What would be the point of Universal federal Background checks of firearms?

darthtang aw

Active Member
According to a 2012 report to the Department of Justice, more than 72,000 people were turned down on a gun purchase in 2010 because they didn’t pass the background check. Yet, only 44 of those cases were prosecuted.
Why, when criminals are caught in act of lying on the form to illegally purchase a firearm are they not prosecuted?
On Thursday, January 10, 2013, in the White House meeting of President Obama’s Gun Agenda Task Force, Vice President Joe Biden answered that question, telling NRA’s Director of Federal Affairs, James Baker, that the Obama administration didn’t have time to prosecute people for lying on the federal background check form.
In an article in The Daily Caller (1/18/2013) Biden said, “And to your point, Mr. Baker, 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.”
So we will require more checks and still not prosecute people for trying to break the law?
 

bang guy

Moderator
You answered your own question:
Quote:
more than 72,000 people were turned down on a gun purchase in 2010 because they didn’t pass the background check
 

crimzy

Active Member
You would think that prosecuting these offenses could be used to generate revenue, like drunk driving...
 

bang guy

Moderator
I don't see where it says they committed a criminal act. It just says they were turned down for a firearm purchase.
 

beth

Administrator
Staff member
Is lying on an application a crime?
The stats you posted seems to justify the reason to have universal background checks. Many thousand did not get firearms. Now, if we can get mentally disturbed people on that list, the potential for tragedy may just get reduced.
 

2quills

Well-Known Member
Quote:
Originally Posted by Bang Guy http:///t/394399/what-would-be-the-point-of-universal-federal-background-checks-of-firearms#post_3510548
Can you show me where it says 72,000 people lied on the form? I must have missed it.
Don't feel bad, Bang. I didn't see it either. Just stating that lying on one is indeed a crime.
Whether or not 72,000 attempted to falsify information in order to obtain one, I have no idea. Perhaps some folks simply were not aware that they could not obtain one legally. Or perhaps 44 of them were offenders who knew better but went out of their way to try and deceive the feds.
 

bang guy

Moderator
I get it now, you were answering Beth. Yeah, intentionally falsifying that application would be a crime.
I would guess the 44 prosecuted (were any convicted??) were probably convicted felons.
 

2quills

Well-Known Member
Quote:
Originally Posted by Bang Guy http:///t/394399/what-would-be-the-point-of-universal-federal-background-checks-of-firearms#post_3510561
I would guess the 44 prosecuted (were any convicted??) were probably convicted felons.
Here's from one source...
Nevertheless, NICS performs millions of checks every year, and usually in under two minutes. In 2010, the agency reviewed more than 6 million 4473 forms. Just 72,142 were denied the right to buy a gun.
Among those denials, 47 percent were rejected because of a felony indictment or conviction. Yet, just 44 were prosecuted, and 13 convicted of lying on their 4473 form, according to a report prepared for the DOJ by the Regional Justice Information Service in 2012. That represents just .0002 percent of all denials, and an even smaller percentage of the total number of background checks.
While the background check does deny guns to criminals, very few are punished for trying. And while a majority of lawmakers appear to support the system, there are lingering questions over to what extent it prevents crime. According to a 2000 report published in The Journal of the American Medical Association, researchers found rates of homicide and suicide were not significantly different in states that had implemented the checks versus states that had not.
Read more: http://www.foxnews.com/politics/2013/01/29/gun-debate-lawmakers-eye-troubled-background-check-system/#ixzz2JQSW3n00
 

reefraff

Active Member
I have no problem with universal background checks but here in Colorado they want to charge us for doing them but at the same time give in state college tuition to illegals. It's a waste of time because I have no intention of paying to exercise my constitutional right while the government give tuition support to people with no right to be in the country and I am betting most other people feel the same way.
 

beth

Administrator
Staff member
I disagree as well with the amnesty for illegals, let alone giving them taxpayer money for anything! If have to wonder where our heads are at sometimes.
 

deejeff442

Active Member
we do background checks for volunteers at my fire station.we had 10 applicants fill out apps.8 out of the 10 came up with a record .they all put nothing down on the app.why bother filling the app out if we run it anyway?
 
When I was filling mine out, he very specifically said, make sure you get every little thing right (from numbers in your social, to birth month, to phone numbers and addresses, etc) or it will deny your application if everything doesn't match up perfectly with their records. He said if I made even the slightest mistake, to just start a new form. I think a lot of those are probably typos and what not?
That would be pretty ballsy if 70,000+ convicted felons tried to sneak a gun legally...
 

darthtang aw

Active Member
Typos possibly. But out of that many forms 47% were rejected based off felony convictions or indictments. That means roughly 34 thousand LIED about every being convicted or currently under investigation for a felony. When convicted or under indictment for a felony you are TOLD you are not allowed to have any firearms in your possession.
The Form 4473 contains the name, address, ************** information, NICS background check transaction number, serial number and model of the firearm, and a short federal affidavit stating that the purchaser is eligible to purchase firearms under federal law. Lying on this form is a felony and can be punished by up to five years in prison in addition to fines, even if the transaction is denied by the National Instant Criminal Background Check System (NICS).
 

2quills

Well-Known Member
It's hard to say without understanding each and every circumstance. From typos, lies or the plain stupidy of convicted felon even attempting it. Perhaps even a few thought that their record had been expunged when it hasnt.
The ATF is supposed to handle the investigation of these instances. 34 thousand a year still sounds like a lot of work in investigation and time to try and prosecute. If the courts are going to let the majority go unscathed then the ATF may indeed simply have bigger fish to fry with their time.
The key here to me is that they were still denied regardless of the circumstances.
 
Quote:
Originally Posted by 2Quills http:///t/394399/what-would-be-the-point-of-universal-federal-background-checks-of-firearms#post_3510638
It's hard to say without understanding each and every circumstance. From typos, lies or the plain stupidy of convicted felon even attempting it. Perhaps even a few thought that their record had been expunged when it hasnt.
The ATF is supposed to handle the investigation of these instances. 34 thousand a year still sounds like a lot of work in investigation and time to try and prosecute. If the courts are going to let the majority go unscathed then the ATF may indeed simply have bigger fish to fry with their time.
The key here to me is that they were still denied regardless of the circumstances.

+1
 

dragonzim

Active Member
Quote:
Originally Posted by TheClemsonKid http:///t/394399/what-would-be-the-point-of-universal-federal-background-checks-of-firearms#post_3510621
When I was filling mine out, he very specifically said, make sure you get every little thing right (from numbers in your social, to birth month, to phone numbers and addresses, etc) or it will deny your application if everything doesn't match up perfectly with their records. He said if I made even the slightest mistake, to just start a new form. I think a lot of those are probably typos and what not?
I got the same thing when purchasing just a shotgun at Sports Authority a few weeks ago.
 

zman1

Active Member
Quote:
Originally Posted by Darthtang AW http:///t/394399/what-would-be-the-point-of-universal-federal-background-checks-of-firearms#post_3510626
..... When convicted or under indictment for a felony you are TOLD you are not allowed to have any firearms in your possession.
.....
I would guess a convicted felon would be informed. However, indicted, that doesn't make sense. What about the presumption of innocence until proven gilty in the court of law. I know the form asks this question though.
Perhaps the chances are they are a soon to be felon, but I think that's jumping the gun - no pun intended...
 
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