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Old October 3, 2018, 06:19 PM   #8
dogtown tom
Senior Member
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 2,394
Prof Young Dogtown you make good points.

This quote from the Pratt article -

"ATF agents did not consider most of the prohibited persons who had obtained guns to be dangerous."Those words, quoted last year by USA TODAY, explain why the Bureau of Alcohol, Tobacco, Firearms and Explosives and local governments are not prosecuting most gun buyers who get denied by FBI background checks.

- is why I'm wondering about the status of those denied. Could they be prosecuted if the Feds wanted too?
Again, a denied response is not a crime. Buyers can be denied for any number of reasons. It could be a name match with a felon or prohibited person, immigration status, old court case with missing disposition or even a pending DWI.

I would assume the prosecution would have to be based on the reason for the failure BUT that reason would already be known by law enforcement or they would not have failed the back ground check so . . .
You are under the faulty assumption that only criminals are denied. I get about one denied transaction a year. In the last ten years all but one was overturned after an appeal. The other chose to not appeal his denial.

could one be prosecuted for applying for gun ownership while knowing that they are prohibited?

I know a boatload of gun rights advocates are anti-background check. I'm not ready to jump on that boat yet. Feel free to try to convince me. That's how we all learn.
Background checks just means the criminals will have someone else buy their guns. It's more of a burden on the law abiding.

But the NICS is faaaaaar better than the system it replaced, which required a waiting period before you could get your gun.
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