Man who had rifle in Austin park shouldn't have passed background check to buy it, but did

AUSTIN, Texas — The owner of a local gun store told CBS Austin the man arrested in Pease Park after hiding a rifle in the bushes was able to legally purchase the firearm from him last month, despite having an active felony warrant.

Michael Cargill, owner of Central Texas Gunworks, also says 23-year-old Dalton Broesche took a concealed handgun permit class with him, but had no valid CHL permit when he encountered Austin Police.

Officers say Broesche was carrying a pistol, which led to a charge of unlawful carrying of a weapon. Callers also reported Broesche was carrying a rifle, which police say was found hidden in some brush off a trail.

Court documents say he was able to lead officers to the rifle, which they say had a loaded 30-round magazine, a bipod, scope and tac light.

According to Cargill, he sold Broesche the AR-556 in July after waiting three days for the required FBI background check to be completed.

"There is nothing strange or anything like that. Just a regular person who was purchasing a firearm," said Cargill.

Broesche was cleared to buy the weapon, despite having a felony warrant for his arrest out of Harris County from July 2018 for allegedly threatening his father with a knife. That should have prevented him from buying the rifle, or owning any firearm whatsoever, according to ATF regulations.

"That tells me there's something wrong in the county of where this happened, someone didn't process the paperwork right. They didn't contact NCIC to let them know this person is denied. And also, we weren't notified," said Cargill.

Cargill blames Harris County for not processing the felony charge correctly so that it would show up on a background check.

The Harris County District clerk told CBS Austin that Broesche hadn’t been indicted, but that there is an open warrant for his arrest. Harris County says the charges were not sent to DPS because he hadn't been arrested and processed in the automated finger print identification system.

Currently, Broesche is facing a deadly conduct charge for abandoning the rifle in the park in addition to the unlicensed carry charges.

The FBI sent a statement regarding the case.

The FBI’s National Instant Criminal Background Check System (NICS) queries three national databases for possible matches when conducting a NICS check. These databases are: (1) the National Crime Information Center (NCIC), containing records on wanted persons, protection orders, and other persons identified as relevant to the NICS searches; (2) the Interstate Identification Index (III), which contains criminal history records; and (3) the NICS Indices, which contain information on prohibited persons as defined in 18 U.S.C. 922(g) or (n). Records contributed to these national databases are modified, deleted, and added daily; if a warrant or other potentially prohibiting information had been submitted to one of the databases and returned based on a biographic search, the NICS Section would have researched all potentially prohibiting events in accordance with federal and state laws.

When conducting a NICS check, the NICS provides appropriate responses to Federal Firearms Licensees (FFL). Those responses are proceed, deny, or delay. A delay response is provided when additional research is needed to make an eligibility determination. In delay scenarios, the FFL is advised if they do not receive an updated response from the NICS, the Brady Act does not prohibit them from transferring the weapon after the third business day (the specific date is provided).

To clarify, the Brady Handgun Violence Prevention Act of 1993 (Brady Act) does not authorize the denial of firearm transfers under the “fugitive from justice” prohibition based solely upon the existence of an outstanding arrest warrant. In order to satisfy this prohibition, NICS research must establish the prospective purchaser: (1) is subject to a current or imminent criminal prosecution or testimonial obligation; (2) has fled the state; and (3) has done so to avoid prosecution for a crime or giving testimony in a criminal proceeding.