http://www.justice.gov/oig/reports/ATF/e0406/intro.htm

There were ~60,000 cases of denied 4473s in 2002 and 2003.

Defendants Prosecuted
2002   91
200363

Guilty Verdicts
2002    90
2003     63

Discuss......

What exactly is a denied 4473?

You mean that the buyer didn't pass a NICS check?



If so, I can tell you that a big percentage of denied NICS happen because the person shares a name with another person that is actually ineligible. If your name is John Smith, you better provide your SSN or your NICS is going to be delayed or denied.  



 

Perjury in general is rarely prosecuted. The standard of proof is a high one for the government to meet, and federal prosecutors are already understaffed. If you see a perjury charge usually it's in conjunction with a more serious crime.

I strongly doubt that 99.9% of the 60,000 cases involved only a name dupe resulting from John Smith being tied into John The Axe Murderer Smith.  But I'm not an FFL so I don't know what questions are asked when a NICS is submitted and how the matching works.

So why put more gun laws on the books that are not going to be enforced because of understaffed prosecutors?

It wouldn't be so laws could be selectively enforced, would it?

Define perjury on a 4473.

Personal experience says that about 70-80% of all denied NICS are actually identity errors.


There's another 10% that will say something like "That should have been expunged from my record."  


Then there's the 10% that are just seeing if they can get away with something and know they are ineligible to own firearms.





 

You have to have really pissed someone off to get prosecuted for trying to buy a firearm while ineligible. Like arresting Al Capone on tax evasion, everyone knew he was guilty of all sorts of stuff, but that was the only crime they could prove. The Assistant US Attorneys also only prosecute when they're 99.9% sure they'll get a conviction or plea, anything less hurts their chances of getting promoted to US Attorney or a judgeship.

Kharn

being denied is not a crime.
the vast majority of denials is due to errors or mis prints. checking the wrong box. same name as someone else ect.
very few criminals try to buy a gun from a gun store.

Is it perjury if you truthfully mark a disqualifying box and are denied?  Of course not.

Sure.  But what if the 4473 was denied because you truthfully checked the box that you had a felony.  That is a truthful reason for a denial. Perhaps those aren't counted as denials and my statement would lack validity.

In that case it would not be a denial (NICS) because the FFL would never make the call into NICS, he would simply tell you "Sorry, pal....there is the door."

Gotcha. Well then I stand corrected.

Most of the law is complete nonsense.   I don't understand why anyone would insist on stricter enforcement of it.

http://dailycaller.com/2013/01/18/biden-to-nra-we-dont-have-the-time-to-prosecute-people-who-lie-on-background-checks/

This.

So what happens if someone has a state level felony ( like a dwi) and they have had their rights recovered ( here in NY it's as simple as having the convicting court issue a "relief from civil disabilities" form.).

They are no longer a prohibited person. If they fill out a 4473, they would have to check the box that says they have been convicted...they will most likely get a denial, but can send in a copy of their "relief form" and then get a proceed letter. Odds are they would need to get a VAF file and use a UPIN for it to not happen again, but after they get that they will get proceeds in the future.
I personally know someone that this is the case with.

Also here in NY there are a bunch of misdemeanors that are considered "serious offences"; unlawfull dealing with a minor ( giving an underage person alcohol), posession of a controlled substance (having a prescription without the bottle, or one of your wife's codine pills) that permenently disqualify an individual from owning a gun. These prohibitations were not recorded in the NICS system up until a few years ago. i know people who may have gotten busted for drugs or providing booze to a minor back 20 years ago, they have owned and bough guns without issue since then...then all of a sudden  they get a DENIED when they go to buy one, and then find out that they are a prohibited person and have been for the past 20 years.

Unless the person has been issued a relief, there are lots of people who have felonies that can still own and buy guns.

It came out in the CT hearings that Adam Lanza committed a felony by lying on his 4473 and was denied and nobody ever checked up on him. Nobody in a position to do anything thought a crazy guy committing a felony to get a gun was worth even looking into. If the laws already in place were actually enforced Sandy Hook would have never happened.

 

Shared on FB.

Thanks OP

Are you kidding me?  That's messed up.  

Its Bush's fault.  

Got any statst from the last 4 yrs?  

Yep, they could prosecute denials that are due to felony records and that would put a damper on thigns real quick

Please bear with me and excuse my naivety in advance.....but when an NICS is called in, what is actually asked of the FFL? Being a NJ resident i've been through this many times, and it's always a pretty quick phone call. It's obvious that they're not going over the whole form. My FID card and adress are the 2 things that i'm sure get asked....but aside from those obvious issues what else is asked/discussed?  


RG

Thank you sir!

RG

TTo be fair, the whole idea behind the 4473 is wrong, nics as well

It does seem like a waste of time and resources for sure...........


RG