Question about gun background checks (not inflammatory, I promise)

[Shasta]

Oh. I'm okay with that, then. I think everybody pretty much knows felons can't have guns. Certainly a felon should know that.

Ignorance of the law isn't a defense ... but you can't expect people to research it, either. The state has some burden of ... publication, I guess you'd call it.

I totally agree with that. And it's clearly not an easy law to find!!! But yes, it's for felons only so it makes sense.

How embarrassing would it be to be like, someone who had depression in college and want to go hunting 20 years later and get arrested for trying to buy a gun! That would be awful!

[Sepia and Dust]

Here you go. This is from the government. It's a research report from the Department of Justice.

Violations of gun purchase laws by offenders are situations in which
known criminals attempt to acquire a gun While these acts are punishable by
imprisonment, supposi for increasing the lederd prison population by over
100,000 inmates a year for these offenses probably is not strong.

Attempting to acquire a gun by filling out an application is attempting to get a gun.

https://www.ncjrs.gov/pdffiles1/nij/grants/194051.pdf

This is from my cousin, who is a cop:

"Yes. It's like TRYING to buy heroin. Illegal to purchase and illegal to try to purchase. But I don't know anyone who's ever been arrested for it."

I'm not going to get into a debate with you and I'm certainly not going to try to convince you, I'm just answering Todash's question.

That's a draft of a research paper. I ran across it, as well, when trying to find citations. It states neither the law that forbids ineligible people from attempting to purchase firearms nor the law that such people have been convicted under.

I'm only trying to answer her question, too.

[Sepia and Dust]

I guess I can see that for felons. My thinking is that I could comprehend a situation where the person attempting to buy a gun doesn't realize he is not allowed. Like, oh, a mentally ill person, or an addict. Something along those lines.

Regardless, as the police chief in that video says, it's mostly a moot point as it's not really practical to prosecute those offenses generally.

P.S. Did you know you can't buy a gun if you've had a dishonorable discharge from the military? I did not know that till today.

Some felons are allowed to have guns. Some aren't. Some convicted of misdemeanors cannot have guns, some can. "An unlawful user of any controlled substance" cannot buy guns... ever? Until they get clean? Dishonorable discharges can't buy guns (but then, to get a dishonorable, you're probably also a serious felon), and neither can illegal aliens. People with restraining orders against them may or may not be able to buy or possess a gun, regardless of whether or not they've been convicted of any crime.

It's messy.

[Todash]

Well. I thought this would be an easy question. LOL.

It's okay if we don't have a definitive answer. I don't plan to buy a gun, but even if I did, I'm pretty sure I could legally do so. I was just curious.

[Shasta]

My cousin contacted someone at the ATF and this is where we were directed:

http://www.atf.gov/publications/down...f-p-5300-4.pdf

(6) for any person in connection with
the acquisition or attempted acquisition
of any firearm or ammunition from a licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector, knowingly to make any false
or fictitious oral or written statement or
to furnish or exhibit any false, fictitious,
or misrepresented identification, intended
or likely to deceive such importer,
manufacturer, dealer, or
collector with respect to any fact material
to the lawfulness of the sale or other
disposition of such firearm or ammunition
under the provisions of this chapter;

Apparently it's only illegal for the felons if they don't check the felon box on the form, or if they neglect to check a box at all. I'm trying to find the form to verify.

[Shasta]

Here's one:

http://blainenay.blogspot.com/2012/0...un-buyers.html

[Sepia and Dust]

Good finds, Shasta. Thanks!

I thought that would have answered the question, but this clause keeps coming up:

A person who, with the intent to en-
gage in conduct that constitutes a viola-
tion of section xxxxx, travels from
any State or foreign country into any other
State and acquires, or attempts to ac-
quire, a firearm in such other State in
furtherance of such purpose shall be im-
prisoned for not more than 10 years.

Soooo... sometimes?

[jimson]

The form is comprehensive that it includes a check box for pretty much everything that might prohibit you from buying a firearm, but if someone somehow winds up on the prohibited possessor list and failing the background check is the 1st time they become aware of it, I certainly don't think they should be prosecuted for that.

I suppose that's why we have an officer of the court who decides to issue an indictment or not.

[Shasta]

Good finds, Shasta. Thanks!

I thought that would have answered the question, but this clause keeps coming up:


Soooo... sometimes?

Apparently. Love how clear our laws are.

[MadamMack]

I disagree. Do you have a cite to back up this outrageous claim?