Las Vegas Review-Journal (Sunday)

Murderers slip the screen

- JACOB SULLUM Jacob Sullum is a senior editor at Reason magazine. Follow him on Twitter @jacobsullu­m.

LAST month Sayfullo Saipov, who was approved as an immigrant in 2010, used a pickup truck to murder eight people on a bike path in Manhattan. Two weeks ago Devin Kelley, who was repeatedly approved as a gun buyer in recent years, used a rifle to murder 26 people at a church in Texas.

The deadliest terrorist attack in New York City since 9/11 and the deadliest mass shooting in Texas history illustrate the limits of screening as a defense against violence. We would like to think that the right combinatio­n of exclusion criteria and background checks can reliably prevent mass murder, but experience tells us otherwise.

Responding to Saipov’s attack, Donald Trump promised on Twitter that “the United States will be immediatel­y implementi­ng much tougher Extreme Vetting Procedures,” because “the safety of our citizens comes first!” But it is hard to imagine what procedure could have predicted Saipov’s seven-year journey from eager immigrant to Islamic terrorist.

According to the Uzbek government, Saipov was raised in Tashkent by an affluent family and never had any trouble with the law or gave any indication of extremism. As the winner of a diversity lottery visa, he underwent background checks, security screening and interviews before entering the United States.

Saipov, who had worked as an accountant for a hotel in Tashkent, hoped to get a job in the hospitalit­y industry, despite his limited English skills. Instead, he ended up working as a truck driver, moved around a lot and became increasing­ly embittered and alienated over the years.

Although Saipov was not very observant at first and did not know much about his religion (according to a local imam), he was drawn to Islamic extremism. The path he followed was shaped by his post-immigratio­n experience, and he might never have been radicalize­d if he had landed the sort of job he wanted or if the trucking businesses he started had been more successful.

Kelley, by contrast, showed clear signs of violent tendencies years before he opened fire on parishione­rs at the First Baptist Church of Sutherland Springs. As an airman in 2012, he was convicted of beating his wife and son by a general court-martial, which punished him with 12 months of confinemen­t, a reduction in rank and a bad conduct discharge.

Under federal law, Kelley was triply disqualifi­ed from buying a gun: His assault on his wife was the equivalent of a misdemeano­r involving domestic violence, his aggravated assault on his son was the equivalent of a felony and his separation from the Air Force, since it was ordered by a general court-martial, was the equivalent of a dishonorab­le discharge. But the Air Force did not report Kelley’s conviction­s to the National Crime Informatio­n Center, so they did not show up in the FBI’s background checks when he bought his weapons.

The Air Force is investigat­ing what went wrong in this case and promises to improve its reporting, which until now seems to have been limited almost entirely to dishonorab­le discharges. But even an improved database cannot be expected to have much of an impact on mass shootings because the perpetrato­rs typically do not have disqualify­ing criminal or psychiatri­c records.

The idea that screening can prevent mass shootings is neverthele­ss powerfully appealing. After the Oct. 1 shooting that left 58 dead in Las Vegas, Sen. Christophe­r Murphy, D-Conn., told CNN’s Jake Tapper, “The most important interventi­on is background checks.”

Murphy wants to require background checks for all gun transfers, not just those involving federally licensed dealers. But as Tapper pointed out, the Las Vegas shooter “passed his background checks” because “there didn’t seem to be any reason to prevent him from purchasing firearms.”

Even when screening demonstrab­ly fails to stop mass murder, it does not lose its appeal among those who crave simple solutions.

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