BREAKING: Convicted Felon Who Shot 3 KC Cops Passed a NICS Check

On July 6, Marlin Mack shot and killed a graduate student during an attempted restaurant robbery in Kansas City, Missouri. On July 15, after a nine-day manhunt, undercover officers from the KCMO PD spotted Mack at the swanky Sky Vue Motel.

KCPD Chief Rick Smith said, “He just popped up all of the sudden and engaged the officer.”

Three police officers were shot trying to apprehend Mack at the hotel, who was later shot to death himself in another exchange of gunfire with police.

To no one’s surprise, Mack was a convicted felon with an extensive resume.

“He needs to be warehoused until he is old and decrepit,” said Tulsa, Oklahoma, Police Sgt. Dave Walker in 2011. “He is matter of fact. He just sits there and has no conscious whatsoever, so those are the ones that will eventually kill somebody.”

Walker was talking about then 17-year-old Mack after he used a MAC-10 machine pistol in a violent attack and robbery of a woman in front of her children and then tried to kill the man who called police. Tulsa police called Mack one of Tulsa’s most dangerous robbers.

And yet, according to FOX4, Mack was able to purchase the firearm he used against the police after passing a NICS background check.

The day before the KCMO police officers were shot, Mack bought the gun he used in the shooting at The Armory KC gun store in Independence. He passed the FBI background check even though he was a convicted felon. FOX4 has learned that failure of the FBI allowed Mack to trade a high value pistol for a much more powerful gun: an AK-47 handgun.

FOX4 reached out to the FBI, but they were apparently too busy to address the situation. The ATF provided the following statement:

“ATF continues to investigate the circumstances surrounding how Mr. Mack obtained a firearm.  This is an ongoing criminal investigation, so we are unable comment on the specifics of this case until the investigation is concluded.”

Once again, another failure of the FBI’s background check system. The very system that those who wish to strip us of our rights want to expand in order to eliminate “loopholes.”

We’re on the edge of our seats waiting for a full and complete explanation.


  1. avatar Gregory Peter DuPont says:

    NICS should not exist

    1. avatar Green Mtn. Boy says:

      Especially as it is UnConstitutional and was assisted by mr,Wayne Lapierre of Negotiating Rights Away since 1934.

      1. avatar neiowa says:

        Thanks for the input Soros trollboy.

        1. avatar Green Mtn. Boy says:

          I’m as anti soros as they come,however perhaps you would like to show where Lapierre of the NRA,of which I’m a member,didn’t proffer and support back round checks NICS as passed into law.

      2. avatar Jonathan-Houston says:

        You sound like you really have it all figured out. I’d like to join the five million member, multi-million dollar funded firearms rights organization you founded and built up as an NRA alternative. What’s the web address?

        1. avatar Baldwin says:

          I once joined a “five million member, multi-million dollar funded firearms rights organization ” and when they sent me a Made-in-China knife and I saw they were pro-2A in name only, I realized they were a waste of my time. They then spent a ton of money on mailers for years afterwards trying to get me to renew my membership. Nope.

        2. avatar Ing says:

          What’s a made-in-China knife got to do with anything?

        3. avatar Baldwin says:

          Remember when the Army tried to issue soldiers Made-in-China uniform items?

        4. avatar neiowa says:

          I think the useless frog “hats” the Army STILL issues are STILL Chicom. Pretty sure the PLA does not use such an utterly useless POS for headgear. The ONLY area they have not copies/stolen for us.

      3. avatar Anymouse says:

        Ah, so you’re one of the people who would have preferred the original Brady Bill that had a mandatory 10 day waiting period (without any required checks) for all gun purchases. Those evil NRA guys proposed not having the feds prevent you from getting your gun the same day.

      4. avatar Craig in IA says:

        I see the hillbilly is still full of crap and offering no better solutions, only taking pot shots from the shadows. BTW- NRA is now over the 6 million member mark.

    2. avatar paul says:

      FBI was to busy trying to set up the President of the U.S.

  2. avatar Gregory Peter DuPont says:

    Given all of the repeated and egregious failures of NICS to prevent the murderous from acquiring arms,yet they manage to ensnare countless people through wrongful denials or delays,one must conclude that their misfeasance is actually malfeasance.
    They WANT this shit to happen.
    Now look for a run in Dracos and M92 AK pistols because this shit head apparently acquired one . Better keep on buying off paper where legal

    1. avatar Mike Hawkizard says:

      What’s truly off paper these days? Arrange a meet up on armslist? Your email provider has all your emails.
      Meet up on a state specific gun trading website, web host has all those pm’s too. Facebook gun groups? Same deal.

      It’s not like the old days.

      1. avatar Jean-Claude says:

        What’s off paper? Buying a Polymer 80 frame and all the parts to complete it at at gun show using cash.

        Buying a gun at a gun show with cash from a private sale.

        Off paper purchases are easy.

        1. avatar Curtis in IL says:

          Sure. If you can find a non-FFL seller at a gun show that you somehow trust to sell you quality merchandise at a fair price.

  3. avatar former water walker says:

    Helluva job .gov…but it’s all us OFWG fault. Oh well.

  4. avatar GunGrabby Giffords (aka Mark Smelly's sock puppet) says:

    Given the repeated and egregious failures of NICS, it’s obvious we need more and better background checks for every gun transfer, including private sales, loans and rentals…

    1. avatar Old Fur Trapper says:

      I would sincerely hope you had more common sense regarding your post on background checks. But if you didn’t: Than describe to the rest of the readers and commentators here YOUR perfect idea of a background check that will not ever fail to prevent an individual from purchasing a firearm that shouldn’t, and will physically stop every individual from committing a crime later in time afterwards that legally purchased a firearm after passing your background check!

      1. avatar brian says:

        its sarcasm, see the name.

        1. avatar NYC2AZ says:

          There really should be a “sarcasm alt-text” for those that need help with Poe’s Law.

      2. avatar LarryinTX says:

        Well, here’s my suggestion. NICS is 100% effective at accomplishing everything it was intended to do. Which is precisely nothing. It is very expensive, very intrusive into America’s guaranteed freedoms, and should be completely eliminated, which would be the first legislation concerning NICS to ever be constitutional. How’d I do?

  5. avatar ORCON says:

    I love that guys like this can pass a NICS check but I get “delayed for further review” everytime I purchase a gat. Very nice, they should be proud.

    1. avatar George from Alaska says:

      I’ve had an FFL and a SOT for over 34 years. Somewhere in that paperwork I was photographed and fingerprinted. Same for working with kids at the Civil Air Patrol. Background checked for church group and Boy Scouts. Eight out of ten times I kept getting delayed pending further review. One day I asked the NICS people, who are civilian clerks, to talk to the FBI agent that is there to answer tricky questions. He was quite nice and did apologize for the constant delays… never a Denied, and said that the first run through the NICS system is just your First, Middle I and Last. If they get a hit off of that, it’s always further review even though they have your DOB, ethnicity, place of residence and access to your State’s DMV records. He said that one way to avoid the delay was to apply for a UPIN – a Unique Federal Personnel Identification number and there is a place on the form 4473 for that. I was going to do that but besides being a concealed carry state with no certification needed if you want to get a State Concealed Carry Card you can take a class and get such a card. If you fill out the optional page 3 and supply photos and fingerprints you can get a “Concealed Carry/NICS Exempt” card. Now I can go in any store and walk out with what I want and since the store does not have to call or compute with NICS it’s possible I’m a tad more anonymous, since not one would even see the part of the 4473 that I have to fill out unless the FFL is inspected and even then without them specifically looking for you, you are pretty much not in another system. Same with the UPIN which is available to everyone in every state or so I was told by the FBI guy.

      1. avatar i1uluz says:

        In the last year Virginia State Police changed their FFL 4473 submission site to have a space for a UPIN. I have one, never been asked for it. I only use one FFL so it’s not a big deal. I have my UPIN just in case my compromised PII is used to purchase a firearm. I can always fall back to did anyone ask for the UPIN?
        I am wondering if he used a false ID, family member, so the photo ID would be close enough.

      2. avatar LarryinTX says:

        Thanks, George, that was interesting. Do you know if such a card is honored by other states? That sounds like something which is AK only, in which case it is automatic in Texas, a LTC always exempts the holder from NICS, no extra steps required.

      3. avatar Geoff says:

        Since the Government knows everything about you already, put your darn SOCIAL SECURITY NUMBER on the form and when it is given to NICS it will eliminate the confusion over same names. OR, if you don’t like NICS and live in a State that the Carry Permit (as I have) substitutes for the NICS check, get the CARRY PERMIT.

        1. avatar Scoutino says:

          Put my SS on 4473? Hmmm, ….no.
          In Illinois we have to wait 72 hours for handguns and starting this year also for long guns (so much for winning our rights back), so I don’t mind when I get delayed. Which is every time.

        2. avatar Charlie Smith says:

          With a name as common as mine, I pretty much have to include my SSN on every 4473 I complete. And while I’ve never been “denied”, I am “delayed” every time. So it’s not much help.

  6. avatar uncommon_sense says:

    So, a 17 year-old sociopath violently robs a mom and tries to murder a witness who reported the event. And the apparent solution was to let him go until he victimized again. Got it.

    Or, we could have permanently isolated that sociopath from society and actually, truly prevented any future victims. And we could have done that without infringing on the rights of good people to keep and bear arms.

    1. avatar No one of consequence says:

      Or we could have killed the sociopath (to not mince words here) and simultaneously guarantee no repeats and minimize the cost to useful people.

      1. avatar Tim says:

        How about a 54th-trimester ‘abortion’? I hear it’s legal now.

        1. avatar NYC2AZ says:

          South Park reference?

      2. avatar LarryinTX says:

        If you kill him, that is permanent. Toss him in the brig, not so much. Remember, 10-15 years back, there was a prison break here in TX in which around 6 inmates escaped, 2 of them killers serving life without parole. Later in the day they were stealing guns from a sporting goods store when challenged by a young cop, who they murdered, being certain by driving a car over his body several times. Then they disappeared and were on the loose for around 6 months before recapture. Forget prisons as being “positive”, always remember to take off and nuke ’em from orbit-it’s the only way to be sure.

        1. avatar Andy Buckmichael says:

          Drove a car over him? That is hilarious.

        2. avatar Scoutino says:

          Not for the cop it wasn’t.

    2. avatar California Richard says:

      He was an aspiring and frequently misunderstood hip hop artist, who was working on his GED, and volunteering at___________ (insert charity next to picture of smiling scum bag). He was a victim too….. A victim of society. A victim of racial and economic injustice. A victim of racist police violence. And a victim of gun violence. We need to make a citizens arrest on the NRA gun dealer who put that gun in his hand! We need to take to the streets and take back our streets from the NRA, Donald Trump, and the injustice system!! We need to burn tax payer purchased police cars, riot in the down town areas of liberal cities, break in to Best Buy, and steal televisions!!!

      1. avatar i1uluz says:

        You describe current Chicago.

        1. avatar neiowa says:

          Ib b raccism.

        2. avatar Recon says:

          And Kansas City

    3. avatar Bierce Ambrose says:

      Seems like a candidate for an emergency protective order.

      Hey, if the busy-bodies can — er — work the system however fits their particular itch, I think maybe everybody can.

      “Because your honor, I feel in fear from my life.”

      “Indeed, he threatened me. By breathing. That is after he shot that other guy.”

  7. avatar jwm says:

    The fbi is too busy trying to railroad Trump to do its real job.

    Reagan had an answer for the air traffic control dudes that would work just as well on the fbi.

    1. avatar Forward Assist says:

      Privatize the FBI?

      Well now, there’s an interesting idea. What could possibly go (cough cough blackwater) wrong?

      1. avatar Just Sayin says:

        Nice catch.
        I remember that period well. One of the few not so great things the actor did in his role as president to screw with this country.
        And for the record, I am not a pro-union fanboy. But there are historically supported events of good things that unions have accomplished (vs the many more BS day-to-day shenanigans of “Big Union”). Reagan was no savant when it came to governance, nor was he a friend to the constitution.

        1. avatar David says:

          Actually, most of the stuff that unions try to take credit for was not their doing.

        2. avatar LarryinTX says:

          But their leaders ARE rich, right?

      2. avatar oldandshaky says:

        “By ANDREW GLASS 08/05/2017 12:41 AM EDT

        On this day in 1981, President Ronald Reagan fired more than 11,000 air traffic controllers who had ignored his order to return to work. The sweeping mass firing of federal employees slowed commercial air travel, but it did not cripple the system as the strikers had forecast.
        Two days earlier, nearly 13,000 controllers walked out after contract talks with the Federal Aviation Administration collapsed. As a result, some 7,000 flights across the country were canceled on that day at the peak of the summer travel season.

        Robert Poli, president of the Professional Air Traffic Controllers Organization (PATCO), sought an across-the-board annual wage increase of $10,000 for the controllers, whose pay ranged from $20,462 to $49,229 a year. He also sought a reduction of their five-day, 40-hour workweek to a four-day, 32-hour workweek. The FAA made a $40 million counteroffer, far short of the $770 million package that the union sought.
        Reagan branded the strike illegal. He threatened to fire any controller who failed to return to work within 48 hours. Federal judges levied fines of $1 million a day against the union.
        In 1955, Congress had made such strikes punishable by fines or a one-year jail term — a law the U.S. Supreme Court upheld in 1971.

        To the chagrin of the strikers, the FAA’s contingency plans worked. Some 3,000 supervisors joined 2,000 nonstriking controllers and 900 military controllers in manning the commercial airport towers. Before long, about 80 percent of flights were operating normally. Air freight remained virtually unaffected.
        In carrying out his threat, Reagan also imposed a lifetime ban on rehiring the strikers. In October 1981, the Federal Labor Relations Authority decertified PATCO.”

        oldandshaky says, “The FBI and Trump are not quite a similar case. The FBI has not gone on strike.”

        1. avatar Bob Jones says:

          Those wages look low by today’s standard, but that was a LOT of money back then.
          They were NOT being underpaid, just got very greedy when they thought they could not be replaced.

        2. avatar TrappedInCommiefornia says:

          So the air traffic controllers not only wanted more money (a nearly 25% raise), but they wanted more money for working less. Outstanding…..

        3. avatar LarryinTX says:

          ATC is not necessary for air transportation, although they get more and more useful as traffic increases. I’ve flown over most of the world, and large chunks of it without consulting with ATC, since I was military. In most cases a simple replacement for ATC is to have the pilot look out the window. In 1981 PATCO set a new standard for overplaying your hand, as if their people were actually flying the airplane instead of playing a minor supporting role. If an ATC controller wants to run an airplane into a building, do you think he can? If a pilot wants to fly an airplane into a building, do you think ATC can stop it? OH, and in 1981 I was flying an airplane which topped out at 150 tons, and was being paid around $30K/year, they were being paid just fine.

  8. avatar John Q Public says:

    It’s all a Joke! Just look to the Last Vegas incident and the “Dog ate my Homework” look from all those that supposedly investigated…Then you may realize, The Jokes on us all….

  9. avatar Nanashi says:

    The NRA will call for expansion of the gun bans and gun registry they created within the week.

  10. avatar Mark Webb says:

    I feel so safe…..

  11. avatar Andy Buckmichael says:

    Like I always say, when you are dealing with scum cops, aim for the head.

  12. avatar Marcus says:

    This demonstrates the great importance of NICS to be a continual reminder of the failures of government and its ability to protect and encouraging the ownership of your own self defense.

  13. avatar dwb says:

    Be careful what you wish for: “Improving” the NICS system might not mean what you think it means.

    My personal view is that if someone is “safe” enough to be allowed to roam the streets with dangerous objects, they they can also buy a gun. If they are dangerous, they should be behind bars or executed.

  14. avatar DaveL says:

    In order for him to pass an NICS check, it requires more than just one failure by the FBI. For him to actually submit to a background check and lie on the 4473 means he’s either just galactically stupid or else he had reason to believe that either a) he would pass, or b) that his attempt and his lie would go unpunished even if he didn’t. I think this last scenario is the most plausible, given prosecution statistics for NICS denials. Just imagine how many prohibited persons would pass if more of them tried.

  15. avatar little horn says:

    you know what they are going to say: “he passed due to the NRA stipulated 3-day no response = pass”

  16. avatar Gun Owning American says:

    Abolish NICS.

  17. avatar el Possum Guapo says:

    A are guessing it was the gun shop at fault. he used a MAC and his name wis Mack

  18. avatar Logan says:

    “an AK-47 handgun” …

  19. avatar Curtis in IL says:

    This is a news story about a news story.
    Are we assuming the FOX4 story is 100% accurate, as written?

    * Did he use an alias/fake ID?
    * Did he falsify his SSN?
    * Did the FFL require a photo ID?

    Seriously, we don’t know for sure who dropped the ball on this. Yet.

  20. avatar charles fisher says:

    Well geniuses, he did not use a fake id/alias. He did not falsify his SSN. and the didn’t have a FFL license. How did he pass the NICS check, he was not a registered felon.

    If the story is correct, he was 17 when he attempted to kill someone. Watch this will come back that since he was 17 at time of sentencing his prior was not sent to the NICS system. Although he was convicted, I will bet, because he was 17 at that time, his conviction wasn’t recorded, even though he might have been tried as an adult, at 17 his records more than likely were flagged by the system and would not be placed as an adult.

    Error of the system? maybe, but what system? The NICS can only return a pass/fail on the data that is in the system, not what maybe is another system, or in a Doctors file, or in the case of the church shooting in Texas, the Air Force failed to cross file the information with NICS. Is that a failure of NICS? Good question, but it is also good to remember the old data saying, put garbage in a system, you get garbage out of a system.

  21. avatar Anymouse says:

    This is obviously fake news. As we’ve been told many times by the anti’s, NFA is proof that gun control works. The licensed ownership of machine guns prevents them from being used it crimes. Therefore, he couldn’t have committed violent crimes with a MAC-10 machine pistol since it would have been impossible for him to obtain, so there wouldn’t have been anything to prevent him from passing a background check. QED, NICS is perfect and needs to be expanded to all gun and ammunition sales and transfers.

  22. avatar Daniel S. says:

    Well gee whiz, it seems clear by this article, that we need tougher, stronger more intense background checks? Oh wait, what could possibly make them more useful, unless the information already expected to be in it, was actually there? What we need, are people being held accountable to do the job they’re already paid to do. And if there are not enough people to do what is already required, then they better fix the holes first; or eliminate the program entirely.

  23. avatar Craig in IA says:

    It should also be noted that the info in NICS is only as good as the human putting it in, or failing to bother to do so.

  24. avatar Loydd Fones says:

    the mac 10 is not a machine gun , its semi automatic

  25. avatar Raoul Duke says:

    But I thought the Fix Nics Act passed in the Omnibus was going to fix this?? /Sarc

  26. Note: the investigation will go on indefinitely; thus no findings.

  27. avatar Sabre22 says:

    I wonder if was one of the 50,000 People who were dropped off the NICS system by Obama and Holder.. That should be checked out by somebody NOT from the sawmp

  28. avatar Mikial says:

    Another gun control success story.

  29. avatar Alan says:

    While waiting for a “full and complete explaination”, I would hope that you all were not holding your breath. As for comment from the FBI if any, and that coming from the “ATF”, assuming the above story is factually correct, as they say in Spain, Miadre del toro, which translated into English reads as follows: BULLSHIT. Oh by the way, how come that whenever “government” screws up, innocents die?

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