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Old October 4, 2018, 12:03 AM   #9
44 AMP
Join Date: March 11, 2006
Location: Upper US
Posts: 19,548
- is why I'm wondering about the status of those denied. Could they be prosecuted if the Feds wanted too?
Not automatically, first there would have to be an investigation.

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
Not necessarily. There are, essentially two separate "systems" involved, and you are assuming they both know what the other knows, and "talk" to each other, and that is a false assumption.

There is the 4473 form with its questions and there is the NICS system, the "instant check". The phone check only knows what the dealer tells them, wich is to identify you, and whether you are buying a long gun, or a handgun. That's it. The instant check system has no idea what you wrote as answers on the 4473. It only knows what your records are, if any, in the system. Anything in the computer system that gets you a delayed or denied, has nothing to do with what you wrote on the 4473 other than your ID and address.

so . . . could one be prosecuted for applying for gun ownership while knowing that they are prohibited?
Ok, now in this case, tis yes, because lying on the 4473 is a crime, and a prosecutable offense. (they rarely DO it, but it is a crime).

If you didn't lie on the 4473 form and the instant check system downchecks you, then its a system issue, not a crime. If you did lie on the 4473 and the instant check denies you (as it should, if its working correctly) its a crime because you lied on the 4473, not because the instant check denied you.

Clear as mud??

One friend of mine kept getting "delayed". Never denied, but delayed. Turned out, it was because he held a govt security clearance. Not for a bad reason, but because of his clearance, his file was "flagged" which meant that the regular system operator had to get a supervisor to open the file, so they could see why it was flagged. This resulted in a delayed response until they saw why his file was flagged, after which approval always happened. Barking stupid bureaucratic system, but that's what it was. He "fixed" that problem by getting the UPIN from them, and since then, no delays.

The quote from the ATF about them not going after most of the denied people, because they "aren't dangerous" is true, but a bit misleading. The reason they feel most "aren't dangerous" is because they know that most denials are the system screwing up, denying people who aren't prohibited.
All else being equal (and it almost never is) bigger bullets tend to work better.
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