Who is legally not allowed to buy a gun? - KMOV.com

Who is legally not allowed to buy a gun?

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CEDAR HILL, Mo. (KMOV.com) – Gun laws are the talk amongst officials after the mass shooting in Orlando. There are several reasons a person can be denied from buying a gun.

In light of the Orlando shooting, President Obama addressed the nation renewing his call to ban assault weapons.

The address comes after the Orlando gunman legally bought an assault rifle, despite getting checked out twice by the FBI.

One of the biggest issues that comes up often is the mental competency of the gun buyer. The rules are clear about who can buy a gun and who can’t when it comes to their mental state.

If a judge declares someone mentally defective, incompetent to handle their own affairs or if they have been committed to a mental institution, they are not allowed to buy a gun.   

Whether someone is buying a handgun, a shotgun or an AR-15, the process is the same.

Buyers fill out a form and answer a series of questions. A “yes” answer will disqualify if: They have been convicted of a felony, have a restraining order against them, or if they are an undocumented immigrant. They will also disqualify if they have been dishonorably discharged from the military or renounced their citizenship.            

All of the information is sent to the FBI for a background check and their approval or denial. But a gun dealer does have some discretion of their own.

Rick Swantner, owner of High Country Shooting Sports said, "We have turned people down due to the fact they come in and are acting odd or being intoxicated and we've refused people for that and refused people for acting strangely. But the ultimate decision is up to the FBI."

Every time a gun buyer goes into a store to buy a gun, they must go through the same process. Some states have a waiting period of 1-3 days before the buyer can take a gun home. But in Missouri, someone who clears a background check can take it home immediately.

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