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PDF Editor FAQ

Does a firearms background check include mental health records?

So to buy from any FFL in any state any gun type no matter where that FFL is you have to do a Federal Form 4473 https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download . Notice question 11f, now remember to lie on this form is a felony. Then along with that is the FBI NICS background check National Instant Criminal Background Check System (NICS). Reasons you can fail that and the FFL wont sell to you are.Convicted of a felonyConvicted in any court of a crime which is punishable by a term of more than one year or a misdemeanor punishable by more than two years. This is the number one reason why requests for firearm transfers are denied.Indicted for a crime punishable by more than one yearA fugitive from justiceA user of illegal drugs or an addictInvoluntarily committed to a mental institutionAn illegal alienDishonorably discharged from the armed forcesRenounced your U.S. citizenshipSubject to a restraining order for threatening a family memberConvicted of domestic violenceUnder an indictment, but not convicted, of a crime carrying a possible year-long prison sentenceNew is always an FFL.Of course in any state online can only go to an FFL, in 9 states private sales have to go through an FFL. In the other states the seller could still decide to go through an FFL these are the private seller gun laws Private Gun Sale Laws by State - FindLawNow most gun owners have more then one gun and they went through an FFL on at least one of them.But the NICS is only as good as the information put in it. We all saw when the Airforce did not put in the information for the Texas Church Shooter which would of made him fail, the Military added like 4000 to correct that. Now some states have more, like the Thousand Oak Shooter that legally bought his gun in California had to go through the above plus the dealer did a dealer record of sale which he signed and put his right thumbprint on which went to the DOJ for approval well he waited his 10 days.The number one thing that needs to improve on the NICS system is on the ones that fail the officials need to investigate more then the 1–3% they do now. Even of that small number the ones that are found guilty generally plea bargain it away, that plea bargain option needs to go away.All anti gun people are doing with their ban, limit and confiscate stuff is have people get guns illegally, face it the blackmarket shall always be there. Removing any possibility the NICS check shall find anything.

Would background checks really take that much money out of the NRA and gun manufacturers’ pockets? Why are they so vehemently opposed to them?

Washington the state I live in, Oregon and California are three of the states where any transfer of a firearm must go through an FFL, who must conduct a NICS background check. Washington and Oregon are also two of the top states for gun crimes. The Gilmore shooter passed a background check in Nevada before illegally transporting the firearm with himself into California to commit his crime. The Odessa shooter was apparently stopped from buying a firearm by a failed background check, then went on to purchase a firearm from a private party who was making unserialized firearms. So let’s review it didn’t stop the Gilmore shooter, nor did it stop the Odessa Shooter.The first was almost certainly a data failure, information that would have made him a prohibited person was never entered. The second was an implementation failure. The system worked to prevent one person from purchasing a firearm in one place but left him free to seek a firearm elsewhere in spite of the fact he had just committed two federal felonies one by seeking to buy a firearm knowing he was a prohibited person, and one by giving false information on the ATF Form 4473.These are just two fairly recent examples, crimes that could have been prevented if the background check system in place worked it hasn’t. It has failed at the front end to keep criminals who fail background checks from getting firearms elsewhere, and it has failed at the back end to keep its data complete and up to date. We oppose laws that increase the burden on gun owners and on the background check system when the system already shows grave systemic problems.Additionally, regarding the gun manufacturers. Their income is on sales of new guns, guns which already in all 50 states require a background check. Expanding the system to require background checks on private sales would be used guns which do not impact the manufacturers. fun fact; a person who is not an FFL cannot purchase or receive a new firearm shipped from the manufacturer. fun fact 2; while it is legal in most of the states to purchase an incomplete lower in order to manufacture your own firearm, those cannot be legally transferred under federal law.

Why are cops either not prosecuted or given light sentences for blatant murders caught on video?

“Why are cops either not prosecuted or given light sentences for blatant murders caught on video?”…and the attached comment:“Oscar Grant is one victim that comes to mind.”The man who shot Oscar Grant, former Officer Johannes Mehserle, was convicted of involuntary manslaughter, a charge which usually requires that the State prove that one person kills another unintentionally, eitherwhile committing a crime that is not an inherently dangerous California felony, ORwhile committing a lawful act which might produce death, without due caution.In Grant’s particular case, Mehserle was engaged in a lawful act — stopping and attempting to arrest Grant, who had been involved in an altercation on the BART — when he shot Grant. By all apparent witness statements, videos, other evidence, and Mehserle’s own testimony, it was accidental. Mehserle had apparently intended to use his Taser on Grant, but mistakenly drew his pistol and shot him instead.* Accidentally killing someone is not “blatant murder,” but does fit the criteria for manslaughter — officers (everyone, actually) must use due caution when carrying or deciding to use a firearm.Similarly, many other deaths which the general public may label “blatant murder” actually aren’t “murder.”In practically all these cases, what the general public sees from media outlets and social media is rarely a complete picture of what happened during an incident. When these cases are brought before a judge or jury, there is a lot more information provided and some of that information may be enough to form an opinion of “not guilty” of a particular crime being alleged.In many cases, the officer is charged, convicted, and given a sentence which is commensurate with other sentences involving similar people and situations. For instance, former SC trooper Sean Groubert was convicted of “assault and battery of a high and aggravated nature” for the shooting of Levar Jones and sentenced to 20 years in prison. However, Groubert was given credit for the 17 months he spent in jail while awaiting trial, which is very common for anyone convicted and sentenced to prison. Groubert will spend about three additional years in prison before being eligible for parole. Again, this is the same standard for anyone sentenced to prison.Walter Scott’s shooter, former Charleston officer Michael Slager, was also sentenced to 20 years in prison for Scott’s death. That sentence was the result of a plea bargain after the first trial ended in a hung jury. Again, this is relatively common in many trials, not just police officers’ trials.In short, the reason that many police officers aren’t convicted of “blatant murder” is that they are afforded the same rights as every other person in the US — to be considered innocent until proven guilty beyond a reasonable doubt by a jury of their peers.*Many experts attribute the Grant shooting to Mehserle’s “muscle memory” involved in drawing and firing his pistol, as the Taser was holstered on the same side as his pistol. This incident led directly to a change in Taser training, with officers being strongly encouraged to carry the Taser in a “cross-draw” position to reduce the chance of accidentally drawing the pistol instead of the Taser.

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