Doesn't pass the sniff test
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https://www.nationalreview.com/2021/03/the-case-for-prosecuting-hunter-biden/
Charles C. W. Cooke had a post this week that said everything that ought to be said about why it would be fitting to prosecute Hunter Biden’s apparent making of a false statement on the required firearms application form. I want to add a few points about prosecutorial discretion, the potential of an additional gun crime, and our two-tiered justice system.
The Politico story Charlie cites stresses that prosecutions arising out of false statements on Form 4473 are rare. As Charlie rightly observes, that in itself is a problem (a point Kevin D. Williamson also made a few days ago). Still, it is worth widening the lens beyond the narrow false-statements provision in the gun laws because the government actually prosecutes false statements all the time.
There is a general false-statements statute (Section 1001 of the penal code) which can be applied any time someone makes a false statement, including a material omission, to some branch, department, or agency of the federal government. Then there are false statements charges that apply to particular subject-matter areas, such as firearms or taxes. Hence, we have Section 922(a)(6), which, as Charlie explained, applies to false statements made in connection with the acquisition or attempted acquisition of a firearm.
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... the federal gun laws, Section 922(g)(6), makes it a ten-year felony for a person to possess a firearm if he “has been discharged from the armed forces under dishonorable conditions.” Technically, Hunter’s administrative separation probably spares him that status. Nevertheless, for a prosecutor responsible for exercising discretion regarding whether Hunter Biden should be charged with making a false statement, it would weigh heavily that a) he actually got a gun due to the false statement, b) the gun was temporarily lost because of the negligent way in which it was kept, and c) his mere receipt and possession of the gun (indeed, of even the ammunition, apart from the gun) was likely a separate felony offense under at least one other provision of the gun laws. -
Seems weird to get excited about this while not being excited about the ability to buy a gun at a gun show without an ID or background check.
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@taiwan_girl said in Doesn't pass the sniff test:
Seems weird to get excited about this while not being excited about the ability to buy a gun at a gun show without an ID or background check.
The ID thing is a bit much, I grant you, but I can buy many items just as dangerous as a gun without a background check...
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@taiwan_girl said in Doesn't pass the sniff test:
Seems weird to get excited about this while not being excited about the ability to buy a gun at a gun show without an ID or background check.
Since when can you buy a gun from a dealer at a gunshow without ID and a NICS?
Always remember, Operation Valkyrie was an act of sedition.
Warning: I post things that interest me. Read and comment at your own discretion. -
@jolly private sales
“Under federal law, for commercial sales of firearms – sales by gun stores and other FFL – the seller must perform a background check of the buyer, and record the sale, regardless of whether the sale takes place at the seller's regular place of business or at a gun show. Firearm sales between private individuals – that is, sales in the "secondary market" – are exempt from these requirements. For private sales, any person may sell a firearm to an unlicensed resident of the same state as long as they do not know or do not have reasonable cause to believe the purchaser is prohibited from receiving or possessing firearms under federal law.[3][4][5]”
My understanding is that not every person at a gun show is a dealer. There are a lot of private sales at gun shows. I could be wrong. Gun sales is an area I do not know that much about.
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@taiwan_girl said in Doesn't pass the sniff test:
@jolly private sales
“Under federal law, for commercial sales of firearms – sales by gun stores and other FFL – the seller must perform a background check of the buyer, and record the sale, regardless of whether the sale takes place at the seller's regular place of business or at a gun show. Firearm sales between private individuals – that is, sales in the "secondary market" – are exempt from these requirements. For private sales, any person may sell a firearm to an unlicensed resident of the same state as long as they do not know or do not have reasonable cause to believe the purchaser is prohibited from receiving or possessing firearms under federal law.[3][4][5]”
My understanding is that not every person at a gun show is a dealer. There are a lot of private sales at gun shows. I could be wrong. Gun sales is an area I do not know that much about.
I was a firearms dealer for twenty years. Gun sales is an area I know a smidgen about.
What would you like to know?
Always remember, Operation Valkyrie was an act of sedition.
Warning: I post things that interest me. Read and comment at your own discretion. -
@jolly said in Doesn't pass the sniff test:
What would you like to know?
Are there non-dealers at gun shows who sell guns?
If so, do they all require an ID and background check?
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@taiwan_girl said in Doesn't pass the sniff test:
@jolly said in Doesn't pass the sniff test:
What would you like to know?
Are there non-dealers at gun shows who sell guns?
If so, do they all require an ID and background check?
There are private deals that happen at gun shows, usually in the parking lot. Or maybe later, at an individual's home. That's intrastate commerce and impossible to regulate, unless there are state laws requiring such. And then, it's still impossible to regulate.
There are no dealers at gun shows selling guns without completing a 4473 and a NICS.
Always remember, Operation Valkyrie was an act of sedition.
Warning: I post things that interest me. Read and comment at your own discretion. -
@jolly But, I have hear that anywhere from 25-40% of gun sales are private.
But, goes back to the original post - seems like a lot of focus on one guy who (may have) lied on his gun application and not enough focus on the 25-40% of people who buy guns with no ID or background check.
Are they equally as bad or is one worse than the other?
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@taiwan_girl said in Doesn't pass the sniff test:
@jolly But, I have hear that anywhere from 25-40% of gun sales are private.
But, goes back to the original post - seems like a lot of focus on one guy who (may have) lied on his gun application and not enough focus on the 25-40% of people who buy guns with no ID or background check.
Are they equally as bad or is one worse than the other?
Why is a private sale bad?
Always remember, Operation Valkyrie was an act of sedition.
Warning: I post things that interest me. Read and comment at your own discretion. -
@taiwan_girl said in Doesn't pass the sniff test:
a lot of focus on one guy who (may have) lied on his gun application and not enough focus
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That's a felony. You or I would go to prison. Your argument is similar to "a lot of focus on one drunk driver while ignoring all the other drivers who speed."
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Why was the Secret Service involved. This is under the jurisdiction of BATFE, isn't it? This, to me, is the interesting question.
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Link to video
Go to 1:10.
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This post is deleted!
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@jolly said in Doesn't pass the sniff test:
@taiwan_girl said in Doesn't pass the sniff test:
@jolly But, I have hear that anywhere from 25-40% of gun sales are private.
But, goes back to the original post - seems like a lot of focus on one guy who (may have) lied on his gun application and not enough focus on the 25-40% of people who buy guns with no ID or background check.
Are they equally as bad or is one worse than the other?
Why is a private sale bad?
I dont think private sales are bad. Just wondering why they are treated differently public sales in terms of research and background required by the seller.
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@taiwan_girl said in Doesn't pass the sniff test:
@jolly said in Doesn't pass the sniff test:
@taiwan_girl said in Doesn't pass the sniff test:
@jolly But, I have hear that anywhere from 25-40% of gun sales are private.
But, goes back to the original post - seems like a lot of focus on one guy who (may have) lied on his gun application and not enough focus on the 25-40% of people who buy guns with no ID or background check.
Are they equally as bad or is one worse than the other?
Why is a private sale bad?
I dont think private sales are bad. Just wondering why they are treated differently public sales in terms of research and background required by the seller.
How would you enforce the research and background check on a private sale?
Always remember, Operation Valkyrie was an act of sedition.
Warning: I post things that interest me. Read and comment at your own discretion. -
@jolly said in Doesn't pass the sniff test:
@taiwan_girl said in Doesn't pass the sniff test:
@jolly said in Doesn't pass the sniff test:
@taiwan_girl said in Doesn't pass the sniff test:
@jolly But, I have hear that anywhere from 25-40% of gun sales are private.
But, goes back to the original post - seems like a lot of focus on one guy who (may have) lied on his gun application and not enough focus on the 25-40% of people who buy guns with no ID or background check.
Are they equally as bad or is one worse than the other?
Why is a private sale bad?
I dont think private sales are bad. Just wondering why they are treated differently public sales in terms of research and background required by the seller.
How would you enforce the research and background check on a private sale?
I have no idea. I am sure there is some method possible (maybe when you buy bullets, you have to have a check on you (I am guessing much less private sales of bullets than guns), maybe some type of free renewable license for guns (like a car license), etc)
I dont know but seems kind of weird that this happens in such large quantities. Imagine if 25-40% of people wanted to vote with no check on them!!
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@taiwan_girl said in Doesn't pass the sniff test:
@jolly said in Doesn't pass the sniff test:
@taiwan_girl said in Doesn't pass the sniff test:
@jolly said in Doesn't pass the sniff test:
@taiwan_girl said in Doesn't pass the sniff test:
@jolly But, I have hear that anywhere from 25-40% of gun sales are private.
But, goes back to the original post - seems like a lot of focus on one guy who (may have) lied on his gun application and not enough focus on the 25-40% of people who buy guns with no ID or background check.
Are they equally as bad or is one worse than the other?
Why is a private sale bad?
I dont think private sales are bad. Just wondering why they are treated differently public sales in terms of research and background required by the seller.
How would you enforce the research and background check on a private sale?
I have no idea. I am sure there is some method possible (maybe when you buy bullets, you have to have a check on you (I am guessing much less private sales of bullets than guns), maybe some type of free renewable license for guns (like a car license), etc)
I dont know but seems kind of weird that this happens in such large quantities. Imagine if 25-40% of people wanted to vote with no check on them!!
It's a private sale between two individuals. Try selling a pair of your shoes to your neighbor, but mandate a government background check.
Nobody is going to do that.
