I have had the opportunity to go through many background and security checks. In fact, I’m in the middle of a security check right now. I hold a Secret security clearance at the moment but have held a Top Secret clearance in the past. It sounds much more cool than it is. It’s the level of security material that you are able to view and work with and the level at which you are checked. Every 7 years this clearance is redone. But I also have a few concealed carry licenses from different states. Then there’s my commercial driver’s license. That required a background check. Any more, you can’t rent an apartment without a background check! So I feel I’m no stranger to being fingerprinted and someone interviewing my High school teachers. I’m used to it. That does not mean I’m not careful with my personal information, I’m just not worried about the government having it anymore.
So what is the background check associated with buying a gun?
Well let’s start with how you can fail a check.
Anything that makes a person too high-risk to possess lethal firepower, in the eyes of the law. Those includes criminal and mental health history, dishonorable military discharges, unlawful immigration status, an open warrant, a documented history of domestic violence, and drug use.
Felony convictions are the most common reason for the gun background check system to reject an applicant, resulting in 785,984 denials during the 19 years (as of 2017) that NICS has been in operation. More than 178,000 fugitives, 136,000 domestic offenders, and 131,000 unlawful drug users have also been blocked. The bar for denying someone on mental health grounds is very high, requiring that a person has been declared unsound or involuntarily confined to a psychiatric institution by a court or other authority. Fewer than 32,000 people have been denied under this criteria.
The DOJ’s form 4473 Firearms Transaction Record asks these questions:
“1. Are you the actual transferee/buyer of the firearm(s)?
2. Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year?
3. Have you ever been convicted in any court of a felony, or any other crime, for which the judge could have you imprisoned for more than one year, even if you received a shorter sentence including probation?
4. Are you a fugitive from justice?
5. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?
6. Have you ever been adjudicated mentally defective (which includes a determination by a court, board, commission, or other lawful authority that you are a danger to yourself or to others or are incompetent to manage your own affairs) or have you ever been committed to a mental institution?
7. Have you been discharged from the Armed Forces under dishonorable conditions?
8. Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?
9. Have you ever been convicted in any court of a misdemeanor crime of domestic violence?
10. Have you ever renounced your United States citizenship?
11. Are you an alien illegally in the United States?
12. Are you an alien admitted to the United States under a nonimmigrant visa?
13. Do you have a valid government-issued photo identification, such as a driver’s license?”
These are the questions
• Proceed: If NICS indicates the seller can proceed, then the sale can continue.
• Canceled or Denied: Should NICS mark the form as “canceled” or “denied,” the seller cannot legally sell the firearm to the buyer. There are some gun dealers who generally provides the customer with contact information for a local lawyer who handles restoration of firearm rights in case the failed background check is erroneous. There have been times police have arrived at a gun shop to arrest the customer who legally cannot purchase a gun.
• Delayed: If the background check elicits a “delayed” response from NICS, the seller cannot complete the transaction for at least three business days. Unless a specific “denied” designation is issued, the seller will be able to complete the transaction with the customer after that period elapses, under federal law.
This is the system to “weed out” undesirables who try and get a gun. To be honest, those that work in gun stores or counters where guns are sold are usually a big help. Any employee can refuse to sell a gun to anyone. So they are our last line of defense. If I were a gun shop owner or a manager, I’d give some training to employees on what to look for and who to not sell to.
Background checks are really nothing to fear. Unless you have some of the problems above. Most people don’t have these issues. But everyone has a past and specific circumstances that may keep them from buying a gun. If you do, talking to a lawyer would be a good advice.
So don’t be afraid, buy a gun!
Semper Paratus
Check 6
Burn
No comments:
Post a Comment