Bill would close South Carolina "gun law loophole" that let shooter own firearm

[crenquis]

[ACE]

[quote=“wysinwyg, post:15, topic:61963, full:true”]

@Mister44

Furthermore, give the NICS some TEETH. Of the 80,000 people who were denied a gun in 2012, only 44 were prosecuted. Now not everyone denied perhaps should be in jail, but 44? You are telling me of those tens of thousands only 44 were deemed worthy of arresting? I guess the jails are too full of pot possessions vs restricted persons seeking arms.

Someone who has already been convicted of a crime cannot subsequently be charged with that same crime. You know this.[/quote]
There’s no element of being charged with the same crime, they commit a new crime when they sign the form – falsification of answers on the ATF Form 4473 is a felony under Federal law. However, Joe Biden has stated “Regarding the lack of prosecutions on lying on Form 4473s, we simply don’t have the time or manpower to prosecute everybody who lies on a form, that checks a wrong box, that answers a question inaccurately” (1/10/2013)

Before the FFL calls in to NICS, the buyer fills out Form 4473 and signs it; if they’ve answered yes to any of the disqualifier questions, the purchase is immediately denied, the dealer doesn’t need to call NICS in that scenario.

If the buyer knowingly lies about being a prohibited person, the lie itself is the crime:

If there were any interest in prosecuting even 1% of these attempted purchasers, all the feds need do is pick up the signed 4473 from the dealer, pick up the buyer from his home (address also conveniently on the form), and file the felony charge. Slam dunk for the prosecution.