There was some confusion earlier about the background check. Just so everyone here is on the same page, the background check you get when you try to purchase a firearm is called a NICS check and it usually takes 20 minutes or so (but it can take much longer). The NICS check looks for criminal convictions that would prohibit your purchase under federal law. It does not look at your social media. There's no reason to think cyraxx would fail a background check because of his internet history.
Additionally when you buy a gun you present an ID and fill out paperwork, this is a federal form known as a 4473. The buyer fills out section A and B. It's a series of yes or no questions. I have attached a sample 4473 from the ATF website. The way 4473's work is the buyer fills them out themselves. In order for a seller to transfer a gun, the buyer has to answer "yes" for 21.a and "no" for the rest of the questions. This is a trust based system, it is up to the buyer to answer truthfully. If they don't it's fraud and a crime in itself, however there's not really any way for the seller to know if the buyer is filling the form out truthfully (which is why the background check occurs as well). As far as I am aware the background check only covers things of public record such as convictions. So for example the background check cannot detect if someone is in violation of
21.f "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?".
There are a few points of interest when it comes to cyraxx in particular, but I think he can still successfully fill out a 4473 without committing fraud.
21.g "Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?"
21.i "Are you subject to a court order, including a Military Protection Order issued by a military judge or magistrate, restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?"
21.j "Have you ever been convicted in any court of a misdemeanor crime of domestic violence, or are you or have you ever been a member of the military and been convicted of a crime that included, as an element, the use of force against a person as identified in the instructions?"
All of these are very close to preventing cyraxx from purchasing a gun, however he was never been convicted of a domestic violence crime, only charged. Also he does have a protection order against him from candal smith, but she doesn't qualify as an "intimate partner".
The mental adjucation thing is probably the closest he gets however, The term "adjudicated as a mental defective" includes findings of not guilty by reason of insanity, incompetence to stand trial, or not guilty by reason of mental responsibility in a court martial" I do not believe it includes people who are simply retards. It is more for people who are legally declared retarded for institutionalization purposes.
The last hurdle he has to pass is the Federal law "GUN BAN FOR INDIVIDUALS CONVICTED OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE -- 18 U.S.C. § 922(g)(9)"
(reposting from a post I made on the Patrick S Tomlinson thread, who by my interpretation is prohibited from purchasing firearms)
The following quotation is from the justice department website
Qualifying Offenses: As enacted the statute defines "misdemeanor crime of domestic violence" (MCDV) as any state or federal misdemeanor that -
"has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim."
This definition includes all misdemeanors that involve the use or attempted use of physical force (e.g., simple assault, assault and battery), if the offense is committed by one of the defined parties. This is true whether or not the statute specifically defines the offense as a domestic violence misdemeanor
From the ATF's website
"Persons who have been convicted in any court of a qualifying misdemeanor crime of domestic violence (MCDV) are generally prohibited under Federal law from receiving or possessing any firearm or ammunition in or affecting commerce."
and
Violation of this prohibition is a federal offense punishable by up to 15 years imprisonment and/or a fine of up to $250,000
Once again, this relies on a *conviction* for a DV crime. Cyraxx has only ever been charged, never convicted. So I think he's in the clear.
To me it seems cyraxx is legally permitted to purchase firearms, however gun store clerks are allowed to refuse service for any reason whatsoever (one of the few cases of this allowed in the US). It would come down to a clerk seeing this guy and not wanting to sell to him for obvious reasons. However we've already discussed his chances regarding this aspect.
The final barrier for cyraxx is money, he'd need at least $250 to spare to buy a cheap handgun and a box of ammo which he simply does not have the capability to produce.
All this being said I'm not even sure this guy has an ID. We know he doesn't have a drivers license, but there are state issued ID's that are not DLs. I would be pretty surprised if he had one of these. No ID no gun.