Friday, March 17, 2017

More Brady Campaign Nonsense

From their latest mouth foaming hysterical email:
The Department of Justice just removed the names of half a million fugitives from justice from our nation's background check system, against advice from the FBI.
President Trump hasn’t even been in office two months; yet, his administration is now allowing 500,000 people — who just days ago were prohibited purchasers — to buy guns. We’re talking about fugitives and people with mental illnesses so severe they may be a threat to themselves or others. In other words, some of the exact people Brady background checks were designed to block.
Hadn't heard about this one so I looked it up.  To tell you just how disjointed these people are, even Bloomberg's dedicated anti-gun 'media' Trace couldn't spin it as anything more than clearing up some bureaucracy.
Department of Justice officials have settled a long-simmering internal dispute over who qualifies as a “fugitive from justice” when it comes to gun possession — making it possible going forward for some people with outstanding arrest warrants to buy firearms legally....In doing so, the Justice Department effectively sided with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the agency that is responsible for enforcing federal gun laws. The ATF had long argued that language in the Brady Act — the 1993 law that created the federal background check system — requiring federal agents to block gun sales to fugitives should be interpreted to mean people with arrest warrants who have fled across state lines. The FBI, which runs the background check system, had adopted a broader definition, blocking sales to anyone with an outstanding arrest warrant.
How 'longstanding"?  Covering four different administrations, two Democrat, two Republican.
From 1999 to 2015, the agency had refused to track down about 2,000 weapons in cases where the FBI determined after the sale that the purchase should not have been allowed because the buyer qualified as a fugitive under its expanded definition — anyone with an outstanding warrant.
From the ATF:
In an email, an ATF spokesperson cited the federal statutes, which define a fugitive from justice as someone with a warrant who has fled across state lines to avoid prosecution or giving testimony.
Of course the Brady's have to close w/ their trademark stupidity:
93 percent of Americans are with us. The only ones who aren’t are the same number of people who think the moon landing was a hoax, and Donald Trump.
They honestly believe this.

So clearing up some red tape between agencies that has spanned near 20 yrs is all the NRA and Trump's fault.  If you ignore all the facts.

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2 comments:

Legaleagle_45 said...

The statute is very clear.. 18 USC 921(a)(15) The term “fugitive from justice” means any person who has fled from any State to avoid
prosecution for a crime or to avoid giving testimony in any criminal proceeding.

https://www.law.cornell.edu/uscode/pdf/uscode18/lii_usc_TI_18_PA_I_CH_44_SE_921.pdf

It should be noted that anyone who has been charged with a felony is disqualified from purchasing a firearm pursuant to 18 USC 922(d)(1) -- which provides a ban for persons under an indictment for a crime punishable by more than 1 year. Under the definitions in 921 indictment means any indictment or information-- which means any charging instrument filed with a court.

Thus, about the only ones who were impacted by the FBI interpretation were jaywalkers who fails to show up at the court hearing and a judge issued an arrest warrant.

Braden Lynch said...

Winning!

The opposite of course is they are losing and they are losers.