USA Today has reported what gun rights advocates have known for over two decades!
THE CHANCES OF A FELON BEING PROSECUTED FOR ILLEGALLY TRYING TO BUY A GUN IS NEARLY ZERO - AND GUN CONTROL GROUPS DO NOT CARE.
"It is a federal crime for people trying to obtain guns to make a false statement or furnish false or misrepresented identification that is intended to deceive people on the legality of the sale of the firearm. Violators face up to 10 years in prison and fines of up to $250,000."
ONLY ONE IN 10 PEOPLE WHO LIE ON THE FORM ARE EVEN INVESTIGATED:
"Of a total of 8.6 million transactions processed by federal officials that year, 112,710 were rejected but only about 12,700 were referred for further investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.:
ONLY ONE IN TEN THOUSAND REJECTIONS RESULT IN PROSECUTION:
"In the 29 states where federal officials handle the background checks, there were only 12 prosecutions in fiscal 2017 of people who were found to have provided false information, such as failing to disclose a felony conviction, according to the Government Accountability Office."
IN TEN STATES FELONS FACE ZERO RISK OF PROSECUTION FOR LYING ON THE FORM:
"In a review of 13 states that handle the background check forms themselves, 10 do not investigate or prosecute firearms denials, with some saying they have other law enforcement priorities."
YET GUN CONTROL GROUPS WANT TO EXPAND THE SYSTEM.......... AND SAY NOTHING ABOUT THE LACK OF PROSECUTIONS.........
https://www.usatoday.com/story/news/politics/2018/09/06/gun-laws-report-finds-few-rejected-during-background-checks-charged/1213216002/
Be careful what you wish for. In 2014 Pennsylvania state police, who handle the federal NICS and redundant State PICS background checks for firearm purchases, began charging and prosecuting almost everyone denied on a background check. What we all already knew, and this has clearly proven, is that real criminals and convicted felons do not buy their guns from gun shops.
ReplyDeleteThe people being prosecuted were unaware that they were prohibited persons. Many were prohibited because at some point in their past, usually as a minor, they had a mental evaluation at a hospital and the paperwork was filed as a 302, which PA state police consider an involuntary commitment. Others had a minor drug or drunk driving conviction, usually decades in the past. Some were convicted of other minor misdemeanors. Several people have fought these malicious prosecutions and won. But for most, the expense of defending such a case is overwhelming and they have no option but to take a plea and then they are irrevocably prohibited.
Here is more information on it going back to 2014
http://forum.pafoa.org/showthread.php?t=263156
Thanks for the post. A couple of points:
ReplyDelete1) A a former California resident (for 61 years) I am well aware that state laws frequently create much broader categories of prohibited persons than are provided for in federal law. Currently, in order to be prohibited for mental health reasons under federal law, you must be involuntarily committed by a court. However, California law creates a prohibition for a mere temporary mental health hold (5150). It appears, although you obviously know more than I, that this is what is going on in Pennsylvania too.
Federal prohibitions are much more reasonable - and are, for the most part, Constitutional under Heller (the prohibition of non-violent felons is in question). They are right there on the 4473 form. The fact that state prosecutors are bringing unjustified prosecutions does not excuse the fact that federal prosecutors are failing to do their job. Felons who lie of the form should be prosecuted. I am really tired of hearing demands for new restrictions on law abiding gun owners when the feds are not enforcing current laws.
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