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AR15.COM
1/10/2013 8:15:01 PM EDT
I'll admit I don't know what these things really are. I have my CHL so I don't get called in. What do these check for? Felony, retardation? Who does the check, and what information do they base their decision off of?



Also, do you think we should have these background checks when purchasing firearms?






1/10/2013 8:16:20 PM EDT
[#1]
They probably just compare it to whatever pron site they are on, a chimp with downs and adhd, he was in aa but dropped out.
1/10/2013 8:18:07 PM EDT
[#2]
Look it up, simple.

Some things disqualify you from owning firearms.

Being an ex-felon.

Being adjudged mentally ill (certain diagnoses).

Certain restraining orders require giving up guns.

Federal Categories of Persons Prohibited From Receiving

A delay response from the NICS Section indicates the subject of the background check has been matched with either a state or federal potentially prohibiting record containing a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth). The federally prohibiting criteria are as follows:

A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
Persons who are fugitives of justice—for example, the subject of an active felony or misdemeanor warrant.
An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.
A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.
A person who, being an alien, is illegally or unlawfully in the United States.
A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
A person dishonorably discharged from the United States Armed Forces.
A person who has renounced his/her United States citizenship.
The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.
A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.


1/10/2013 8:18:22 PM EDT
[#3]
There is a current thread in GD with the BATFE video explaining all.  Basically, they look for prohibited persons in several databases.  Criminal., military, mental adjudicated etc prohibitions.



Yes, any felony conviction or if the crime is punishable by confinement for over a year.  Absconders/fugitives.  Protective orders and other Lautenberg issues.


 
1/10/2013 8:41:17 PM EDT
[#4]
As an employee in a local gun shop I fully agree that we should have background checks and would even be supportive of more extensive background checks taking into account both the local and federal level. As for the background checks now they do work as long as the information provided on the 4473 is correct and truthful. The biggest issue I see is that just because a person doesn't have a criminal record doesn't necessarily mean they will be responsible with a firearm. It is in the right and the responsibility of every shop or retail dealer to deny the sale of a firearm to a person who you feel cannot handle said responsibility. The negative aspect of that, is that you have to have reasonable suspicion because a lawsuit for degradation of character could close the doors of a local shop. There are times, when I get a customer and because I have no proof of wrong doing I can only hope that the background check gets delayed or denied. At no time is it allowed for a shop to tell a person that they have been delayed or denied the purchase of a firearm from the background check if that is not the truth.
1/10/2013 8:43:53 PM EDT
[#5]
I keep hearing people who are "pro-gun" saying the usual "I don't mind and agree with the background check thing"



I kinda see this as an avenue that can eventually lead to the whole "may issue, shall issue" situation. Opinions?
1/10/2013 8:48:31 PM EDT
[#6]
Shall not be infinged.

Being part of a free society comes with risk.  You'd better armed.
1/10/2013 9:21:06 PM EDT
[#7]
Quoted:
Look it up, simple.

Some things disqualify you from owning firearms.

Being an ex-felon.

Being adjudged mentally ill (certain diagnoses).

Certain restraining orders require giving up guns.

Federal Categories of Persons Prohibited From Receiving

A delay response from the NICS Section indicates the subject of the background check has been matched with either a state or federal potentially prohibiting record containing a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth). The federally prohibiting criteria are as follows:

A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
Persons who are fugitives of justice—for example, the subject of an active felony or misdemeanor warrant.
An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.
A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.
A person who, being an alien, is illegally or unlawfully in the United States.
A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
A person dishonorably discharged from the United States Armed Forces.
A person who has renounced his/her United States citizenship.
The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.
A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.




adjudicated

It has nothing to do with a medical diagnose, it's a legal definition. Per the ATF: "any person who has been found by a court, board, or other lawful authority to be a danger to self or others is prohibited from purchasing a firearm or ammunition"

http://gunowners.org/ne0703.htm
1/10/2013 9:21:53 PM EDT
[#8]
Quoted:
As an employee in a local gun shop I fully agree that we should have background checks and would even be supportive of more extensive background checks taking into account both the local and federal level. As for the background checks now they do work as long as the information provided on the 4473 is correct and truthful. The biggest issue I see is that just because a person doesn't have a criminal record doesn't necessarily mean they will be responsible with a firearm. It is in the right and the responsibility of every shop or retail dealer to deny the sale of a firearm to a person who you feel cannot handle said responsibility. The negative aspect of that, is that you have to have reasonable suspicion because a lawsuit for degradation of character could close the doors of a local shop. There are times, when I get a customer and because I have no proof of wrong doing I can only hope that the background check gets delayed or denied. At no time is it allowed for a shop to tell a person that they have been delayed or denied the purchase of a firearm from the background check if that is not the truth.


Where do you work?
1/10/2013 9:26:05 PM EDT
[#9]
MaverickR works at the troll store?
 
1/10/2013 9:36:08 PM EDT
[#10]



Quoted:



Quoted:

As an employee in a local gun shop I fully agree that we should have background checks and would even be supportive of more extensive background checks taking into account both the local and federal level. As for the background checks now they do work as long as the information provided on the 4473 is correct and truthful. The biggest issue I see is that just because a person doesn't have a criminal record doesn't necessarily mean they will be responsible with a firearm. It is in the right and the responsibility of every shop or retail dealer to deny the sale of a firearm to a person who you feel cannot handle said responsibility. The negative aspect of that, is that you have to have reasonable suspicion because a lawsuit for degradation of character could close the doors of a local shop. There are times, when I get a customer and because I have no proof of wrong doing I can only hope that the background check gets delayed or denied. At no time is it allowed for a shop to tell a person that they have been delayed or denied the purchase of a firearm from the background check if that is not the truth.




Where do you work?


Giving the benefit of the doubt, perhaps he's referring to the obvious straw purchasers or someone obviously not of sound mind etc. Right of a business to refuse service an all that.

 


1/10/2013 9:51:55 PM EDT
[#11]
MaverickR-  If you don't want to sell them a gun, then don't sell them a gun.  If your boss gives you crap, then find another job.  Seems pretty simple to me, not every moral decision in your life is going to be strictly governed by Federal law.