NICS question

[gregintenn]

I've seen several instances of people failing a background check at gun stores. Enough so that I believe it is a common occurance. To my knowledge, these people aren't procecuted for attempting to break the law by attempting to unlawfully purchase a firearm. Why aren't these folks dealt with legally?

[Garufa]

Many times denials are erroneous due to clerical errors or lack of information in one of the great databases that tracks your life.  I don't believe dealers are notified of why a denial happens.  It is up to the customer to find out why and appeal if it is not justified.

 

If someone actually checks a yes box on the 4473 I don't know what a dealer is supposed to do.

 

Is it actually illegal to ATTEMPT to buy a gun?

Edited March 13, 2013 by Garufa

[TripleDigitRide]

I'd imagine it would be cost prohibitive to have someone / a group of people digging into why every person has been denied the purchase of a firearm, and if they were intentionally and knowingly trying to pull a fast one. I suspect a vast majority of those denied are either errors in the systems or honest mistakes. I don't imagine there's an overwhelming number of convicted felons who wake up feeling as if today is the day they'll be lucky enough to slip through the cracks of the  background check system.  

Edited March 13, 2013 by TripleDigitRide

[mikegideon]

I learned this at the Bass Pro when I bought my 6 gun around Christmas. The 4473 and the actual background check aren't really linked. They have a software based 4473, that's way more time consuming than the paper form. While I was dealing with that mess, he grabbed my license and a couple more pieces of info and called in the check. I was approved before I even finished the form. Their software makes you go back and verify every line before it prints the 4473. They do it to minimize mistakes. Sure is a pain in the butt.

 

According to Brian Haas, TN has a lot higher denial rate then any other state. I'm thinking it's because of the extra layer of TBI crap.

[kckndrgn]

As it was said, most of the "denials" get overturned in a day or so.  When I worked at a gun store a few years ago I only recall one or 2 customers who were denied and didn't get it overturned on appeal. 

 

I did refuse a few sales to people who answered "incorrectly" on the 4473.  Sorry, one chance and you're done, sale refused.    One one young man, who appeared to be a fine, gentleman with his pants around his waist, wife beater t-shirt, gold teeth, tats and branding all over his arms, answer yes to "Are you a fugitive from justice?"   He said he didn't know was a "fugitive" was so he guessed at the answer.  Sorry, no sale to you.

 

Does this prevent them from coming back to another employee of the store, or going to another gun store?  nope.  

 

And how will you decide that the "denied" response should be dealt with legally?

[Titansfan]

One of my co-workers was denied purchase of a handgun.  She had a bad check over 15 years ago.  Took about 2-3 months to clear that up and now she is a proud handgun owner.  She plans to take the HCP course soon and apply for her permit.

[bvarnell]

Is it actually illegal to ATTEMPT to buy a gun?

 

When you sign the 4473, aren't you swearing that you answered correctly??

Never heard of anyone being prosecuted tho.

[Garufa]

When you sign the 4473, aren't you swearing that you answered correctly??

Never heard of anyone being prosecuted tho.

 

If you knowingly lie and sign the form then you have committed a crime - a felony.  If you answer yes to a no question and sign is that actually breaking the law?  All the form says is you will be denied.

[JayC]

Because the VAST majority of denials are false positives.  Last I heard well over 90%.

 

I've seen several instances of people failing a background check at gun stores. Enough so that I believe it is a common occurance. To my knowledge, these people aren't procecuted for attempting to break the law by attempting to unlawfully purchase a firearm. Why aren't these folks dealt with legally?

 

[ShamGlock]

If you want to be shocked at how many criminals this cumbersome and invasive process catches every year google 2011 background check results. It's ridiculously low and the number that actually results in a charge is near single digits. I would provide a link to the PDF but I'm out of town all weekend.

[TMF]

If you want to be shocked at how many criminals this cumbersome and invasive process catches every year google 2011 background check results. It's ridiculously low and the number that actually results in a charge is near single digits. I would provide a link to the PDF but I'm out of town all weekend.

 

But just think, if we get universal background checks we will see numbers up in the double digits!  What a difference we can make!  And if that isn't satisfactory, we could just register all guns in the US so that the system works better.  Of course, we'll have to make non-compliance with the registration a felony so those pesky, otherwise law abiding citizens can be put behind bars where they belong.