Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

HAB911

(8,811 posts)
Tue Jul 18, 2017, 09:15 AM Jul 2017

Washington Law Will Alert Survivors When Domestic Abusers Try to Buy a Gun

On July 23, Washington will require survivors of domestic violence, stalking, or sexual assault be notified if their abuser fails a background check when attempting to purchase a firearm. According to The Trace, Washington will be the first state to enact this form of gun control.

The requirement is part of a broader bill that requires gun dealers to alert the Washington Association of Sheriffs and Police Chiefs after someone fails a background check. That information goes into a database shared with law enforcement, and a statewide notification system will share the news with survivors of domestic or sexual violence with court protections. The bill also dedicates a new grant to fund investigations into anyone who attempts to illegally purchase a firearm.

According to Everytown USA, a gun control advocacy group, more than 50 percent of mass shootings are related to domestic violence. And in cases of domestic violence, if the abuser has access to a gun, the chance that a woman will be fatally shot increases by five times. Federal law prohibits anyone convicted of a felony, anyone under a domestic violence protective order, or anyone convicted of a misdemeanor crime of domestic violence from possessing a firearm. However, most states have several loopholes in the law, including one that allows abusers with a non-legally recognized relationship to the victim (a boyfriend or former partner, for example), to purchase guns from unlicensed or private sellers. In states that require background checks on all handgun sales, Everytown notes, “47 percent fewer women are shot by intimate partners.” In 2014, Washington became the first state to require universal background checks on firearm sales.

http://theslot.jezebel.com/washington-law-will-alert-survivors-when-domestic-abuse-1796997467

5 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Washington Law Will Alert Survivors When Domestic Abusers Try to Buy a Gun (Original Post) HAB911 Jul 2017 OP
The real loophole is in not prosecuting people who legitimately fail the background checks. Throck Jul 2017 #1
I can't fathom why this doesn't get more traction Lee-Lee Jul 2017 #3
Ugh. You dumb fuckers. Fix the problem instead of this band aid Lee-Lee Jul 2017 #2
Exactly right Alea Jul 2017 #4
The reason they ignore it Lee-Lee Jul 2017 #5

Throck

(2,520 posts)
1. The real loophole is in not prosecuting people who legitimately fail the background checks.
Tue Jul 18, 2017, 09:23 AM
Jul 2017

Near none have ever been prosecuted.

 

Lee-Lee

(6,324 posts)
3. I can't fathom why this doesn't get more traction
Tue Jul 18, 2017, 10:39 AM
Jul 2017

You actually see more calls from the anti gun control crowd to prosecute these cases than we see from anti-gun groups.

If anti-gun activists were genuine about reducing misuse of firearms this should be the #1 thing they push. Because it doesn't require anything from Congress, it doesn't require any new law. It just requires that the law be enforced as it should be and it would get tens of thousands of people dangerous enough to be barred from owning guns who are trying to off the street. And even if you just put them on probation after a conviction probation means a probation officer is visiting your home and searching for firearms to make sure you don't have them.

If you had 80,000 known dangerous people who are actively seeking to buy guns stopped from seeking them out by other means after being denied on an background check (because all they will do after a denial is steal one or get a friend or family member to do a straw purchase) actually taken off the streets or at least out on probation with monitoring you would see a serious decrease in actual misuse of firearms.

 

Lee-Lee

(6,324 posts)
2. Ugh. You dumb fuckers. Fix the problem instead of this band aid
Tue Jul 18, 2017, 09:27 AM
Jul 2017

If a goddamm FEDERAL FELONY for the person who would trigger the alert to attempt to buy a gun. Instead of this band aid, ineffective alerting of a victim why don't we FUCKING ARREST THEM AND PROSECUTE that felony.

It's the easiest crime in the world to prosecute and convict for. The Form 4473 requires a person to certify UNDER PENALTY OF PERJURY they don't have any of the disqualifying history. When they fail, that form with their signature stays with the dealer for law enforcement to come get. Exhibit A, case closed.

You have a dangerous person who is barred from buying or owning a gun, who actively attempted to buy one and committed a FEDERAL FELONY in the process- and all you are doing is letting their prior victims know?

The Damm BATFE and US Attorneys offices have been ignoring enforcement of this law for more than a decade, through R and D administrations alike. It's in their court and they refuse to do anything.

In 2012 over 80,000 people were denied on the NICS check. Some of those were mistakes by NICS, but most were prohibited persons. That means they committed a felony. The number of them prosecuted for that crime? LESS THAN 50!

This is so fucking stupid. It's a problem that doesn't need band aid things like victim notification- it needs Federal LE and Prosecutors to do their damm job and prosecute those violations.

Alea

(706 posts)
4. Exactly right
Tue Jul 18, 2017, 10:39 AM
Jul 2017

Gun control vs gun rights. Lots of good arguments on both sides, but this is a no friggin brainer. Lie on the 4473 you get locked up. I never understood why they ignore this crime. Another case of not enforcing gun laws already on the books.

Alert the potential victims if they want, but lock the prohibited idiot up immediately.

 

Lee-Lee

(6,324 posts)
5. The reason they ignore it
Tue Jul 18, 2017, 10:47 AM
Jul 2017

It isn't a sexy crime.

Seriously.

The BATFE is a notoriously political agency and is always chasing headlines. Big cases get big attention and get the supervisor of the field office rewarded and promoted.

Likewise, and even worse, for the US Attorneys. I don't care if it's a D or R appointee they office is inherently political. They all want the big, sexy cases where that generate great press releases with their names and even better that generate the press conference that gets their face on the evening news.

Decdicating 5 agents to a year long investigation of a biker gang that nets in 12 arrests at the end gets huge, huge PR. Convicting those 12 gets huge PR, because it is high profile.

Using those same 5 agents to investigate just one NICS denial a week would net 100+ arrests and convictions in the same year. But arresting Bubba at the trailer park for trying to buy a gun and committing perjury on the 4473 saying he doesn't have a domestic violence conviction is completely unsexy and generates no PR.

Latest Discussions»General Discussion»Washington Law Will Alert...