REAL WORLD EVENT DISCUSSIONS

Prosecutions for lying on firearms check forms

POSTED BY: GEEZER
UPDATED: Wednesday, January 30, 2013 04:08
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Friday, January 25, 2013 9:19 AM

GEEZER

Keep the Shiny side up


Quote:

About 99 percent of people who apply to buy a firearm are quickly cleared. But about 1 to 2 percent are denied, mainly because the records show that he or she has a felony indictment or conviction. The data also show that about 5 percent successfully appeal their denials.

Applications: 6,037,394

FBI denials: 72,659 (1.2 percent)

Appeals 16,513 (22.7 percent)

Successful appeals 3,491 (4.77 percent of denials)



The main reason listed for a denial is a felony conviction or indictment. Here are some of the key reasons:

Felony: 34,459 (47.4 percent)

Fugitive: 13,862 (19.1 percent)

State law prohibition: 7,666 (10.6 percent)

Drug use/addiction: 6,971 (9.6 percent)



But here is where it gets complicated. After a review by an arm of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), only a tiny percentage of the cases are actually referred to ATF field divisions for possible referral to prosecutors. Here are the data for 2010 concerning FBI denials.

FBI denials referred to ATF: 76,142

Referred to field: 4,732 (6.2 percent)

Not referred to field: 68,209 (89.6 percent)

Overturned: 3,163 (4.2 percent)



At first glance, these numbers seemed astonishing. In other words, another 4 percent of initial denials were found to be wrong — and nine out of 10 were not deemed worthy of further investigation.

Then, virtually all of these cases were declined by ATF field offices. Here are some of the key reasons, with essentially one-quarter being a case of mistaken denial — even after weeks of investigation.

No prosecutorial merit: 1,661

Federal/state guidelines not met: 1,092

Not a prohibited person: 480

Closed by supervisor: 457

No potential or unfounded: 396



In the end, 62 cases were referred for prosecution, but most were declined by prosecutors or dismissed by the court. Out of the original 73,000 denials, there emerge just 13 guilty pleas.



http://www.washingtonpost.com/blogs/fact-checker/post/the-claim-that-t
he-brady-law-prevented-15-million-people-from-buying
-a-firearm/2013/01/23/77a8c1d4-65b4-11e2-9e1b-07db1d2ccd5b_blog.html

(space added to wrap)

So in 2010, around 73,000 folks tried to buy a gun although they were prohibited by law from doing so, were thereby subject to prosecution, and were referred to the ATF for prosecution, but only 13 got to "guilty".

One has to wonder how many of these folks who weren't prosecuted just went out and bought a gun on the street, and went off to do crime.

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Friday, January 25, 2013 9:24 AM

NIKI2

Gettin' old, but still a hippie at heart...


Yup. Our legal system is screwed up. And just think how many already knew they wouldn't pass a background check, so just went to a gun show and bought a gun without being checked.

Tit for tat got us where we are today. If we want to be grownups, we need to resist the ugliness. If we each did, this would be a better reflection on Firefly and a more welcome place. I will try.

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Friday, January 25, 2013 9:31 AM

GEEZER

Keep the Shiny side up


Quote:

Originally posted by Niki2:
Yup. Our legal system is screwed up. And just think how many already knew they wouldn't pass a background check, so just went to a gun show and bought a gun without being checked.



Not so much.

Quote:

Daniel Webster, director of the Johns Hopkins Center for Gun Policy and Research, will report data from a 2004 survey of inmates in state prisons in a chapter in a book titled “Reducing Gun Violence in America,” to be published Jan. 28 by Johns Hopkins Press.

The offenders were incarcerated from crimes committed with handguns, and this is how they reported how they obtained the guns:

Licensed gun dealer: 11 percent

Friends or family: 39.5 percent

“The street:” 37.5 percent

Stolen gun: 9.9 percent

Gun show/Flea market: 1.7 percent



http://www.washingtonpost.com/blogs/fact-checker/post/the-stale-claim-
that-40-percent-of-gun-sales-lack-background-checks/2013/01/20/e42ec050-629a-11e2-b05a-605528f6b712_blog.html


Looks like private sales at gun shows are about the least popular method for crooks to get guns. I'd suppose the the purchases made from licensed gun dealers are probably most often strawman buyers.

Also interesting that the 2010 figures cited above come with Obama as President and Holder as Atty General. Seems like if they were really interested in reducing gun violence, they'd have been trying harder to put crooks who try to get guns in jail.


"When your heart breaks, you choose what to fill the cracks with. Love or hate. But hate won't ever heal. Only love can do that."

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Friday, January 25, 2013 2:38 PM

HERO


I'm a gun loving, hard right Republican.

But I love enforcing the law, so you put these folks in front of me and I'll be glad to jail every dirty lying son of a bitch who lies on those forms.

Not the least of which I'd punish for trying to undermine the system and ruin for the rest of us a Right that I hold most dear.

H

Hero...must be right on all of this. ALL of the rest of us are wrong. Chrisisall, 2012

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Saturday, January 26, 2013 9:19 AM

NIKI2

Gettin' old, but still a hippie at heart...


Well, let's see. The penalty for fraud by licensed gun dealers is now a misdemeanor, so there's not much incentive to "play fair". Given gun dealers can legally only be checked out once a year, as soon as they've been checked out, they can forget about background checks or keeping records for most of the year. Since the ATF now has fewer investigators than the Phoenix Police Department, and the budget of a mouse, I don't imagine they are able to do much investigating anyway. Given how MANY guns a dealer may sell to anyone without question, I'm sure "legal gun dealers" do quite a bit of selling to straw men.

So buying from a so-called "legal gun dealer" doesn't say much.

Oh, hey, "I'll be glad to jail"--turns out or non-hero is a JUDGE, too, and jury I guess, just like he's supposedly an attorney.

Tit for tat got us where we are today. If we want to be grownups, we need to resist the ugliness. If we each did, this would be a better reflection on Firefly and a more welcome place. I will try.

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Saturday, January 26, 2013 4:16 PM

PIRATENEWS

John Lee, conspiracy therapist at Hollywood award-winner History Channel-mocked SNL-spoofed PirateNew.org wooHOO!!!!!!


80 women and children prosecuted by the Feds for lying on gun sale forms:




Fed govt not prosecuted for lying on gun sale forms
http://www.examiner.com/article/dr-martin-luther-king-assassinated-by-
us-govt-king-family-civil-trial-verdict


Obama and Holder not prosecuted for lying on gun sale forms:




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Saturday, January 26, 2013 6:04 PM

GEEZER

Keep the Shiny side up


Quote:

Originally posted by Niki2:
Well, let's see. The penalty for fraud by licensed gun dealers is now a misdemeanor, so there's not much incentive to "play fair".



That sort'a depends. Paper work violations can now be misdemeanors, but selling to someone who is denied the ability to purchase firearms by 18 USC 922(d)...

Quote:

(d) It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -
(1) is under indictment for, or has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one
year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been
committed to any mental institution;
(5) who, being an alien -
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been
admitted to the United States under a nonimmigrant visa (as
that term is defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
(6) who (!2) has been discharged from the Armed Forces under
dishonorable conditions;
(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such
person or child of such intimate partner or person, or engaging
in other conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or child, except
that this paragraph shall only apply to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had the opportunity to
participate; and
(B)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of
domestic violence.
This subsection shall not apply with respect to the sale or
disposition of a firearm or ammunition to a licensed importer,
licensed manufacturer, licensed dealer, or licensed collector who
pursuant to subsection (b) of section 925 of this chapter is not
precluded from dealing in firearms or ammunition, or to a person
who has been granted relief from disabilities pursuant to
subsection (c) of section 925 of this chapter.


http://codes.lp.findlaw.com/uscode/18/I/44/922

...is, per 18USC 924 (a)(1)(D):

Quote:

(a)
(1)Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever—

(D)willfully violates any other provision of this chapter,

shall be fined under this title, imprisoned not more than five years, or both.


http://www.law.cornell.edu/uscode/text/18/924

Quote:

Given gun dealers can legally only be checked out once a year, as soon as they've been checked out, they can forget about background checks or keeping records for most of the year.

Not really, since guns they sell can be traced back to them, and if they skipped the background check they fall under the provisions of 18USC 922(d)


Quote:

Since the ATF now has fewer investigators than the Phoenix Police Department, and the budget of a mouse, I don't imagine they are able to do much investigating anyway.


5000 staff and a budget of $1.2 billion, per Wikipedia. Also note that they don't prosecute cases themselves, but forward them to U.S. attorneys.

ETA: "At its peak in fiscal year 2007-08, Phoenix employed nearly 3,340 sworn officers. That number has dropped to 3,048 today."

Read more: http://www.azcentral.com/news/articles/2012/01/25/20120125phoenix-poli
ce-hiring-freeze-continues.html#ixzz2JBDplLgA



Quote:

Given how MANY guns a dealer may sell to anyone without question, I'm sure "legal gun dealers" do quite a bit of selling to straw men.

See 18 USC 992(d), above. Gun dealers have quite an incentive to run background checks, given up to 5 years in jail for each violation. If someone does come in who can pass a background check, there's really no way to know if they're buying for someone else.

Overall, I'd say that when you get your 'facts' from somewhere like an editorial in Mother Jones, you probably need to do some checking at a slightly more unbiased source before taking it as gospel.


"When your heart breaks, you choose what to fill the cracks with. Love or hate. But hate won't ever heal. Only love can do that."

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Sunday, January 27, 2013 12:27 AM

PIRATENEWS

John Lee, conspiracy therapist at Hollywood award-winner History Channel-mocked SNL-spoofed PirateNew.org wooHOO!!!!!!


Gotta love that double jeopardy and life sentence on parole. Now you know why dope is illegal, as a de facto gun prohibition for millions of people.






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Sunday, January 27, 2013 8:23 AM

NIKI2

Gettin' old, but still a hippie at heart...


You're wrong; the ATF HAS fewer special agents than Phoenix. You said "staff", not "agents": "special agents" (the ones who go out and do the inspections), which you apparently missed on Wiki, number only 2,400 ("Special Agents currently comprise around 2,400 of the Agency's approximately 5,000 personnel").
Quote:

There are only 2400 special agents in the ATF and part of their duties are divided between alcohol and tobacco issues http://www.whatifsports.com/forums/Posts.aspx?ForumID=530&TopicID=
463791&ThreadID=10096865

Quote:

The agency still has about the same number of agents it had nearly four decades ago: 2,500. The firearms bureau inspects only a fraction of the nation's 60,000 retail gun dealers, taking as much as eight years between visits to stores. By law, the ATF cannot require dealers to conduct a physical inventory to determine whether any guns have been lost or stolen. MUCH more at http://www.propublica.org/blog/item/faced-with-powerful-gun-lobby-head
less-regulatory-agency-keeps-gun-tracing
-

Put that up against:
Quote:

• There are ~14,869 more gun stores in America than grocery stores. Specifically, there are 51,438 gun retailers and 36,536 grocery stores.

• There are almost as many gun dealers in America as gas stations. There are a total of 129,817 gun dealers in the country, which include retail stores (51,438), "collectors" (61,562), pawn shops (7,356), and importers and manufacturers. Meanwhile, there are 143,849 gas stations.

• There are more than twice as many gun stores in America as McDonalds restaurants. There are only 14,098 McDonaldsRead more: http://www.businessinsider.com/more-gun-stores-in-america-than-grocery
-stores-2012-12#ixzz2JCFD2oJq
]

The Washington Post did an investigative series on the issue ( http://www.washingtonpost.com/wp-srv/special/nation/guns/]) and some of the results are pretty amazing. Here's just a TINY taste:
Quote:

Maryland gun store tied to 2,500 crime guns

Dixon's Glock was one of 86 guns sold by Realco that have been linked to homicide cases during the past 18 years, far outstripping the total from any other store in the region, a Washington Post investigation has found. Over that period, police have recovered more than 2,500 guns sold by the shop

Realco's firearms end up at local crime scenes at a rate nearly twice that of any other active Maryland dealer that had 10 or more guns seized.

On a single day, police have logged two, three or even four guns sold by Realco, records show.

The Post investigation found that a small percentage of gun stores sells most of the weapons recovered by police in crimes - re-confirming the major finding of studies that came out before federal gun-tracing data were removed from public view by an act of Congress in 2003

The investigation also found that:

--Nearly two out of three guns sold in Virginia since 1998 and recovered by local authorities came from about 1 percent of the state's dealers - 40 out of the 3,400 selling guns. Most of those 40 had received government warnings that their licenses were in jeopardy because of regulatory violations. But only four had their licenses revoked, and all are still legally selling guns after transferring their licenses, reapplying or re-licensing under new owners.

-- In Maryland, Realco towers over the other 350 handgun dealers in the state as a source of guns confiscated in the District and Prince George's County, the most violent jurisdictions in the area. Nearly one out of three guns The Post traced to Maryland dealers came from Realco. Excerpts from http://www.washingtonpost.com/wp-dyn/content/article/2010/10/23/AR2010
102302994.html

Quote:

How politics protect gun dealers; why we know less about crime gun sales than we did 10 years ago.

Industry pressure hides gun traces, protects dealers from public scrutiny. Under the law, investigators cannot reveal federal firearms tracing information that shows how often a dealer sells guns that end up seized in crimes. The law effectively shields retailers from lawsuits, academic study and public scrutiny. It also keeps the spotlight off the relationship between rogue gun dealers and the black market in firearms.

Such information used to be available under a simple Freedom of Information Act request. But seven years ago, under pressure from the gun lobby, Congress blacked out the information by passing the so-called Tiahrt amendment, named for Rep. Todd Tiahrt (R-Kan.). The law removed from the public record a government database that traces guns recovered in crimes back to the dealers.

"It was extraordinary, and the most offensive thing you can think of," said Chuck Wexler, director of the Police Executive Research Forum, a nonprofit group for police chiefs. "The tracing data, which is now secret, helped us see the big picture of where guns are coming from."

The amendment also kept the data from being used by cities and interest groups to sue the firearms industry, an avenue of attack modeled after the lawsuits against tobacco companies. "

The proposal surprised some members of the House Appropriations Committee when it came up for a vote in July 2003. As a result, it barely passed, 31-30, though the committee was full of NRA supporters such as Rep. Frank R. Wolf (R-Va.), who voted no because he was troubled at being "caught flat-footed and blindsided."

After the vote, Rep. James P. Moran Jr. (D-Va.) objected. "It was not the subject of hearings. It has no support from law enforcement. It has no support from the Attorney General. It really serves to protect only the most corrupt gun dealers at the expense of all other legitimate gun dealers."

For three decades, tracing was used mostly to help police catch criminals linked to recovered guns. But in 1995, Professor Glenn L. Pierce of Northeastern University analyzed ATF tracing data and discovered that a tiny fraction of gun dealers - 1 percent - were the original sellers of a majority of the guns seized at crime scenes - 57 percent.

In 2000, Treasury Secretary Lawrence H. Summers, who oversaw the ATF, announced "intensive inspections" of the 1 percent - 1,012 gun stores. The inspections detected serious problems. Nearly half of the dealers could not account for all of their guns, for a total of 13,271 missing firearms. More than half were out of compliance with record-keeping. And they had made nearly 700 sales to potential traffickers or prohibited people.

The ATF proposed tougher rules, such as requiring dealers to conduct regular inventories to detect lost or stolen guns. The gun industry opposed the rule.

To break through the federal secrecy imposed by the Tiahrt amendment, The Post obtained hundreds of thousands of state and local police records and did its own tracing and analysis. Excerpts from http://www.washingtonpost.com/wp-dyn/content/article/2010/10/23/AR2010
102302996.html

Quote:

Sellers shut down by ATF find other ways

Gun dealers often stay in business with new licenses after ATF shuts them down. "We'll just have to play musical licenses," the owner of the Highland Gun Barn in Michigan said when a federal inspector served him with a final notice to surrender his license.

A California sports shop had its license revoked after inspectors from the Bureau of Alcohol, Tobacco, Firearms and Explosives said the 87-year-old owner's repeated violations of gun laws showed she was unable to run a gun business. Before she forfeited her license, the woman's son obtained a permit to sell guns at the same shop. He said he would be at the shop two days a week and that his mother would "exclusively direct all day-to-day business."

A Georgia gun dealer had its license revoked after ATF said it could not account for hundreds of guns. The dealer's daughter and son-in-law secured their own license and jeot the business going.

It is all legal.

"This is the way Congress wrote the law," said James Zammillo, who was with ATF for four decades and served as deputy assistant director of industry operations before retiring this year. "The spirit of the law is that unless the applicant is prohibited, you have to issue a license. There is no discretion."

Revoking a gun dealer's license is ATF's most aggressive enforcement action short of criminal prosecution. It is a rare last resort for less than one-quarter of 1 percent of dealers annually. It often follows years of warnings for serious violations and sometimes leads to years of appeals. Although gun dealers complain that ATF harps on clerical errors, the agency says it revokes licenses only when dealers continually fail to comply with gun laws and the violations threaten public safety.

At the heart of the issue is the fact that the 1968 Gun Control Act treats each new license applicant as a unique entity - even if it is a similarly named company with the same employees. As long as the applicant is a different individual or business entity, ATF cannot consider violations incurred under a former licensee when weighing the new application. Embattled operations can be reborn with a clean slate at the same location trading under the same business name.

The agency might spend years in court revoking a license from a troubled dealer but by law must approve licenses to eligible applicants within 60 days.

Richard Gardiner, a former counsel for the National Rifle Association who has defended many dealers in ATF revocations, said family members, friends or associates who were not directly involved in the old license are legally entitled to their own licenses. "It's not a loophole," he said.

Current and former officials say troubled dealers have increasingly resorted to the tactic. "Our field people get very frustrated," said Teresa Ficaretta, deputy assistant director for enforcement programs and services at ATF. "Based on the phone calls I get from the field, this is happening more often." The agency, she said, has been working to train attorneys and inspectors how to identify and legally block these cases, but it is extremely difficult and time-consuming.

The new applicants were often family members or newly created businesses with similar-sounding names. In some cases, new applicants told ATF they took steps to remove the person responsible for prior problems. In other cases, former licensees were listed as employees, consultants, shareholders or landlords.Excerpts from http://www.washingtonpost.com/wp-dyn/content/article/2010/12/13/AR2010
121305890.html?sid=ST2010121305901


And that's just the tip of the iceburg.

There is also the "Firesale Loophole", which allows gun dealers, when they lose their license, TO CONTINUE TO SELL THEIR INVENTORYAS "PRIVATE COLLECTIONS" WITHOUT BACKGROUND CHECKS!
Quote:

WHAT IS THE FIRESALE LOOPHOLE?

When the federal government has shut down a gun dealer for selling illegally, it has nevertheless permitted that dealer to sell off its inventory - without conducting background checks.

Even after ATF revokes a gun dealer's license for chronic non-compliance with federal law, it has allowed dealers to sell their remaining guns without recordkeeping or background checks - by transferring hundreds guns from their "business inventory" into their "personal collections."Excerpt from http://www.mayorsagainstillegalguns.org/html/federal/dealer_firesales.
shtml



Here's just one example:
Quote:

His store once sold about 3,000 firearms a year. "Human error" was the way Abrams described most of his store's mistakes. "I'm not doing something illegal," he said. But in February, U.S. District Judge William M. Nickerson in Baltimore ruled that while Abrams "may challenge the numerousness or seriousness of its violations of federal firearms law, [he] makes no credible argument that there were no violations. The undisputed fact is that because of [Valley Gun's] lapses, scores of firearms are unaccounted for, and therefore, untraceable," the judge ruled.

...the office of the U.S. attorney for the District of Columbia said that Abrams could sell off his existing stock legally if he didn't buy new weapons. When a dealer loses his license he can dispose of his inventory by selling those firearms without breaking the law.

The news that Abrams, whom federal prosecutors in Maryland labeled a "serial violator" of gun regulations, can still sell hundreds of guns alarmed critics such as Vice of the Brady Center. "This isn't a personal collection," Vice said. "This is an inventory of a gun shop." Excerpts from http://articles.baltimoresun.com/2006-07-13/news/0607130118_1_abrams-g
un-dealers-gun-shop/2


SOME gun dealers have incentives to abide by the law. As is obvious from the above, others do not, pay no price for the fraud they commit, and provide by FAR the most guns used in crimes.
Quote:

I'd say that when you get your 'facts' from somewhere like an editorial in Mother Jones, you probably need to do some checking at a slightly more unbiased source before taking it as gospel.

Nice snark. Putting "facts" in quotes doesn't change that they ARE facts.

Your cute little snark is irrelevant; I did ask that you refute the FACTS presented. Those sources were just what covered the issue most concisely, and are accurate; I dug deeper to find the material from investigative reporters and other sources you MIGHT find less "unbiased" (tho' I doubt it; nothing will be acceptable to you and those like you). I take nothing as gospel from anywhere, and I mistrust the sources you didn't like more than others, which is why I look further. The articles I put up initially were the most comprehensive and concise, but I searched around to provide excerpts from many other sources saying the same things.

It's obvious (and there's tons more, I'm just offering some of the most egregious situations) that there are serious problems with how guns are sold in this country, the NRA has helped make it impossible for data to be made available, and has worked tirelessly and quite competently to protect illegal gun dealers and stymie the ATF. Those facts are patently obvious.

Please refute the FACTS--no, wait, go right ahead and snark and reject whatever you want, it only shows YOUR bias.

Tit for tat got us where we are today. If we want to be grownups, we need to resist the ugliness. If we each did, this would be a better reflection on Firefly and a more welcome place. I will try.

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Monday, January 28, 2013 6:02 AM

GEEZER

Keep the Shiny side up


Quote:

Originally posted by Niki2:
You're wrong; the ATF HAS fewer special agents than Phoenix. You said "staff", not "agents": "special agents" (the ones who go out and do the inspections), which you apparently missed on Wiki, number only 2,400 ("Special Agents currently comprise around 2,400 of the Agency's approximately 5,000 personnel")



So how many special agents, or their analoges, does the Phoenix PD have? I was comparing total staff to total staff, since I can't find a number for, say, detectives in Phoenix, which would seem to be analagous to ATF special agents. Otherwise, you're comparing apples and oranges.

Then again, the Phoenix PD has to be able to direct traffic, investigate all sorts of crimes, give out speeding and parking tickets, provide security for events, escort visiting dignitaries, respond to traffic accidents, etc., etc., etc. NATFE has limited and clearly defined responsibilities, and has the assistance of the DOJ to provide prosecutors for crimes they report.



Quote:

The Washington Post did an investigative series on the issue ( http://www.washingtonpost.com/wp-srv/special/nation/guns/) and some of the results are pretty amazing. Here's just a TINY taste:
Quote:

Maryland gun store tied to 2,500 crime guns

Dixon's Glock was one of 86 guns sold by Realco that have been linked to homicide cases during the past 18 years, far outstripping the total from any other store in the region, a Washington Post investigation has found. Over that period, police have recovered more than 2,500 guns sold by the shop

Realco's firearms end up at local crime scenes at a rate nearly twice that of any other active Maryland dealer that had 10 or more guns seized.

On a single day, police have logged two, three or even four guns sold by Realco, records show.

The Post investigation found that a small percentage of gun stores sells most of the weapons recovered by police in crimes - re-confirming the major finding of studies that came out before federal gun-tracing data were removed from public view by an act of Congress in 2003

The investigation also found that:

--Nearly two out of three guns sold in Virginia since 1998 and recovered by local authorities came from about 1 percent of the state's dealers - 40 out of the 3,400 selling guns. Most of those 40 had received government warnings that their licenses were in jeopardy because of regulatory violations. But only four had their licenses revoked, and all are still legally selling guns after transferring their licenses, reapplying or re-licensing under new owners.

-- In Maryland, Realco towers over the other 350 handgun dealers in the state as a source of guns confiscated in the District and Prince George's County, the most violent jurisdictions in the area. Nearly one out of three guns The Post traced to Maryland dealers came from Realco.




Which sort'a proves my point that the ATF and the Justice Department aren't prosecuting this type of case very vigorously. The Post series also had interviews with folks who admitted to making straw purchases of firearms for persons who couldn't buy them. None of those folks had been charged with making an illegal purchase.

Quote:

Here's just one example:
Quote:

His store once sold about 3,000 firearms a year. "Human error" was the way Abrams described most of his store's mistakes. "I'm not doing something illegal," he said. But in February, U.S. District Judge William M. Nickerson in Baltimore ruled that while Abrams "may challenge the numerousness or seriousness of its violations of federal firearms law, [he] makes no credible argument that there were no violations. The undisputed fact is that because of [Valley Gun's] lapses, scores of firearms are unaccounted for, and therefore, untraceable," the judge ruled.

...the office of the U.S. attorney for the District of Columbia said that Abrams could sell off his existing stock legally if he didn't buy new weapons. When a dealer loses his license he can dispose of his inventory by selling those firearms without breaking the law.




So either this is a failure by the U.S. attourney, or he found that although Abrams' record-keeping actions broke the law, he didn't consider the sale of Abrams' remaining guns to be a danger.


Quote:

SOME gun dealers have incentives to abide by the law.


99%, per the information you quote above.

Quote:

As is obvious from the above, others do not, pay no price for the fraud they commit, and provide by FAR the most guns used in crimes.

And, as with many firearms-related crimes, the Federal prosecutors don't charge them or punish them. Per Pres. Obama's proposals, they should step up prosecutions for illegal gun sales, and I'm all for that.


Quote:

Your cute little snark is irrelevant; I did ask that you refute the FACTS presented.


And I did. your statement that "The penalty for fraud by licensed gun dealers is now a misdemeanor..." is deceiving, because actual illegal sales are still a felony punishable by fine and up to five years in prison.

As to "Given how MANY guns a dealer may sell to anyone without question, I'm sure "legal gun dealers" do quite a bit of selling to straw men."

Since your own cite indicates that 99% of gun dealers abide by the law, that seems pretty specious as well.

Looks like you're doing the same thing to gun dealers you do to gun owners - finding the miniscule percentage who break the law, and then saying "Look at all those criminal gun dealers/owners."



"When your heart breaks, you choose what to fill the cracks with. Love or hate. But hate won't ever heal. Only love can do that."

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Monday, January 28, 2013 10:19 AM

NIKI2

Gettin' old, but still a hippie at heart...


Stupid to nit pick how many this and that there are in the Phoenix Police Department; the simple fact that there are only 2,500 special agents to enforce JUST the 51,438 gun shops--which doesn't include pawn shops OR gun shows--makes the point quite clearly. Given the following:
Quote:

taking as much as eight years between visits to stores.

By law, the ATF cannot require dealers to conduct a physical inventory to determine whether any guns have been lost or stolen .

Federal gun-tracing data were removed from public view by an act of Congress

Nearly half of the dealers could not account for all of their guns, for a total of 13,271 missing firearms

...the way Congress wrote the law. There is no discretion

The agency might spend years in court revoking a license from a troubled dealer but by law must approve licenses to eligible applicants within 60 days .

...permits dealers to sell off their inventory - without conducting background checks.


It's obvious that the ATF is hog-tied by Congress with "laws" and "rules" that make enforcement of background checks, fraud and other illegal activity by dealers, pawn shops, dealers who go out of business and sell a lot of guns as their supposed "private collection" without background checks, and so much more. Facing dealers' ability to hide their transgressions, not being able to require them to conduct a physical inventory, being forced to deal with those who HAVE broken the law by going through long court procedures, while the offender can easily re-open his business by getting a permit for a relative, HAVING to give those permits out, even knowing what's really going on (so essentially they're really unable to stop any fraudulent dealer from continuing to sell guns), not even being able to use data to trace what guns go where, knowing if they actually DO manage to put someone out of business they can sell who-knows-how-many guns without background checks, being unable to stop gun shows selling guns without background checks--all that with a mere 2,500 agents dealing with 51,000+ (probably a LOT +) people selling guns, is utterly insane. And that's how Congress and the NRA set it up...not to mention doing everything they can to cut the ATF's budget along the way.

Saying
Quote:

your statement that "The penalty for fraud by licensed gun dealers is now a misdemeanor..." is deceiving, because actual illegal sales are still a felony punishable by fine and up to five years in prison.

is pure BS. You KNOW how hard the above makes it to actually prosecute anyone; facing all of that, how could they be anything but frustrated and feel attempts to actually imprison anyone are futile--which means few actually FACE the penalty you cite.

The game you're playing is a very silly one. You're arguing, not debating, you're using some arguments to refute valid facts. It absolutely IS "a misdemeanor violation to knowingly maintain false records" ( http://www.fedcoplaw.com/html/federal_firearms_laws.html ); yeah, it's a FELONY "to willfully fail to maintain a record of a firearms sale", but "knowingly" versus "willfully"? Gimme a break! Given how few agents to how many dealers, and that they can't force dealers to conduct a physical inventory to determine whether any guns have been lost or stolen, we can't possibly know how many dealers get away with how much. Supposed "99%" "abiding by the law" can still allow a lot to happen, and it can't be traced accurately by anyone. But we know it's happening.

Without being able to utilize data, how can we actually KNOW exactly how many "straw man" purchases go on? Even perfectly legal gun dealers can sell tons of guns to straw men without anyone knowing. In some states dealers can sell many, many guns to one individual without ever breaking any "law", and we know they do it, even with as little data as investigative reporting can ascertain.

Without data, nothing verifiable is possible. But we KNOW people can avoid prosecution easily by numerous methods, we KNOW it's difficult for the ATF to find, much less prosecute, offenders, we KNOW that even when put out of business, dealers can go right back to selling guns under someone else's permit and the ATF is FORBIDDEN from refusing those permits, and if they're actually put out of business completely, they can continue to sell all the guns they have without background checks.

You know the truth as well as I do: Congress, the NRA, and state laws have hamstrung any efforts by the ATF to actually stop a high number of guns from being sold in this country. I'm glad you're in favor of more enforcement, but in many cases LAWS have to be changed to even make halfway-decent enforcement possible. And that's as much as I'm going to put into this debate; I've more than made my point and any further attempt is a waste of time, given your unwillingness to address the actual, egregious situation.

To quote Kiki: "Geezer, sometimes your deliberate mendacity amazes me." End of story, for me.

Tit for tat got us where we are today. If we want to be grownups, we need to resist the ugliness. If we each did, this would be a better reflection on Firefly and a more welcome place. I will try.

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Wednesday, January 30, 2013 3:38 AM

GEEZER

Keep the Shiny side up


Quote:

Originally posted by Niki2:
Stupid to nit pick how many this and that there are in the Phoenix Police Department



Niki, you're the one who brought it up.

You also cited the fact that only a small percentage of gun stores sells most of the weapons recovered in crimes.

Yet you manage to spread the blame to all gun stores.

And you also ignore the topic of this thread; that even when the ATF is given evidence that folks prohibited from buying firearms lied on the forms, they are very rarely prosecuted for what is a felony.


"When your heart breaks, you choose what to fill the cracks with. Love or hate. But hate won't ever heal. Only love can do that."

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Wednesday, January 30, 2013 4:08 AM

HERO


Quote:

Originally posted by Niki2:
Oh, hey, "I'll be glad to jail"--turns out or non-hero is a JUDGE, too, and jury I guess, just like he's supposedly an attorney.


So your solution to the "failure to prosecute" problem is to claim the prosecutors have no role.

But you make an true but completely irrelevent distinction. I don't arrest people, I have them arrested. I don't jail people, I have people jailed. I note for the record that there are several steps between one and the other...and I'm responsible for pretty much all of that too.

Hero...'for the people', which doesn't mean I can't enjoy it. My favorite part is when they cry.

H

Hero...must be right on all of this. ALL of the rest of us are wrong. Chrisisall, 2012

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