that Washington’s new notification system will be “a matter of life and death” for women across the state.

Celia Heudebourg
Celia Heudebourg is an editorial intern for Law Street Media. She is from Paris, France and is entering her senior year at Macalester College in Minnesota where she studies international relations and political science. When she’s not reading or watching the news, she can be found planning a trip abroad or binge-watching a good Netflix show. Contact Celia at Staff@LawStreetMedia.com.

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New York Church Challenges Walmart Over Gun Sales https://legacy.lawstreetmedia.com/news/ny-church-challenges-walmart-gun-sales/ https://legacy.lawstreetmedia.com/news/ny-church-challenges-walmart-gun-sales/#comments Tue, 10 Feb 2015 16:46:54 +0000 http://lawstreetmedia.wpengine.com/?p=33984

Trinity Church owns stock in Walmart, and they're not happy with what Walmart is stocking.

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Image courtesy of [Amoo Rika via Flickr]

I’ve often aimlessly walked through Walmart looking for something and found myself in an aisle surrounded by weapons. There was always something pretty eerie about the retailer selling firearms. Maybe it was the fact that you could run to the store and pick up doughnuts and guns in the same place, or maybe it was the fact that young children were trying out bicycles just two aisles down from my store’s gun depot. Either way, it was always unsettling.

New York's Trinity Church

New York’s Trinity Church. Courtesy of Mith Huang via Flickr

Now, it is these very guns that has Walmart heading to court in a battle with company shareholders. New York based Episcopal Trinity Church, which has about $300,000 worth of shares in Walmart as part of their diverse portfolio, is behind the lawsuit. While Trinity’s investment isn’t huge, its moral bargaining power is strong. Trinity’s main concern lies in Walmart selling high-capacity magazines like those used in mass killings. According to Forbes:

Trinity’s proposal would require Walmart’s board to oversee the sale of “products that especially endanger public safety and well-being, risk impairing the company’s reputation, or offend the family and community values integral to the company’s brand,” as the document first filed with the Security and Exchange Commission last year reads.

This lawsuit looks like an effort from the church to protect its investment in the company in light of recent mass shootings in places like Newtown, Connecticut, where 20-year-old Adam Lanza fatally shot 20 children and 6 adult staff members at Sandy Hook Elementary School.

Shootings like these have  many Americans supporting stricter background checks for those buying firearms. Customers who come into Walmart to buy guns often just have to undergo a quick background check using the National Instant Criminal Background Check System (NICS) and can walk out the same day with a firearm.

If one of Walmart’s guns was to be used in a mass shooting, the potential public blowback could negatively affect the company financially, and as result, Trinity Church. The church’s rector, Rev. Dr. James Cooper, told Forbes:

Somebody is making decisions about what they sell. Trinity doesn’t need to. We would just like them to tell us they have a system in place at the board level to protect the reputation of the company, its values, and protect the citizens who live in that community from extreme harm.

Rev. Cooper and Trinity’s legal counsel Evan Davis were shocked to learn that the company chooses not to sell CDs and games with Parental Advisory warning labels, but will instead sell assault rifles with the capacity for 30 rounds of ammunition. Davis told Forbes:

If it were a video with somebody shooting up a school, or a rap song with somebody talking about shooting up a school, they wouldn’t sell it. So why sell the gun? It doesn’t make sense.

This lawsuit is part of a long battle between the church and Walmart execs for board room oversight. In December 2013, Trinity submitted its shareholder proposal for inclusion in the company’s 2014 proxy materials, but the SEC sided with Walmart, issuing a no-action letter permitting the retailer to exclude the church’s submission from its 2014 annual filings. That’s when Trinity took its case to Delaware’s federal courts.

In November, after months of back-and-forth, U.S. District Judge Leonard Stark decided in Trinity’s favor, ordering Walmart to let its shareholders vote on the church’s proposal. In January, Walmart appealed.

The result of this case could end up affecting how other companies and their shareholders do business, but will more board room oversight be welcomed? In most cases probably not, if Walmart’s resistance is any indication. Regardless, the church still isn’t willing to back down from this gun fight.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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We Weren’t Kidding, Resume Lies Really Are the Worst Decision Ever https://legacy.lawstreetmedia.com/news/werent-kidding-resume-lies-really-worst-decision-ever/ https://legacy.lawstreetmedia.com/news/werent-kidding-resume-lies-really-worst-decision-ever/#respond Fri, 19 Sep 2014 18:15:02 +0000 http://lawstreetmedia.wpengine.com/?p=25111

Law Street's Capitalista, Natasha Paulmeno, couldn't have been more on point when she wrote recently that Resume Lies Really Are the Worst Decision Ever. This week it came out that David Tovar, chief spokesperson for Walmart, misrepresented his education history and will be leaving the company in the coming weeks. Tovar was hired by Walmart in 2006, but the company only discovered that he did not actually graduate with an Arts degree from the University of Delaware when he was being considered for a promotion.

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Law Street’s Capitalista, Natasha Paulmeno, couldn’t have been more on point when she wrote recently that Resume Lies Really Are the Worst Decision Ever.

This week it came out that David Tovar, chief spokesperson for Walmart, misrepresented his education history and will be leaving the company in the coming weeks. Tovar was hired by Walmart in 2006, but the company only discovered that he did not actually graduate with an Arts degree from the University of Delaware when he was being considered for a promotion. His background information was flagged by a private company to which Walmart outsourced the heightened background check. According to Tovar in an interview with the New York Post, “I was an art major going into a communications field. I didn’t think a degree was necessary to pursuing my career.”

Tovar is partially right — there are plenty of jobs for which you don’t need a specific degree, and some that you don’t need a degree at all to get. Where he goes wrong, however, is lying about it in the first place. Like any relationship, professional or personal, building on a lie — even if you, Like Tovar, want to call it an “error of omission” — dooms you to failure. Would Tovar have been hired for his position at Walmart had he been honest about his background? Probably not. But that’s the employer’s decision to make, and when you lie about key factors in the hiring process you deprive the employer of that right and risk the painful and embarrassing fallout.

Moral of the story? Work hard and own your truth. And read Natasha’s tips for avoiding resume lies.

Chelsey Goff (@cddg) is Chief People Officer at Law Street. She is a Granite State native who holds a Master of Public Policy in Urban Policy from the George Washington University in DC. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at cgoff@LawStreetMedia.com.

Featured image courtesy of [depone via Flickr]

Chelsey D. Goff
Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

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The Gun-Rental Loophole: Dangerous and Deadly https://legacy.lawstreetmedia.com/news/gun-rental-loophole-dangerous-deadly/ https://legacy.lawstreetmedia.com/news/gun-rental-loophole-dangerous-deadly/#comments Tue, 12 Aug 2014 16:23:32 +0000 http://lawstreetmedia.wpengine.com/?p=22747

There's an interesting loophole in acquiring firearms; no thorough background check is completed for customers who rent guns. Over 12 years, more than 64 people have committed suicide at gun ranges in just three California counties.

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Mark Sobie, 43, was a convicted felon. In 2010, he turned himself in after robbing a bank in Michigan; he had used a fake gun for this operation. He served 30 months in a federal prison and this charge prevented him from buying or possessing a firearm. However, when it came to renting a gun, Sobie was never subjected to a background check. So, when he visited Silver Bullet Firearms in 2012, he was able to rent a gun, no problem. Sobie then took his own life at the shooting range in Michigan, with a blow to the face from the rental gun.

This was not a unique phenomenon. This was actually the second suicide at that particular range. There’s an interesting loophole in acquiring firearms; no thorough background check is completed for customers who rent guns. Over 12 years, more than 64 people have committed suicide at gun ranges in just three California counties. Reports of other similar incidents occurred in Massachusetts, Wisconsin, Virginia, Utah, Texas, and Oklahoma. If this is something plaguing our nation, why isn’t anyone talking about it? And why is there no federal legislation in place that requires background checks for gun rentals?

Initiating Action

The numbers are admittedly small. But every life is valued, and the family members of those who have taken their lives are speaking up. Sobie’s sister said his life could have been saved if the shooting range had conducted a background check.

There’s also a case where a woman killed her son, then committed suicide in front of other customers. Her name was Marie Moore, she had a history of mental illness, and according to police reports she had already attempted to commit suicide. A background check would have prevented her from access to a rental gun. But for lack of legislation, she was unstoppable and she murdered her son before taking her own life. Some gun ranges are responding to these violent outbursts by no longer renting firearms to their customers. Purchasing a firearm is a much more extensive process than simply walking into a shooting range, flashing an I.D. and signing a sheet of paper.

According to the Law Center to Prevent Gun Violence, “training and testing requirements in licensing laws are designed to ensure that gun owners understand relevant firearms laws, and know how to safely store and handle firearms.” Anyone who wants to buy a firearm must undergo a background check. Some states also require purchasers to receive a permit for owning a firearm. So why aren’t these same standards upheld for someone who wishes to rent a gun? It doesn’t matter where you are, if you have a gun in your hand, you should have to undergo some sort of screening to gain access to a lethal weapon.

Possible Solutions

This is no attack on the NRA or supporters of gun rights. It’s merely a call to action for some preventative action. The New Hampshire Firearms Safety Coalition has already started making some changes by focusing on suicide prevention rather than limiting gun rights. The first step NHFSC took was to unite people of all different interests including “gun store owners, shooting instructors, gun rights advocates and suicide prevention advocates to develop strategies to keep guns out of the hands of people who might use them to hurt themselves.”

They’ve used an informal and more personal process to take action. The NHFSC mailed suicide prevention posters to gun stores across New Hampshire. According to Politico Magazine, 48 percent of gun shops left the posters up for four to six months after they were mailed out. Some prevention groups in Las Vegas and Maryland have also adopted the practice of posting suicide prevention materials. So, could this informal process gain solid ground?

I have hope that it could. Gun control is a sore subject and many gun rights activists are hesitant to put further limitations on gun access. However, in this case, gun owners wouldn’t have to undergo further screening. People who are not knowledgable about gun control or familiar with responsible gun handling have easy access to guns through the gun rental loophole. Mandating a background check could take a step forward in suicide prevention and it wouldn’t encroach on gun owners’ rights. If more states adopted similar legislation, we could neutralize a bit of the debate surrounding guns.

Natasha Paulmeno (@natashapaulmeno)

Featured image courtesy of [Kevin Buelher via Flickr

Natasha Paulmeno
Natasha Paulmeno is an aspiring PR professional studying at the University of Maryland. She is learning to speak Spanish fluently through travel, music, and school. In her spare time she enjoys Bachata music, playing with her dog, and exploring social media trends. Contact Natasha at staff@LawStreetMedia.com.

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