Report: FBI ordered 4,000+ guns seized from buyers who failed background checks

[Duesenberg]

Very interesting article for a few reasons Report: FBI ordered 4,000+ guns seized from buyers who failed background checks

The law states that if the federal National Instant Criminal Background Check System (NICS) does not provide a determination if a buyer is approved/not approved to buy a firearm within 72 hours, that the transaction is de-facto approved. This provision is important because it keeps the FBI from abusing the NICS. Some interesting things to ponder given the 4,000+ guns to be seized:

1. It’s good that guns are being taken out of the hands of people that do not qualify to own them. Hard to argue with that. It took a Republican president to push this.
2. It brings to question how the FBI knows about these guns? No records at the federal level are to be kept regarding gun ownership or transactions. Doing so is against federal law. This is of great concern due to the possibility of an illegal, national firearms registration – a precursor in years past in other countries for gun confiscation.
3. Will the people who bought guns even though they were not supposed to, be prosecuted if they lied on the Form 4473? It’s a federal offense, but it was rarely prosecuted under Obama.

 

[jfz178]

No records at the federal level are to be kept regarding gun ownership or transactions. Doing so is against federal law. There is a GAO report that states clearly that the BATFE is keeping such records against federal law and so far, nothing has been done about it. If you fill out a 4473, the information goes in with the form and as we know, nothing ever disappears from cyber-space. I have no doubt there will be court challenges over this, but it may take years to resolve and history on this kind of thing suggests the guns seized my be destroyed before the resolution. It is a classic violation of the 4th Amendment.

Will the people who bought guns even though they were not supposed to, be prosecuted if they lied on the Form 4473? It’s a federal offense, but it was rarely prosecuted under Obama. NICS violations are still not being prosecuted. In fact, gun crimes of all kinds, across the board, are rarely prosecuted. I heard a prosecuting attorney on an anti-gun panel discussion admit that even when they are charged, gun crimes are almost always plea bargained away and he doesn’t see that changing.