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The Range
Law & Order
A Law to Enforce the Law?---Taking another shot to "Fix NICS"
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<blockquote data-quote="Fyrtwuck" data-source="post: 3056900" data-attributes="member: 23"><p>The article about felons going free doesn’t surprise me.</p><p></p><p>When the Brady Checks first started the responsibility of the background checks were given to the police departments where the applicants were residing. Later on they got the computer systems up and running with what dealers have in use today.</p><p></p><p>The Chief for the small city I worked for at the time called me into the office (because I was the department gun nut) and gave me the additional duty of those background checks. I had to complete a State and Federal criminal history check and if I found no felony convictions, they were to be approved. I had five days to complete a background check and contact the dealer with an approval or denial. Most took about fifteen minutes unless I was working on something else at the time. If there was no reply from me to the dealer after five days, it was automatically approved. My instructions also included that all paperwork unless denied be destroyed after completion. </p><p></p><p>When the Brady checks started, I had a few every month who were denied because of felony convictions. I was told the procedure in the event of a denial was to contact the local ATF since making false statements on the 4473 was a felony by itself. I faxed several denials over to the ATF and it wasn’t long before they were calling me back.</p><p></p><p>The Agent told me not to send anymore because they couldn’t do anything about it. I asked why. He told me that there had been a court case where it was claimed that the question on the 4473, “have you ever been convicted of a felony” was a violation of the 5th amendment and the person who had been charged with answering “no” but in fact was a convicted felon had claimed it was self incrimination and the judge agreed.</p></blockquote><p></p>
[QUOTE="Fyrtwuck, post: 3056900, member: 23"] The article about felons going free doesn’t surprise me. When the Brady Checks first started the responsibility of the background checks were given to the police departments where the applicants were residing. Later on they got the computer systems up and running with what dealers have in use today. The Chief for the small city I worked for at the time called me into the office (because I was the department gun nut) and gave me the additional duty of those background checks. I had to complete a State and Federal criminal history check and if I found no felony convictions, they were to be approved. I had five days to complete a background check and contact the dealer with an approval or denial. Most took about fifteen minutes unless I was working on something else at the time. If there was no reply from me to the dealer after five days, it was automatically approved. My instructions also included that all paperwork unless denied be destroyed after completion. When the Brady checks started, I had a few every month who were denied because of felony convictions. I was told the procedure in the event of a denial was to contact the local ATF since making false statements on the 4473 was a felony by itself. I faxed several denials over to the ATF and it wasn’t long before they were calling me back. The Agent told me not to send anymore because they couldn’t do anything about it. I asked why. He told me that there had been a court case where it was claimed that the question on the 4473, “have you ever been convicted of a felony” was a violation of the 5th amendment and the person who had been charged with answering “no” but in fact was a convicted felon had claimed it was self incrimination and the judge agreed. [/QUOTE]
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