Is there a list out there of people who legally CAN'T HAVE GUNS?

[IdaBriggs]

Is it as easily accessible as the "sexual predators" websites?

Thanks in advance --

[MineralMan]

1. There is, but it's partial and not public.

If you go to a gun shop to purchase a firearm, you fill out a form with all your personal identification info, and the gun shop checks with a phone call to see if you can be sold the firearm. There's no way, though, for the public to consult that list in any way.

It doesn't apply to private sales in many jurisdiction and of course doesn't apply in illegal sales, which take place constantly around the country.


Here's a link to a pdf of the 4473 form people buying a firearm from a dealer fill out:

https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

[Kelvin Mace]

2. Well, there is the unofficial list

which involves any skin tone darker than the arresting officer.

[FBaggins]

3. Not as public information, no

Nor should it be.

[Initech]

4. This guy should be on that list:

http://www.democraticunderground.com/10025559304

[NYC_SKP]

5. No, and any list would use criteria that varies by state.

Broadly, the list would include felons, and might include mentally ill, domestic violence convictions, substance abusers, etc.

But such a list would violate HIPAA if it included mentally unfit, so I wouldn't expect to see this happen anytime soon.

http://www.ncsl.org/research/civil-and-criminal-justice/possession-of-a-firearm-by-the-mentally-ill.aspx

Firearm Licensure: 50 State Picture

43 States and DC have some prohibitions of
firearm licensure for persons with mental
illness.

36 States have prohibitions for drug abuse.

31 States have prohibitions for alcohol abuse.

20 States and DC have databases that track
individuals with mental illness.

http://www.ncsl.org/Portals/1/documents/health/forum/health_data.pdf

So, I don't know, do we want to be able to map out all criminals/felons the way one can with sexual predators?

I don't know if we want that or not.

[PoliticAverse]

6. The system used at the Federal level is NCIS and it isn't available to the general public...

http://www.fbi.gov/about-us/cjis/nics

The National Instant Criminal Background Check System, or NICS, is all about saving lives and protecting people from harm—by not letting guns and explosives fall into the wrong hands. It also ensures the timely transfer of firearms to eligible gun buyers.

Mandated by the Brady Handgun Violence Prevention Act of 1993 and launched by the FBI on November 30, 1998, NICS is used by Federal Firearms Licensees (FFLs) to instantly determine whether a prospective buyer is eligible to buy firearms or explosives. Before ringing up the sale, cashiers call in a check to the FBI or to other designated agencies to ensure that each customer does not have a criminal record or isn’t otherwise ineligible to make a purchase. More than 100 million such checks have been made in the last decade, leading to more than 700,000 denials.

NICS is located at the FBI’s Criminal Justice Information Services Division in Clarksburg, West Virginia. It provides full service to FFLs in 30 states, five U.S. territories, and the District of Columbia. Upon completion of the required Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473, FFLs contact the NICS Section via a toll-free telephone number or electronically on the Internet through the NICS E-Check System to request a background check with the descriptive information provided on the ATF Form 4473. NICS is customarily available 17 hours a day, seven days a week, including holidays (except for Christmas). Please be advised that calls may be monitored and recorded for any authorized purpose.

[NYC_SKP]

7. PS: More on who can't possess:

I'm thinking every other household in many parts of the country would appear on that map!

Who Cannot Have a Gun in America?

Guide Extra:

The Gun Control Act of 1968 prohibits certain people from possessing a firearm. The possession of any firearm by one of these "prohibited persons" is a felony offense. It is also a felony for any person, including a registered Federal Firearms Licensee to sell or otherwise transfer any firearm to a person knowing or having "reasonable cause" to believe that the person receiving the firearm is prohibited from firearm possession. There are nine categories of persons prohibited from possessing firearms under the Gun Control Act:

Persons under indictment for, or convicted of, any crime punishable by imprisonment for a term exceeding on year;
Fugitives from justice;
Persons who are unlawful users of, or addicted to, any controlled substance;
Persons who have been declared by a court as mental defectives or have been committed to a mental institution;
Illegal aliens, or aliens who were admitted to the United States under a nonimmigrant visa;
Persons who have been dishonorably discharged from the Armed Forces;
Persons who have renounced their United States citizenship;
Persons subject to certain types of restraining orders; and
Persons who have been convicted of a misdemeanor crime of domestic violence.

With limited exceptions, persons under eighteen years of age are prohibited from possessing handguns.

http://usgovinfo.about.com/blnoguns.htm

[beevul]

8. "Prohibited persons".

Identify Prohibited Persons


The Gun Control Act (GCA) makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms. 18 USC 922(g). Transfers of firearms to any such prohibited persons are also unlawful. 18 USC 922(d).

These categories include any person:


Under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;


•convicted of a crime punishable by imprisonment for a term exceeding one year;


•who is a fugitive from justice;


•who is an unlawful user of or addicted to any controlled substance;


•who has been adjudicated as a mental defective or has been committed to any mental institution;


•who is an illegal alien;


•who has been discharged from the military under dishonorable conditions;


•who has renounced his or her United States citizenship;


•who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or


•who has been convicted of a misdemeanor crime of domestic violence (enacted by the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, effective September 30, 1996). 18 USC 922(g) and (n).

https://www.atf.gov/content/firearms/firearms-industry/firearms-how-identify-prohibited-persons