When you are a DA, one of the things that makes you look good is conviction rate. it generally doesn’t matter the case makeup, you just need to have a good rate. Over the last decade or so that has changed a little bit, with the position becoming more and more political. Now what makes you stand out, if you are a democrat, are prosecuting gun cases. The more rabid blue the state, the more frivolous the case can be. There was the case in NYC where a single mom with a squeaky clean history and a Concealed Carry permit from her home state didn’t realize that it isn’t recognized in other states like a drivers license. She then asked a local cop if there was a place to lock up her gun and they promptly arrested her. the DA, who could have just dismissed the case with a warning, wanted to try her and sentence her to 3-5 YEARS. There was another one where a New jersey doctor was facing jail time for having ONE shotgun shell in his trunk.
But I digress and that isn’t the point I am trying to make here. A common theme at least espoused by gun control groups is that we need to keep guns out of criminal’s hands. OK, on that point you would get a lot of agreement. it is how you go about achieving those results that everyone differs greatly. Pro gun people (like me) think that if we just enforced current laws more, there would be a noticeable improvement without trampling on legal gun owner’s rights. One of those laws that I feel need to be enforced more vigorously is that against ‘straw purchasing’.
When you go to purchase a gun you need to fill out a Federal form called a Form 4473. On that form one of the questions you fill out is that you are purchasing the gun for yourself and not for a person who would otherwise be prohibited. A neat bit of information is that lying in this form is a Felony and can make you ineligible to legally own a firearm. Straw purchasing is when the girlfriend of a gangbanger goes and buys 2 or 3 guns and then gives them to her boo who isn’t supposed to legally have them. Shwe committed a felony and can be prosecuted for that. it is an easy case to try, as most stores have video evidence of you filling out the form, plus you have the form and when you get caught, it should be a slam-dunk. But they are not prosecuted. Why?
Most DAs will try and say that they have limited budgets and can’t spend the time and money. That is a cop-out answer. These cases would take minimal time with all the evidence already there and since they are always screaming about gun safety, it would help eliminate one more person from feeding the pipeline of guns to prohibited persons. You would think anti’s would like that, wouldn’t you? Judging by records you would be wrong. From the attached link “Of those tens of thousands of purchase attempts, the ATF referred fewer than 600 to federal prosecutors between 2008 and 2015. U.S. attorney’s offices then whittled that number down further, considering 254 cases, or an average of 32 a year, for possible prosecution, according to the most recently available statistics compiled by the Justice Department’s inspector general.”
So why is it that these don’t get tried? Is it because arresting the straw purchaser isn’t ‘sexy’ enough for their records? Is it because a majority of these happen in minority communities and they are worried about the enforcement looking racial? Is it because they really don’t care about gun safety at all and a few more gun deaths might lead to bigger bans down the road? I don’t know but I seriously think this needs to be addresses. When I read things like this” Mr. Neeley also hit a dead end with New York state prosecutors. They said the case was worthy of prosecution, but they didn’t have funds to send investigators to Colorado and bring the man back to New York, Mr. Neeley recalled.” it makes me wonder wft they are spending the money on. 1 round trip ticket and one one way ticket shouldn’t cost that much for a slam dunk win and criminal off the street. The lawyer and cops are being paid already for their time.