Instant Background Checks for Gun Purchases – What is Checked and Who Populates the Databases?
Share this article
ADVERTISEMENT
(comments below)
Comments
Comments
37 responses to “Instant Background Checks for Gun Purchases – What is Checked and Who Populates the Databases?”
-
I didn’t quite get this until I reviewed the state by state document. Are you saying that if I have a felony in Montana, that it more than likely will not show up when I go to buy a gun in Virginia?
-
It will show up. That is the misunderstanding that has led some pundits astray.
The state active entry database linked in the article shows the data that states enter directly into NICS. Montana does not have to enter felonies into NICS directly if it enters them into one of the other two databases that are imported into NICS.
As I noted in the article, some states directly enter felony data into both III and NICS when III alone would get it done for both databases. Don’t ask me why some do double entries. I simply don’t know. I do know that such a practice can cause a lot of data integrity issues.
-
It will show up. That is the misunderstanding that has led some pundits astray.
The state active entry database linked in the article shows the data that states enter directly into NICS. Montana does not have to enter felonies into NICS directly if it enters them into one of the other two databases that are imported into NICS.
As I noted in the article, some states directly enter felony data into both III and NICS when III alone would get it done for both databases. Don’t ask me why some do double entries. I simply don’t know. I do know that such a practice can cause a lot of data integrity issues.
-
That now makes sense.
-
-
-
Renounced Citizenship…?? Are you saying that only US citizens have the God-given right to bear arms….?
-
Well, there are those Republic of Texas guys running around in the Davis Mountains. Now there’s some interesting people.
A few years back, I was curious about Americans who renounced citizenship. There’s not much of a reason to do so since dual citizenship is a readily accepted situation here, but about 500 people per year do so. The only interesting bit was about 5% of those who do are top 1%. Moneymakers going home?
-
I think some countries may make you renounce in order to attain citizenship there. Not positive though.
-
-
People who have renounced US citizenship are subject to the following federal law:
18 USC 922(g)(7), [i]t shall be unlawful for any person … who, having been a citizen of the United States, has renounced his citizenship … to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.”
As far as non-citizens go, green-card holders and immigrant aliens who do not yet have their green card are generally allowed to purchase and own firearms in the United States. They have to be able to pass the background checks, of course.
Non-immigrant aliens may not purchase firearms in the U.S. and are forbidden from possessing firearms unless they have a lawfully issued (within the U.S.) hunting license. There are exceptions for certain persons associated with foreign embassies, and foreign law enforcement officers in some circumstances.
-
-
Nice overview. Our justice system is problematic both with overcharging that gets plea bargained down and social justice decisions on charging in the first place. There should be some consolation that Virginia’s mental health disqualification process got better after Cho,
-
Let’s start with the No-Fly… although my ex-brother-in-law spent 2002 and 2003 going through special check-in when he flew because he was on the no-fly list and it took 2 years to get it corrected.
-
I don’t understand the point of your “dedication”. Are you saying that these CAs are (1) more or less likely to charge someone for a felony and (2) more or less likely to negotiate a felony down to a misdemeanor? It would be nice if you have data to back up either conclusion.
-
I hope they use the article to better understand background checks and their roles in keeping bad people from buying guns.
-
-
“Is Chester, VA a safe place to live? Absolutely! Virginia, on average, has less crime than the national average. The Chester crime rate is about on par with the rest of the state with 33% less violent crime than the U.S. average making Chester a very safe place to live.Nov 15, 2021”
Oops..
-
“Is Chester, VA a safe place to live? Absolutely! Virginia, on average, has less crime than the national average. The Chester crime rate is about on par with the rest of the state with 33% less violent crime than the U.S. average making Chester a very safe place to live.Nov 15, 2021”
Oops..
-
Hey Captain,
Even as Norfolk sinks… https://uni-tuebingen.de/en/university/news-and-publications/press-releases/press-releases/article/a-3400-year-old-city-emerges-from-the-tigris-river/
The Lord giveth…
-
Two points of clarification:
1. Your statement about supporting the requiring of background checks for every transfer of a weapon concludes with this phrase, “not just those purchased through a Federal Firearms Licensee (FFL) as now.” The 2020 General Assembly expanded the requirement to include sales from unlicensed dealers, as well as individuals. See https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1111&201+ful+CHAP1111
2. You identify having to be at least indicted for a felony before being prohibited from purchasing a firearm as being a problem with the Virginia system. I am not sure how much lower you would want to go–perhaps anyone arrested for a felony? The gun advocates would go nuts over that provision. If you see indictment as a problem, then the problem is bigger than you think. The law dealing with whom people cannot sell firearms to refers to Sec. 18.2-308.2, among others. That section deals with persons convicted of a felony.
-
1. Good. I support that.
2. Too many felonies are pled to misdemeanors in certain jurisdictions in Virginia. -
Except that there are no “unlicensed dealers” now if private sales is what you are referring too then please describe correctly.
-
-
Perhaps the biggest issue in Virginia about our entries into the background check data is that:
– a person must at least be indicted in the criminal justice system or adjudicated in the mental health system to be turned away from a gun purchase.
Why is this is an “issue”?
Last time I checked, “guilty until proven innocent” was not one of the bedrock principles upon which this state and this nation were founded.
-
You are correct. The reference refers to jurisdictions whose Commonwealth Attorneys’ default position is to allow many felonies to be charged as or pled down to misdemeanors.
-
In which jurisdictions is it the “default” position to allow felonies to be pled down?
-
The list is at the bottom of the article. Those Commonwealth Attorneys are proud of their methods. And I believe you know it.
Descano has published the following a position paper titled “Progressive Justice” https://static1.squarespace.com/static/5b08d8fd85ede1b5cc3e7d9c/t/5d8b5b91def8834a61161e22/1569414039552/ProgressiveJustice-SteveDescano.pdf His proclaimed method for seeking progressive justice is clearly spelled out.
“The Commonwealth’s Attorney has a great amount of discretion—referred to as “prosecutorial discretion”—when it comes to creating the policies and procedures dictating how the office’s prosecutors will address every important issue, including:
• Whether to accept or reject a case;
• The charges to bring in a case the office has accepted;
• Whether to prosecute or seek alternatives to prosecution;
• Bail policies;
• Plea offers; and
• The types of sentences to seek.”Any questions?
-
That is a description of the CA’s duties that are known by anyone familiar with the criminal justice system. The only area in which I see that he has a default position of pleading a felony down to a misdemeanor is those of larceny in which the value would be between $1,000 and $1,500.
How about the others on the list? Any evidence or examples of a default position of pleading felonies down to misdemeanors?
-
Keep ignoring the elephant, Dick. The entire progressive prosecutor movement is about reducing charges and sentences. Ask George Soros who funds these people. And remember the first rule of holes.
-
-
-
-
I interpreted it as an overall indictment of the background check system. I see now that it was part of a more specific indictment of “progressive” prosecutors. My apologies.
-
According to a report from the Virginia Crime Commission, in 2018, there were 700,000 criminal convictions that had not applied to people’s criminal histories, and by extension, any background checks for firearm purchases. 134,000 of those criminal convictions were for felonies.
-
Sounds like a failure of government.
-
By the way, did they say how many of the 134,000 were first-time felony convictions?
-
It does not, a large number were for felony probation violations (47%) which means the person already had an underlying felony conviction. The report also does not indicate how many of the misdemeanor convictions may have been for domestic assault (a barrier crime for purchasing a firearm).
-
The FBI reports
Since launching in 1998, more than 300 million checks have been done, leading to more than 1.5 million denials.
Ask them how many of the 1.5 million were prosecuted for knowingly providing false information on ATF Form 4473.
EDIT (06/07/2022-0815) – By the way, falsifying Form 4473 is a felony punishable by up to 10 years in prison.
If the goal is to keep guns out of the hands of people who should not have them, then why are federal prosecutors not arresting and charging those who illegally attempt to purchase a firearm from an FFL, instead of allowing them to remain free to obtain a gun in some other illegal manner?
-
I would hate to bring up a specific individual, but there is someone who is a pretty high profile who knowingly lied on his form and had his firearm disposed of in a improper manner.
I somehow don’t think he’ll be prosecuted though.
-
I don’t think Brandon wants Hunter to do felony time it would mess up that conduit of cash from the Chinese.
-
-
very few, fed prosecutors don’t go after strawman or 4473 liars unless a really juicy PR results. Nor does AtF go after people who illegally bought a firearm.
-
And they want us to give them more gun laws.
I think they should play with the ones they already have before asking for new toys.
-
Thanks one thing that I have never been able to resolve is that twice I have had to wait the three full days because I was receiving a secondary check check. No one could ever tell me why. Not even my state del or senator could get an answer from the state police.
-
It is possible your name is the same as, or very similar to, that of someone who is on the “no buy” list.
My son-in -law has experienced the same issue.
My own background checks typically clear before the clerk has a chance to finish saying “these checks can take up to a few hours, or even days”
-
yeah I asked about that and was asked if I put in my Soc Sec number which is supposed to prevent that issue and I said yes, And the people I was talking too could give me no answer.
-
Leave a Reply
You must be logged in to post a comment.