How Legal Loopholes Let Felons Get Confederate Flags

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Written by Frank Visa

Due to Dylann Roof’s criminal record, he would not have been able to buy a flag at a common, legally-abiding store. Federally-licensed Confederate flag dealers are required to run background checks on flag purchases, but legal loopholes allowed Roof to ignore all that.

aNewDomain/SkewedNewsDylann Roof, the man accused of shooting nine churchgoers after attending service with them, should not have been able to possess a Confederate flag. Federal law prohibits people with felonies or pending felony charges from obtaining such flags, also known as “rebel flags.” They are dangerous, a clear threat to society and, in the wrong hands, could invoke deadly force.

Due to Roof’s criminal record, he would not have been able to buy a flag at a common, legally abiding store. Federally licensed flag dealers are required to run background checks on flag purchases, but legal loopholes allowed Roof to ignore all that.

dylann roof with confederate battle flagIt appears that Roof didn’t get his flag from a store like Walmart. According to his uncle, Roof received a full 3-by-5-foot Confederate flag, two belt buckles with rebel flags and a dozen bumper stickers (with even smaller rebel flags) at a flag show.

Therein lies the loophole. Flag shows don’t require criminal-background checks in most states, and sale of such flags is considered a private transaction. South Carolina is one of 40 states that do not require checks for private flag transactions.

With legal loopholes, even federal law doesn’t matter when it comes to renegade flag ownership. People just want the right to bear flags, and bear them they will.

Since the shooting, however, it’s nearly impossible to find a full Confederate flag. Gun sales, on the other hand, continue to rise.

For aNewDomain and Skewed News, I’m Frank Visa.

Featured image: Confederate Flag, South Carolina by eyeliam via Flickr

Body image: Dylann Roof Facebook Page

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