Banned gun buyers beat background checks – and are rarely prosecuted when caught
A convicted felon from Colorado lied about his criminal past while trying to buy guns at two upstate New York stores in 2016.
The man failed the instant background checks and was denied the weapons. Law enforcement was notified because lying on a firearms application is a federal offense, but the man fled back to Colorado before the authorities caught up to him.
Francis Neeley, a 30-year veteran of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, took the case to federal prosecutors in upstate New York, seeking charges and an arrest warrant. The prosecutors declined the case, citing a Department of Justice policy to pursue only the most extreme instances in which someone lies on a federal firearms application, Mr. Neeley said.
Mr. Neeley also hit a dead end with New York state prosecutors. They said the case was worthy of prosecution, but they didn’t have funds to send investigators to Colorado and bring the man back to New York, Mr. Neeley recalled.
The man was never charged for lying on the gun applications, and Mr. Neeley said law enforcement doesn’t even know why he made two attempts to purchase a gun.
“We at the ATF have limited resources, and how much time are we going to invest in a case that isn’t going to be prosecuted?” Mr. Neeley said. “You just pray that this guy doesn’t walk into a place and kill someone with a firearm he gets on the street.”
Nearly 16,000 people in the United States died last year as a result of gun violence, and 6,000 people have been killed so far this year, according to the nonprofit Gun Violence Archive.
Several high-profile school shootings have refocused attention on guns, and those on all sides of the issue say more must be done to keep weapons out of the hands of felons, fugitives, the mentally infirm, those with domestic violence records and illegal immigrants — all of whom are supposed to be flagged by the National Instant Criminal Background Check System and prevented from buying firearms.
But tens of thousands of those people try to buy guns each year. Some are successful, and few are prosecuted.
Of those tens of thousands of purchase attempts, the ATF referred fewer than 600 to federal prosecutors between 2008 and 2015. U.S. attorney’s offices then whittled that number down further, considering 254 cases, or an average of 32 a year, for possible prosecution, according to the most recently available statistics compiled by the Justice Department’s inspector general.
Given the lack of penalties, analysts said, there is no real downside to a banned buyer trying.
Yet lives could be at stake.
A 2008 study funded by the Department of Justice found that people who are denied guns are 28 percent more likely to be arrested in the five years after failing background checks compared with the previous five years.
“This is an important enough issue that it ought to be addressed,” said Philip Hilder, a former federal prosecutor who is now a private-practice lawyer. “If it saves just one person’s life, it’s worth the enforcement.”
Attorney General Jeff Sessions promised a change after the Valentine’s Day school shooting in Parkland, Florida, in which 17 people were killed. He directed U.S. attorneys to prosecute what are known in the business as “lie and try” cases.
The George W. Bush and Obama administrations pledged to crack down on these cases, but those promises did not result in meaningful action.
Charles Rose, a Stetson University law professor and former federal prosecutor, said U.S. attorneys just don’t view lie-and-try as important because, ultimately, the person is denied a gun and the case boils down to lies on government paperwork. Other cases take priority, he said.
https:// www.washingtontimes.com/news/2018/jun/4/banned-gun-buyers-beat-background-checks-are-rarel/