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AG Orders Review of FBI Gun Database After Discovering Convicted Felons Can Lie To Obtain Guns

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Last week, Richard Pollock reported on the fact that the Obama administration rarely prosecuted convicted felons who lied on their forms to obtain guns.  Now, Attorney General Jeff Sessions is ordering a review of the FBI gun database to see why potential buyers are not being stopped.

All of this is coming after Texas gunman Devin Patrick Kelley, who killed nearly 30 people and wounded another two dozen in a church shooting earlier this month, was able to purchase four guns despite the FBI.  More of my thoughts on all of this follow the rest of the report.

CBS reports:

The Pentagon’s inspector general launched a separate review of the gunman in response to that failure. Kelley used a Ruger AR rifle with a 30-round magazine during the Nov. 6 shooting, going from aisle to aisle as he shot parishioners.

The church massacre in Sutherland Springs, Texas, had the largest number of children killed in a mass shooting since 20 died at Sandy Hook Elementary School in 2012.

Sessions said the revelation was “alarming.” But the Pentagon has long known about failures to give military criminal history information to the FBI.

Sessions ordered the FBI and ATF to work with the Defense Department on its review and to identify other obstacles agencies face in sharing information with the database.

The problem has also caught the attention Republican and Democratic lawmakers, who joined forces on legislation that aims to strengthen the database by ensuring federal agencies and states accurately report relevant criminal information to the FBI.

This is not new news, ok?

Following the Sandy Hook shooting in December 2012, Vice President Joe Biden was confronted with the fact that people were lying on their ATF forms and why the Obama administration was not prosecuting them, despite their Communist cries for gun bans.

In a  January 2013 meeting between Vice President Joe Biden and Jim Baker of the National Rifle Association, Biden confirmed they were not prosecuting these people.

According to an interview that Baker gave with the Daily Caller, he said that Biden told him, “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.”

Baker also said he was only given five minutes to present the NRA’s concerns and approaches to prevent massacres like the shooting that took place in Newtown, Connecticut.

While He pointed out the low number of prosecutions for information falsification and the low felony prosecution rate for gun crimes, it didn’t seem to sway Biden in the least.

According to the Bureaus Federal Firearms Regulations Reference Guide, anyone submitting false information on ATF Form 4473 commits a felony punishable by up to ten years in prison.

One would think that with the administration’s call to “get the guns out of the hands of criminals,” that they would be genuinely interested in prosecuting said criminals, but as reported earlier, this administration simply wants to go after guns. They are not interested in enforcing the law, which by the way, is their job as the Executive Branch.

In a report titled Enforcement of the Brady Act, 2010: Federal and State Investigations and Prosecutions of Firearm Applicants Denied by a NICS Check in 2010 that was authored by Ronald J. Frandsen and funded by tax payers through the U.S. Department of Justice and received in August of 2012, there was a report of 72,659 applications to purchase firearms that were denied (See Table A below).

background checks

National Instant Criminal Background Check System reported that the most common reasons for denial fell into three categories. Thirty-four thousand four hundred fifty-nine denials for felony indictment or conviction were issued, making it 47.4% of the reason for denial of applications to purchase or transfer a firearm. Another 13,862 were denied because of being a fugitive, which amounted to 19.1% of denials. Finally, 7,666 people had their application denied because of State law prohibition, which made up 10.6% of denials.

In delayed denials, according to the report, “the agent contacts the firearm purchaser and seizes or takes an abandonment of the firearm or coordinates a transfer of the firearm to a licensed dealer or to a third party who is not a prohibited person. In POC states, a retrieval may be handled by local law enforcement, a statewide firearms unit, or ATF. In addition to the delayed denials, a small number of 2010 standard denials potentially involved unlawful firearm possession. Field offices investigated a total of 1,923 unlawful possession cases that began in 2010. A retrieval of a firearm (or firearms) from a prohibited person by field agents occurred in 1,164 (about 61%) of the cases. The subject of the investigation was cleared in 509 cases (approximately 27%). About 93% of the cases had been resolved by December 13, 2010, with the subject missing in nearly 7% of the cases.”

However, in the chart that follows that assessment, they indicate that 128 of those delayed denials they were unable to locate and 122 had other outcomes. Together they total 13% of delayed denials, which means that at the least a little over half of those still possess the firearm they acquired.

When it comes to actual prosecutions by U.S. attorneys, here’s how the numbers break down. In Table 4 below these are the numbers of cases that the ATF declined to refer for prosecution and the reasons why.

cases declined by AFT

Table 5. shows a total of 62 cases in 2010 that ATF referred for prosecution. Note the reasons for the referral.

charges referred for prosecution

Table. 6 shows that out of these 62, only 44 of those were prosecuted.

prosecution

Again, this is not news, it’s more than five years old!

In an update on the AG’s order, Pollock wrote:

Devin Patrick Kelley, the gunman who killed 26 people and wounded 20 in Southland Springs, Texas Nov. 30 had at least three disqualifying factors that should have denied him a gun. Yet over a four-year period he purchased four guns in California and Colorado.

Kelly had been convicted of domestic abuse, had been institutionalized in a mental facility and was given a bad conduct discharge from the Air Force. Any of those factors would have denied him guns.

The Air Force admitted that it failed to forward that critical information to the instant background check system.

The FBI database is only as good as its inputs. It is dependent on states, localities and mental institutions and federal agencies to forward disqualifying information to the bureau.

Sessions said in his memo that the database “is critically important to protecting the American public from firearms-related violence.”

“It is, however, only as reliable and robust as the information that federal, state, local and tribal government entities make available to it,” the Attorney General added.

No, the database is not “critically important to protecting the America public.”

What’s important is government fulfilling its role in punishing evildoers!  This is something they consistently fail in doing.

For rulers are not a cause of fear to good conduct, but to evil. Do you wish to have no fear of authority? Then do what is good and you will receive approval from it, for it is a servant of God for your good. But if you do evil, be afraid, for it does not bear the sword without purpose; it is the servant of God to inflict wrath on the evildoer.  Therefore, it is necessary to be subject not only because of the wrath but also because of conscience. Romans 13:3-5

Our forefathers understood God’s law and implemented that law into our state laws.  Just take a look at the issue of sodomy here, for example.

If those in government were performing their God-given duty as a minister of God against evildoers (Romans 13:1-5), then we would have no need of a background check, forms or any of these ridiculous, unconstitutional agencies like the ATF because violent criminals would be put down, permanently, via the death penalty.

But wicked government doesn’t do that.  It seeks to meddle in things it has no business in like Voter ID, drugs, gun rights, free speech, states’ rights, and more rather than punish evildoers.

One last question I’ll ask:  Given the fact that the ATF has a questionable history with Fast and Furious gun running, which was illegal and unconstitutional, along with the fact that they have been reported in garnering the records of gun purchases from gun dealers without a warrant, why can we not hold the ATF responsible for every single murder that occurred to Mexicans, border patrol agents and other individuals?

Oh, one more question, since the FBI obviously has a database, I ask, is it just a database that says “yes” or “no” to an individual for a gun purchase or do they keep a record of what kind of gun and what the serial number of that gun is that they approved?  If they do so, are they not then violating their own pretended legislation in keeping a gun database?

The Second Amendment is clear.

We don’t need a background check.

We don’t need ATF.

We need good, law-abiding citizens arming themselves against criminals both abroad and in our own government, and we need government to do its job, which is bringing justice upon evildoers rather than promoting their crimes, overlooking them or merely ignoring them.

If you’re looking for someone to prosecute Mr. Sessions, why not look no further than the usurper in chief and his minion Joe Biden, along with former Attorney General and gun running AG Eric Holder, in this matter?

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