Curtis_Lowe wrote:
I want to know why, as it has been alleged, that if a person fails a background check, by say lying about prior felonies or current status, there are no consequences other than not getting that particular gun?
Why is this not a crime requiring prosecution?
It's a felony to falsify Form 4473 when attempting to purchase a gun. However, the reality is that ATF and DoJ prosecute very few, even when there's direct evidence of lying on the form. It's illegal to buy a gun for another individual (i.e. "straw purchase"). There's a line on the 4473 which asks this question. If you t***hfully answer "yes", then the person for whom you buy the gun, must also pass the FBI Instant Background Check.
At gun shows any more, there are strict prohibitions as to "parking lot" sales, avoiding gun show rules. In fact, I've seen the police/sheriffs called on individuals who have tried to skirt the gun show rules. And dealers are not in any hurry to try and skirt ATF rules when selling. The ATF has undercover agents who attend gun shows, and they monitor sales to ensure that ATF-applicable rules are followed. Most dealers can process the 4473 with a laptop computer, getting approval/denial on the spot, else you can fill out the form, and the dealer can call in the form details.
The operators of the gun shows also are real sticklers on folks who bring in firearms to trade or sell. They inspect weapons, and most attach a zip tie to disable the weapon. And dealers will question you, if you present them a firearm for sale or trade if said zip tie is missing.
Now, there are some sales which do not require 4473's. All muzzleloading weapons are exempt, and if a firearm was produced before 1898, those are also exempt, and neither are considered firearms by ATF rules. For instance a Colt revolver, Model 1873, is considered an antique, or relic, if produced pre-1898. The same model revolver, produced in 1899, or newer, must have the form 4473 completed if buying from an ATF-licensed dealer.
Now, in some states, sales between individuals are not subject to ATF approval, so pistol and rifle sales involve cash, no questions asked. The reasoning here is not just the 2nd Amendment; many states recognize that guns are private property, and disposal/purchase is not subject to state review.