Here is a New Policy Concept: Enforce The Law

Opinion By Larry Keane

Denied
Here is a New Policy Concept: Enforce The Law

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.


National Shooting Sports FoundationAbout 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

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    USMC0351GruntTionicojack macnevilleMICHAEL J Recent comment authors
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    USMC0351Grunt
    Member

    You’re beginning to sound just as stupid as Harold. The NICS System is HEAVILY FLAWED and needs to be scrapped! From what I have read and researched about the BIDS system, THAT appears to be the lesser of the two unconstitutional evils. I have gone up against the NICS/CJIS “system” and proved them to be a bunch of UNCONSTITUTIONAL, EX-Post Facto DUMBASSES that shouldn’t be trusted with a Potato Gun! Yes, UNCONSTITUTIONAL! The NICS, CJIS, (especially) the BIDS and ANY OTHER “SYSTEM” violates DUE PROCESS and here you want to throw an, “INNOCENT UNTIL PROVEN GUILTY CITIZEN” under the bus!… Read more »

    USMC0351Grunt
    Member

    The bottom line is if a United States citizen is able to walk into a gun store to full out a Form 4473 to buy a gun obviously they’re not a felon because they are no longer in prison! THEY SERVED THEIR TIME, else they would have been fried, hung or shot! Or some bleeding heart liberal wanted them released back onto the streets for some un-Godly reason?

    jack mac
    Member
    jack mac

    The purpose of background checks is to assist the government to identify buyers not yet members of the prohibited underclass. It is simple to oppress individuals into this underclass and becoming simpler with red flag type laws. Universal checks will identify both the buyer and seller as targets of individual oppression. Citizens who do not and desire not to possess firearms can be subjected in the same manner. Too many citizens do not realize this, too many do not care, and way too many believe it acceptable. Almost all people in charge of operating our governments find it preferred. If… Read more »

    neville
    Member
    neville

    Cops are not going to enforce the laws, it is too much like work. Do you ever wonder why so many cops are catholics?

    Tionico
    Member
    Tionico

    Ever wonder why so many cops are baptist, methodist, presbyterian, calvary chapel, foursquare?

    Come on, get real.

    MICHAEL J
    Member
    MICHAEL J

    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.

    Colie
    Member
    Colie

    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?

    USMC0351Grunt
    Member

    It’s all a part of due process and what the facts and evidence show vs. the cost of going to trial.

    JPM
    Member
    JPM

    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 »

    Terry
    Member
    Terry

    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.

    USMC0351Grunt
    Member

    @Terry, what about the tens of thousands of innocent individuals that get falsely tagged in the extremely erroneous NICS system? Are you going to fund their defense and pay for their lawsuit against the federal government?

    sailke
    Member
    sailke

    Novel concept… enforce the law… can’t believe no one has thought of this until now…they must not have been trying

    CourageousLion
    Member
    CourageousLion

    The law is “…SHALL NOT BE INFRINGED”.

    CourageousLion
    Member
    CourageousLion

    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 »

    KenW
    Member
    KenW

    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.

    Tionico
    Member
    Tionico

    So how about Congress get off their thick end and change a few laws around… by far the vst majority of DENY codes are false negatives…. in other words, the guy should NOT be listed as prohibited. They are SO sloppy they search for names that are similar, yet reveal radically different dates of birth, cities of birth, state of residence…. REVISE the database so it will search ONLY by the name under which that individual has his Social Security Account. John Jones should NEVER be confused with Johhny Jones, especially when they are ten years different in age and… Read more »

    Will Flatt
    Member

    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.

    CourageousLion
    Member
    CourageousLion

    You are an example of a person with COMMON SENSE and an understanding to PROPER human interaction. Thanks for the post.

    Tionico
    Member
    Tionico

    There ARE individuals that should or must NOT be in possession of arms. Just as there are those who should NOT have the ability to freely associate as they pleae, or travel about at their whim. Many are denied, for a season, their right to vote. convicted felon can’t hold public office. ALL these are RIGHTS protected by the US COnstitutoin.. yet there ARE situatioins where one’s rights are removed for cause, for a season. You are correct in one thing, though…. murderers MUST, after a fair trial, I should think to be followed by an impartial review of the… Read more »

    Get Out
    Member
    Get Out

    Why enforce gun laws already on the books when they just ignore them or continue to pass another useless law that’ll never be enforced either.

    Kaiserworks
    Member
    Kaiserworks

    ENFORCE THE LAW is an argument based on false and incredibly dangerous assumptions. The first of these is that the ‘LAW’ is just. The state has a monopoly on violence and that violence will always and everywhere through the history of man, be directed not at mere criminals or the mentally unstable, but against those ( = YOU ) that pose a threat to the states monopoly. Stop pretending, stop the normalcy bias, stop parroting the red/white/blue/applepie propaganda. Norman Rockwell’s America died a long time ago. You and your progeny are already on lists to end up in ditches and… Read more »

    CourageousLion
    Member
    CourageousLion

    WOW! We are actually getting some good honest common sense responses here today! I’d be PROUD to be next to you fighting the criminals that have taken over our government.

    CourageousLion
    Member
    CourageousLion

    ^^^^^^^^^^^^^^^^TRUTH^^^^^^^^^^^^^^^^^^^^^^ Take the fact that the UNIVERSITY OF FAIRBANKS ALASKA has just released a $300,000 report of a 3 year research study on the collapse of Word Trade Center 7 and the results of that finding? THAT IT WAS CONTROLLED DEMOLITION. Do you hear about THAT in the lying mainstream media? Do you read anywhere about THAT? And if THAT is how WTC7 was taken down, HOW do you supposed WTC1 & 2 where taken down? Seriously people…PSYCHOPATHS are running “our” country and have been doing so since about 1913 with the passage of the Federal Reserve act, and maybe… Read more »

    Jaque
    Member
    Jaque

    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 »

    CourageousLion
    Member
    CourageousLion

    I am free because I know that I alone am morally responsible for everything I do. I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do. ~Robert A. Heinlein

    Paul71
    Member
    Paul71

    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.

    Will
    Member
    Will

    @Paul,I ain’t thought about Elizabeth Ray in years.