Opinion By Larry Keane
USA – -(AmmoLand.com)- Here’s something we all can agree on: When criminals attempt to illegally obtain firearms we must enforce the law by arresting and prosecuting them.
Five years before the murderous rampage in Odessa, Texas, the criminal attempted to illegally purchase a firearm from a federally licensed firearms retailer (FFL). He was denied, as he was already prohibited under existing federal law from buying or possessing a firearm because a court had determined he was dangerously-mentally ill.
In the aftermath of this tragedy, we see the same, tired, knee-jerk reactions to ban certain types of popular firearms in response to the criminal acts of a madman. As we continue to point out – these policies fail to reach the goal we all have of safer communities.
NICS Worked
The question that remains is why the criminal was not arrested and prosecuted when he attempted to illegally purchase a firearm? The FBI National Instant Criminal Background Check (NICS) system worked in this case, but after the appropriate denial was made, what happened next?
The National Shooting Sports Foundation, the trade association for the firearms and ammunition industry, has long called for enforcing our laws. Those who try to buy firearms, knowing they are a prohibited person, are breaking the law.
And yet, they are rarely prosecuted for illegally lying on a federal form and claiming they are not prohibited.
No One Acted
In general, firearms-related crimes are being prosecuted far more often under President Trump’s administration than they were under President Obama’s. A quick look at the number of criminal cases in which a firearms offense was charged shows an increase of 36 percent in the number of cases filed in FY 2018 compared to FY 2016. In case that’s not dramatic enough, this represents roughly another 4,000 individuals prosecuted for breaking gun laws.
This increase is significant and laudable. But there’s more that can be done. That’s where recent proposals come in that would require NICS in the case of a denial to immediately notify ATF and local law enforcement entities. There’s a gap in the system that needs to be closed to prevent another prohibited person from escaping prosecution for attempting to buy a gun with tragic results.
The NSSF is urging Congress and the administration to enact legislation that would mandate immediate notification to ATF and local law enforcement whenever there is a NICS denial so that these criminals who are attempting to illegally obtain firearms can be arrested and prosecuted.
About National Shooting Sports Foundation
The National Shooting Sports Foundation is the trade association for the firearms, ammunition, hunting and shooting sports industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of more than 10,000 manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers. www.nssf.org
Politicians and bureaucrats add more ineffective gun laws each time there’s a mass killing. Like most laws, they are unable or unwilling to enforce. Laws are meant to deter or prevent an activity/crime from occurring by creating consequence. Everyday, criminals gamble that they can beat the odds of getting caught. But terrorists who kill unarmed people don’t care and have already decided to sacrifice themselves for whatever their cause is. No law can never stop that, only a bullet will. Disarming the lawful is always the outcome of another gun law and terrorists clearly have the advantage.
Why in the Hell would would you have to mandate an “immediate” notification to the ATF. Heads should roll for this failure. No legislation is needed just start firing people that caused this failure. When people start falling off payrolls will cause others to take notice and start doing their job. People died because people are not doing something as simple as Notifying authorities, and authorities not prosecuting offenders.
Apparently someone doesn’t KNOW what the “Law” IS. Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void. — Marbury, 5 U.S. at 177.[37] That being stated. SHALL NOT BE INFRINGED comes to mind. You want people arrested for thought crimes. Before the 1968 “Gun Control Act” which is a BLATANT violation of the UNALIENABLE right to keep and bear arms, a bank robber that was arrested and was… Read more »
Sorry but I have to call BS on this one!! ALL GUN LAWS ARE INFRINGEMENTS! PERIOD!!
We need to prosecute actual crimes and impose harsh penalties without exception, not make & enforce more laws just to pile on with charges. We don’t need extra penalties for criminal use of firearms if we would just FULLY PROSECUTE the underlying crime!!! If it’s heinous, well lock the SOB’s up & throw away the key!! If they kill someone, execute the SOB’s!! If they kill LOTS of people, try them and EXECUTE THEM IMMEDIATELY WITHOUT APPEALS!!!
Justice delayed, after all, is JUSTICE DENIED.
Until someone figures out how to keep every prohibited person under surveillance at all times there is no way to prevent private gun transfers to those prohibited from possessing guns. Its the same problem with illegal drugs and stolen property. Government minders lack the ability to monitor everyone all the time. Those advocating universal background checks know this, and until a communist named Beto let the truth of gun confiscation leak from his lips many casual gun owners were all for universal background checks. I know I’m preaching to the choir but every law ever written is only as good… Read more »
The Federal Agencies, ALL of them, arbitrarily and capriciously apply the law. It used to be something they avoided at all costs and could be held accountable for by a Congressional inquiry or administrative action, but not any more. Now, it is SOP. They (Federal Agencies) ignore laws most of the time, especially when someone they favor breaks one or if it is just too much trouble (paperwork), and they often only apply them when it is in their favor to do so (getting back at someone they don’t like, using enforcement of the law for a big publicity show,… Read more »
This may be a valid point in the case of the Odessa shooting, but just because a person is denied when a back ground check is run, doesn’t necessarily mean there is a criminal violation. So ATF gets notified and then they show up in a pre-dawn raid. While I’m sure that Mr. Keane’s intent here is good, its quite obvious that the Democrats have no intention in keeping guns out of the hands of the wrong people, only “We the People.” We should all thank Robert Francis for at least being honest about it.
The problem presently is that you had people like Elizabeth Ray back in the 70’s servicing the Democratic Lawmakers . Now the Elizabeth Rays are now Socialist lawmakers . That is why only criminals and undocumented aliens are the only ones that have rights.
I read the StarNews in Wilmington North Carolina every day, there are often articles about someone being arrested for a crime and charged on various criminal law violations. Included is illegal possession of a firearm by a felon. Yet the criminal is not charged with the federal crime. The felon is released on bail! Several times the criminals have killed witnesses against them. But no federal charges are brought against the criminal! What gives?
Ever wonder why so many cops are baptist, methodist, presbyterian, calvary chapel, foursquare?
Come on, get real.