{"id":97696,"date":"2018-09-24T13:35:55","date_gmt":"2018-09-24T17:35:55","guid":{"rendered":"https:\/\/www.gunsamerica.com\/digest\/?p=97696"},"modified":"2018-09-24T13:35:55","modified_gmt":"2023-08-31T18:01:26","slug":"gao-report-feds-prosecutes","status":"publish","type":"post","link":"https:\/\/gunsamerica.com\/digest\/gao-report-feds-prosecutes\/","title":{"rendered":"GAO Report: Feds Prosecute 0.01% of ‘Lie and Try’ Attempted Gun Purchases"},"content":{"rendered":"
\"GAO<\/a>

The feds only prosecuted 12 individuals who were denied a firearms purchase in fiscal year 2017. (Photo: Wikimedia Commons\/Cimmerian Praetor<\/em>)<\/p><\/div>\n

All gun owners recognize the strongly worded warning on ATF Form 4473: providing false or misleading information when purchasing a firearm \u201cis a crime punishable as a felony under Federal law, and may also violate State and\/or local law.\u201d Even if the FBI denies the purchase, anyone caught lying about a past felony conviction or a mental health issue could face thousands of dollars in fines and years in jail.<\/p>\n

But a new report from the Government Accountability Office<\/a> suggests that these \u201clie and try\u201d buyers almost never come under federal prosecution.<\/p>\n

Of the 112,090 firearm purchases the federal government denied in fiscal year 2017, the United States Attorney\u2019s Office (USAO) only decided to prosecute 12. While the ATF investigated 12,710 denials, the USAO says that only 12 of them met their criteria for prosecution.<\/p>\n

Officials from the Executive Office for United States Attorneys told the GAO that prosecuting denial cases can require significant effort and may offer little value to public safety compared to other cases involving gun violence.<\/p>\n

State officials offered similar reasons, telling GAO that denial investigations can take law enforcement officials away from their core duties. State prosecutors also said gathering evidence to prove individuals knew they were prohibited was a challenge.<\/p>\n

\"GAO<\/a>

Ever wonder what happens when a NICS check is denied? (Photo: GAO<\/em>)<\/p><\/div>\n

The GAO report comes just a few months after U.S. Attorney General Jeff Sessions issued a statement<\/a> outlining a plan to \u201cimprove school safety and better enforce existing gun laws.\u201d<\/p>\n

In the statement, Sessions orders federal prosecutors to \u201cswiftly and aggressively prosecute appropriate cases against people who are prohibited from having firearms, and who lie in an attempt to thwart the federal background check system.\u201d<\/p>\n

Gun rights groups have echoed this statement. When asked about the GAO report, Lawrence G. Keane, Senior Vice President and General Counsel for National Shooting Sports Foundation, told GunsAmerica, \u201cNSSF has long supported enforcing the gun laws on the books as the best way to reduce the unlawful acquisition and criminal misuse of firearms.\u201d<\/p>\n

SEE ALSO:\u00a0ATF: Gun Dealers Cannot Transfer Firearms to Genderqueers Who Fail to Check \u2018Male\u2019 or \u2018Female\u2019 on 4473s<\/a><\/h2>\n

Prior to Sessions\u2019 statement, USAO criteria for prosecution included individuals who are violent felons, have an active protection order, or have made multiple attempts to purchase a firearm in the past after being denied, among other offenses.<\/p>\n

Since the statement, about 90 percent of USAOs have coordinated with their respective ATF field divisions to discuss revisions in USAO referral guidelines for standard denial cases, according to the USAO officials interviewed by the GAO.<\/p>\n

The feds aren\u2019t the only law enforcement entity that can prosecute \u201clie and try\u201d cases, of course. Thirteen states process their own NICS background checks for firearms purchases, but the GAO found that 10 of those states do not investigate or prosecute NICS denials (California, Nevada, Utah, Colorado, Illinois, Tennessee, Florida, New Jersey, Connecticut and Hawaii).<\/p>\n

\"GAO<\/a>

While all states use the NICS system, thirteen states process those checks themselves.<\/p><\/div>\n

The three that do prosecute NICS denials, however, prosecute a high percentage, many of which end in either conviction or a plea deal.<\/p>\n