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

[Todash]

So, I stumbled upon this short video: http://www.upworthy.com/this-is-what...s-meet-reality

Basically the police chief in this video is saying they aren't going to do "paper chases" but instead are going after gun crimes, and the senator is (kinda) suggesting current laws aren't being enforced. HOWEVER, MY INTENT IS NOT TO START ANY KIND OF DEBATE HERE. Instead, I have a question.

Maybe I'm not understanding the context of the video (it's just a few minutes), but it seems like they are implying that it is illegal to try to buy a gun if you're not allowed. Is that accurate? Meaning, if I for some reason would not pass a background check, and I go into a gun shop and try to buy a gun, and they come back and say "Sorry, you failed the background check," and I say "okay, thanks, bye," and leave ... have I just committed a crime?

I guess I thought the crime would be owning the gun if you weren't allowed ... or, I suppose, using false information to try to pass a background check. But they seem to be saying that even the attempt to buy a gun, even if you are not dishonest at all, is a crime IF you for some reason don't pass the background check.

Am I understanding that correctly? Or no?

[jimson]

I really don't know the answer. I'd guess that there have been mistakes that have put people in the prohibited possessor category when they shouldn't have been.

I'd say it would be pretty difficult to prosecute someone for simply failing a background check.

[Sepia and Dust]

...if I for some reason would not pass a background check, and I go into a gun shop and try to buy a gun, and they come back and say "Sorry, you failed the background check," and I say "okay, thanks, bye," and leave ... have I just committed a crime?

I don't think so, as long as you gave true and accurate information in the application. It's no different than applying for a driver's license, but being rejected for vision problems.

[Sepia and Dust]

According to this site, Graham was talking about people who misrepresent themselves on the application.


ETA: Related link from the NY Times:

WASHINGTON — Nearly 80,000 Americans were denied guns in 2010, according to Justice Department data, because they lied or provided inaccurate information about their criminal histories on background-check forms. Yet only 44 of those people were charged with a crime.

[Out of Order]

What kind of gun you looking to buy, Todash?

[jimson]

According to this site, Graham was talking about people who misrepresent themselves on the application.


ETA: Related link from the NY Times:

I wonder what the charge would be.

Could that be charged as perjury?

[Todash]

According to this site, Graham was talking about people who misrepresent themselves on the application.


ETA: Related link from the NY Times:

Okay, that makes sense. I was just thinking ... what if you don't know, you know? That's better. Yes. Okay.

[Todash]

I don't think so, as long as you gave true and accurate information in the application. It's no different than applying for a driver's license, but being rejected for vision problems.

Yeah, that's what I was thinking. I'm glad they were talking about misrepresenting yourself. The video is such a short clip it's hard to tell.

[Sepia and Dust]

HOWEVER, MY INTENT IS NOT TO START ANY KIND OF DEBATE HERE.

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

[Sepia and Dust]

I wonder what the charge would be.

Could that be charged as perjury?

Yes, it's perjury, like filing a false affidavit.