Convicted Felons and Denial in Gun Background Checks: Legal Implications and Challenges

When a convicted felon attempts to purchase a firearm and is denied due to a failed background check, the potential legal ramifications and challenges often become the subject of public and legal scrutiny. However, the reality is often more nuanced than such generalizations might suggest. This article delves into the complexities surrounding such situations, examining the legal stance and practical implications for both the individual and legal authorities.

Legal Implications for Convicted Felons

Anyone placed in the official underclass of prohibited persons, whether rightly or wrongly, can still face serious legal consequences if they attempt to acquire a firearm through a background check. For instance, if a person named John William Walker (JWW) tries to buy a gun and is denied, he can inaccurately be labeled as a prohibited person. However, this does not mean that either John or the potential felon (JWW) can be charged under specific circumstances.

Disproving Identity and Avoiding Charges

One significant challenge in such scenarios is proving identity. If your name is John William Walker, but you are not the felon, the denial is often due to the system flagging your name. In many cases, this flag is based on a prior conviction, and there is no explicit wrongdoing on behalf of either individual.

The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has the authority to take action following a false identification. However, on numerous occasions, the ATF and other law enforcement agencies do not pursue charges against the innocent party. This non-action can be attributed to the overwhelming backlog of cases and the limited resources available for such pursuits.

For those on parole, especially in states like Missouri, where modern firearms are prohibited, alternatives such as antique or muzzle-loading firearms might be legal options. Such variations do not nullify the general principle of background checks and legal purchasing, but they provide a break in the strict application of firearm restrictions.

How Background Checks Function

The Federal Bureau of Investigation (FBI) National Instant Criminal Background Check System (NICS) screen potential gun buyers against a list of prohibited persons. The criteria for denial include:

Convicted in any court of a crime punishable by imprisonment for a term exceeding one year Fugitive from justice Unlawful user of or addicted to any controlled substance Adjudicated as a mental defective or committed to a mental institution Alien illegally or unlawfully in the United States or admitted under a non-immigrant visa Discharged from the Armed Forces under dishonorable conditions Renounced U.S. citizenship Subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner Misdemeanor crime of domestic violence Under indictment for a crime punishable by imprisonment for a term exceeding one year

Upon denial, the system does not automatically attempt to charge the individual, unless there is additional evidence or a specific investigation. In most cases, the denial itself is the outcome, and any further legal steps are discretionary and not guaranteed.

Legal Ramifications of False Denial

Providing false information on the federal form 4473 to obtain a firearm can be a felony. Failing to disclose a prior conviction can be punishable by up to 10 years in jail and a fine up to $250,000.00. This gives law enforcement the ability to pursue criminal charges against anyone who attempts to circumvent the background check process, even if it is unintentional.

However, despite the potential for serious charges, the actual reporting and investigation of such cases is rare. Out of those who fail the FBI NICS check, only 1–3% are ever investigated, and the vast majority of charges, if they occur, tend to result in plea agreements. This low rate of prosecution highlights the inefficiencies and resource constraints in the current system.

Conclusion

While the denial of firearm acquisition due to a failure in a background check for a convicted felon can lead to significant legal uncertainty, the actual legal ramifications are often minimal. The current system faces numerous challenges, from the complexity of identity verification to the resources available for investigating false denials. As such, it is crucial to approach these scenarios with a nuanced understanding of legal procedures and potential outcomes.

For individuals in similar predicaments, it is advisable to seek legal counsel to navigate the complexities of firearm laws and background checks. Additionally, understanding the criteria for denial and the potential legal actions that can be taken can help in making informed decisions and avoiding unintentional violations.