Misdemeanors? NO guns for you!
So here I was in a patrol car...minding my own business. OK, maybe not too much, I was running radar on one of the most scenic highways in America. I counted 3 dead deer on the side of the road from where I was sitting to the Marshals Office. The rut is in full swing here.
I get a call from dispatch. Someone has just tried to buy a gun at one of the local gun shops, and the NICS check that everyone raves about that keeps guns out of the hands of criminals, alerted the FBI to the fact that someone with a misdemeanor warrant warrant on them tried to buy a gun.
I'm thinking...the FBI? Really?
So I go. As I suspected, the middle aged woman was not there. I talked to the owner...well known to me, in fact I had been there earlier in the morn to shoot the breeze.
He's a bit concerned about the situation. He doesn't get "deny" much when he does the NICS check. All he knows is that they wouldn't allow the purchase to take place, in this case a .22 rifle that she wanted to get her husband for Christmas.
I take a look at the 4473. Being a gun dealer myself, I am very familiar with the form. As it turns out, I knew the woman. She has served me many times at the local restaurant, and she is as good a woman as they come.
You've got to be kidding me" I think to myself. She'd be the last person that you would think gets denied. She goes to church every Sunday, heck, she even teaches Sunday school.
Definitely not someone that you would expect to get "denied" on a NICS check.
So I call dispatch and have them run a history on her. Come to find out, she got a speeding ticket and failed to appear at court when she should have and a misdemeanor warrant was issued. To put the misdemeanor in context, we don't ever arrest anyone for that. If you happen to stop them on the highway, you simply advise them of the court date and tell them to be there.
So I go to the restaurant where she works and I talk to her about it. Yeah...she missed the court date alright. She went to another state to visit her sick mom and was under the assumption that she had things taken care of. She had called the Court Clerk and made arrangements to reappear at the next court date which was a month away. For some reason, somebody forgot to follow up with that and when she didn't show, the warrant was issued. Call it miscommunication, bad communication, or maybe in this case , no communication. Call it whatever you want...it doesn't matter.
Now, I'll admit...this is the first time I have ever heard of this. None of our officers have heard of it, our Chief hasn't heard of it...in fact no one that I talked to had ever heard of a misdemeanor for anything tying up a gun transaction.
So all of a sudden, the NICS check is using misdemeanors to deny a gun purchase. Think about it. Jaywalking is a misdemeanor. Throwing bubble gum on the sidewalk is a misdemeanor. In some places farting in public is a misdemeanor.
The fact the the FBI alerted the Local LEO's to gun purchase for a misdemeanor ought to be alarming to most of us. I say most...because some simply do not care that the NICS check system started out as a check to insure that FELONS could not purchase a gun. It was hailed as the latest and greatest technology to come to be..it was meant to "keep us safe" from bad guys that would own guns to use against us.
So here we go. I personally saw it as the camels nose under the tent. I was accused of needing a tin foil hat because I could see this being used and abused by those that hate the idea of using a gun for self defense.Abuse by tyrants that know that there is a limit to the BS that they can get away with as long as you have a means to fight back. I always thought that proving yourself innocent of a crime by passing a background check was not the right way to do things in a country that prides itself on be" innocent until proven guilty". That's the way it is suppose to be anyway. I was always taught that the burden of guilt was on the government to prove...not the other way around which is exactly what a NICS check is. That ought to be obvious for anyone that wasn't pushed through school due to the "no child left behind act" which basically means that you cant fail anyone no matter how stupid they are...that you can still get a high school diploma without actually knowing how to read or write.
Want to buy a gun for Christmas? You'd better make sure that you aren't a "fugitive from justice" or you wont be able to buy it. The NICS check will kick you out...alert the FBI..who will call the local dispatch... who will dispatch the local police to your house to visit you. For a MISDEMEANOR.
For you highly educated types that wanted "change" ...well... now you've got it.