Not enough time to prosecute - Biden

[armedandsafe]

Because they don't have time to enforce the ones in place now.

http://freedomoutpost.com/2013/01/j...cute-everybody-who-lies-on-background-checks/

Biden told him, “regarding the lack of prosecutions on lying on Form 4473s, we simply don’t have the time or manpower to prosecute everybody who lies on a form, that checks a wrong box, that answers a question inaccurately.”

National Instant Criminal Background Check System reported that the most common reasons for denial fell into three categories. Thirty-four thousand four hundred fifty-nine denials for felony indictment or conviction were issued, making it 47.4% of the reason for denial of applications to purchase or transfer a firearm. Another 13,862 were denied because of being a fugitive, which amounted to 19.1% of denials. Finally, 7,666 people had their application denied because of State law prohibition, which made up 10.6% of denials.

Table 5. shows a total of 62 cases in 2010 that ATF referred for prosecution. Note the reasons for the referral.
....... (Table won't copy) ........
Table. 6 shows that out of these 62, only 44 of those were prosecuted.
....... (Table won't copy) ........

It might make more sense if you click the link and read it with the tables.

Pops

 

[HorseSoldier]

How hard is it to make a case against a felon denied a purchase on a NICS check?

A) Go to work, print out a six picture photo lineup including the suspect.
B) Drive to gun store.
C) Seize fraudulent 4473 as evidence, see if person(s) working there can ID the suspect from the photo line up. If they have surveillance cameras, arrange to get relevant footage as a plus.
D) If yes, cut and paste specific information into a boilerplate warrant write up (if No positive ID occurs, document that in a report, leave the case open pending additional evidence/info, and go on to the next one)
E) Present findings for a judge or magistrate, who then grants or does not grant the arrest warrant.

I don't work at the federal level in law enforcement, so maybe I'm missing something, but this sounds to me like the ATF equivalent of street level drug busts, without all the fuss of having to actually talk face to face to the bad guy. The only real limitation I can see is actual driving time to contact witnesses and the fact that investigation will tend to be time-sensitive on getting your positive ID.

Now, boring, repetitive, and nowhere near as sexy as undercover stings like Ruby Ridge, raiding compounds on Waco or the cloak and dagger insanity of Project Gunrunner . . . but, mmmmm, given that set of benchmarks, maybe having the ATF get more involved in street level sort of law enforcement and less in secret-agent-man antics might be a good thing.

 

[md2lgyk]

Interesting question. Obviously it's illegal for a convicted felon to possess a firearm, but is it illegal for a felon to attempt to possess one?

 

[ToraBoraBlues]

If they lie or a friend lies for them on a 4473 yeah that's a crime.

 

[Queen_of_Thunder]

Dont know about other states but if I the seller sell to a felon I get to go to jail. Sometbinv the anti gun people fail to realize. They make these FTF sales seem that there is no control when in fact there are laws regarding private sales. The only reason to require the background checks is to register all guns which is the real goal.

 

[Claude Clay]

two simple rules those who make the laws should have to abide:

if you bring something up for a vote that misuses terminology
(eg: limit of 8 round clips....heck, i can live fine with out clips that feed magazines) or

it duplicates an existing law with out referencing it,

than the law and its proponent are both thrown out.

the paper its written on gets recycled and the 'lawmaker' gets to look for other employment...
hopefully in an area where research or thinking are not required,
as in " you want fries with that?"

one more-- any law that has not been successfully used in your state in court within the past year
is removed as a law...use it or lose it.

 

[Ryanxia]

If you lie on your 4473 it's 5 years in jail if prosecuted, to my knowledge.

Also regarding private sales, in my State as long as the seller doesn't know or have reason to believe the purchaser is a prohibited person they are safe. It's the buyer's responsibility to obey the law (which it should be).

Furthermore, if someone is so dangerous that they can't be trusted with a firearm they should not have been let out of jail. If their crime wasn't severe enough to warrant life in prison or execution than their Rights as Americans should be restored when they are released/deemed able to safely rejoin society.

 

[Romeo 33 Delta]

Well, from what Biden said, I guess that should end all discussion of bans and confiscations. If you Feds can't get the job done and don't enforce the current laws on the books ... YOU DON'T GET ANY NEW ONES!

 

[1911 guy]

But... But... It's FOR THE CHILDREN!

I agree with the O.P. Which demands a question. Since there is no interest in enforcing law when broken by previous felons attempting to purchase firearms, who exactly is further legislation aimed at?

 

[Arbo]

They just keep digging their hole... yet the anti's don't absorb any of this reality. In this case, actually enforcing what is already in place would be done if their goal really was getting guns out of 'the wrong hands'.

 

[joeschmoe]

You are listed as one of those "felons" if you've ever had a denial that you had to appeal to get your purchase. They don't correct the numbers based on appeals for people who were wronged by the system.
Citizens who are illegally denied their rights are lumped into the same stats as felons. So if you name is even close to someone who commited a misdemeanor then you are counted as one of those 100,000 who were "denied" but not prosecuted.

"Felon" has now been lowered to any charge where you "COULD" have received a year in jail. Pretty much all misdemeanors, not just serious or violent crimes.
Denial is the new delay. Obviously the goal is to harass all citizens, not criminals.