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Gun shop owner praised for refusing sale

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I looked; I checked and double-checked. I found the latest edition of David Waldman’s GunFail; Jen Hayden’s busy with other news and I can’t find any mention of an item that has made national news — in the mainstream media, including CBS News.

A gun shop owner in Logan, Ohio, may have prevented a school shooting incident at Ohio University.

Hocking County Sheriff Lanny E. North is crediting John Downs, owner of Downs Bait & Guns, with averting a possible tragedy be refusing to sell a gun to a person who had passed the federal background check.

"I believe he did prevent a mass shooting that was probably going to occur at Ohio University in Athens," said Sheriff North.

Last Monday, James Howard, 25, withdrew from his classes at OU and assaulted an assistant hockey coach. He left campus and told a friend has was going to buy a gun.

Howard then drove about 25 miles to Logan and went into Downs’ store and tried to buy a rifle.

Howard filled out the required ATF Form 4473 and Downs ran his name and identification through the FBI’s National Instant Criminal Background Check system (NICS). The background check revealed no prohibiting information and Downs received a “Proceed” response, which meant the sale could be completed immediately.

However, Downs had some misgivings about Howard: things Howard said and his actions during the sale. So he told Howard that he was not going to sell him the gun. That’s right: a gun shop owner refused a sale, something every gun shop owner has the right to do.

Howard became angry and made threats.

"He started cussing me and this and that, before he left he said you don't know who I am,” Downs told a reporter.  “I just said, you know what, bud? I have a really bad feeling about this; I just can't sell you the gun."

Howard left the store but came back about 90 minutes later. Downs locked the front door, turned off the “OPEN” sign, moved everyone in the store to a back room and asked someone to call the police.

Police, acting on a warrant issued for Howard’s arrest following the assault, tracked Howard to a nearby Walmart where they found him in the process of buying camouflage clothing and 50 rounds of shotgun ammunition. After arresting Howard, deputies obtained a warrant to search his car where they found a .22-caliber rifle and paperwork regarding medical and mental health issues.

Howard also had a 20-gauge shotgun.

It was later discovered that Howard had previously been involuntarily committed to a mental health facility. This should have prevented him from buying a firearm but the data was not in the NICS database.

Howard is currently jailed on felony charges of burglary and being a prohibited person in possession of a firearm. Under Ohio law, the maximum penalty is 13 years in prison and a fine of $25,000. Bond has set been at $125,000 and Howard will undergo a psychiatric evaluation.

"I hope he gets the help he needs,” said Downs. “Apparently he does have something wrong with him and hopefully he gets some help."  


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