How I believe the gun issues should be negotiated.

[Lee-Lee]

20. A better place is to start where there is common ground

There are a lot of things you can do right now that will get guns out of the hands of dangerous criminals that you could get all sides behind.

Start with those.

For example, as I often point out, start with prosecution of all the people who illegally attempt to buy a gun every year.

Typically around 70,000 people a year get denied on the NICS background checks. NICS averages a 99.8% accuracy rate, so those were almost all denials to people prohibited by Federal (and in most cases state) law from owning firearms.

To reach the point of the NICS check a person has already filled out the for 4473 under penalty of perjury swearing they were eligible to own firearms.

So those 70,000 people are deemed too dangerous to own firearms under the law, are actively attempting to obtain firearms, and just committed a Federally Felony trying to buy one.

What happens then?

In virtually every case, nothing. Less than 1000 of those cases annually get followed up on at all. Less than 100 get actually prosecuted.

That is insane. If you want to stop criminal use of firearms, start right there. When you have all those prohibited persons ACTIVELY attempting to get a gun and you ignore it you just leave them to get a gun in the black market or steal one or to keep possessing one they may already have.

Even the NRA has called for more aggressive action on follow ups and NICS denials.

In my book a felony attempt to illegally obtain a firearms should at a minimum be followed up first by a search warrant to ensure no guns are possessed or were obtained via illegal means. A prohibited person who is actively trying to obtain a firearm who committed a felony in the attempt should be more than enough grounds for a warrant to search and ensure they have no illegally possessed firearms.

Then you prosecute. Federal perjury is punishable by up to 10 years. But in most cases just go for 5-10 years of supervised probation because that will include and allow for warrantless searches for prohibited items throughout the probation period. Send ones with more serious criminal history’s to prison.

That would do several things. It would send the message that we are serious about cracking down on criminal possession of firearms. It will head of thousands of criminals trying to get guns or who already illegally have one and try to get another before they can go commit a crime with it.

Second, go for enhanced sentences for anyone caught with a gun in the commission of a crime, even if the gun isn’t used. This approach has been proven to reduce gun crime especially gang and drug related, and that accounts for around 80% of all firearms homicides. It has a deterrent effect in that some criminals will decide not to carry a gun and it has the effect to locking up the ones who do longer so they are not back out to do it again.

Shifting prosecution of crimes like felon in possession of a firearm to Federal charges and courts also is a proven effective strategy. Programs like Project Exile did that and had good effects in the cities where it was done. Although some activists complain that the sentences were too harsh or that it was unfair that Federal time meant you probably were sent many states away.