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Thu Nov 23, 2017, 08:03 AM

Tens of thousands with outstanding warrants purged from background check database for gun purchases

Source: Washington Post

Tens of thousands with outstanding warrants purged from background check database for gun purchases

By Sari Horwitz November 22 at 4:45 PM

Tens of thousands of people wanted by law enforcement officials have been removed this year from the FBI criminal background check database that prohibits fugitives from justice from buying guns.

The names were taken out after the FBI in February changed its legal interpretation of “fugitive from justice” to say it pertains only to wanted people who have crossed state lines.

What that means is that those fugitives who were previously prohibited under federal law from purchasing firearms can now buy them, unless barred for other reasons.

Since the National Instant Criminal Background Check System (NICS) was created in 1998, the background check system has prevented 1.5 million people from buying guns, including 180,000 denials to people who were fugitives from justice, according to government statistics.

It is unclear how many people may have bought guns since February who previously would have been prohibited from doing so.

-snip-


Read more: https://www.washingtonpost.com/world/national-security/tens-of-thousands-with-outstanding-warrants-purged-from-background-check-database-for-gun-purchases/2017/11/22/b890643c-ced1-11e7-9d3a-bcbe2af58c3a_story.html

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Reply Tens of thousands with outstanding warrants purged from background check database for gun purchases (Original post)
Eugene Nov 2017 OP
krispos42 Nov 2017 #1
Lurks Often Nov 2017 #2
Surf Fishing Guru Dec 2017 #3

Response to Eugene (Original post)

Fri Nov 24, 2017, 07:16 AM

1. Well, another side-effect of having the Fanta Menace in office

which in itself is a side-effect of the gun-control side.

Once again, whatever you're TRYING to accomplish, you're doing the damn opposite.

Domestic sales of domestically-produced firearm, per capita.



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Response to Eugene (Original post)

Fri Nov 24, 2017, 05:18 PM

2. What kind of outstanding warrants?

 

How many are felony warrants?
How many are misdemeanor domestic violence warrants or other NICS disqualifying misdemeanor warrants?
How many are misdemeanor warrants that would not be a NICS dis-qualifier?
How many of those "tens of thousands warrants" are for people already disqualified under the NICS system due to previous convictions?

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Response to Eugene (Original post)

Sun Dec 24, 2017, 12:24 AM

3. No Biggie . . .

In reality, this change is only bringing DoJ practice into compliance with federal law.

This isn't a "new" interpretation . . . As used in the Gun Control Act (as amended by Brady), the term "fugitive from justice" has been defined in federal law since the day the Brady Act's ink dried back in 1994:


US Code 18 §921(A)(15): The term “fugitive from justice” means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding.



Fleeing from the state is a requirement to be defined as a "fugitive from justice" in the law. Why previous DOJ's were applying "fugitive from justice" to people that had not fled their state is a question I'd rather leave unasked.

This article's statement that, "What that means is that those fugitives who were previously prohibited under federal law from purchasing firearms can now buy them," isn't true. All that was done was remove people from the NICS category of "fugitive from justice" who are in fact NOT fugitives from justice.

What's the problem?

If the warrant that is being avoided meets 922(n), "indictment for a crime punishable by imprisonment for a term exceeding one year", then they should be entered into NICS and be barred from buying a gun.


922(n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.


I hate to be in a position where I'm defending the Trump / Sessions DoJ, but on this they are legally correct and it corrects a bad practice.

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