Explore The NRA Universe Of Websites

APPEARS IN News

More Laws for Government to Ignore?

Monday, March 22, 2021

More Laws for Government to Ignore?

We’ve been saying for years—decades, to be honest—that America does not need any more restrictions on firearms to combat violent criminals who misuse guns; we simply need to enforce the laws that are already on the books. Our argument has always been that passing new laws will only affect the otherwise law-abiding, responsible gun owners the anti-gun crowd keeps claiming support their “sensible” proposals.

Violent criminals will always ignore gun laws, just as they ignore the myriad other laws that make them violent criminals.

But it seems these criminals are not the only ones who ignore gun laws. So does the federal government, according to President Biden. If you don’t believe us, just listen to what he actually said.

“And to your point, Mr. Baker, regarding the lack of prosecutions on lying on Form 4473s, we simply don’t have the time or manpower to prosecute everybody who lies on a form, that checks a wrong box, that answers a question inaccurately.”

Biden said this in 2013, back when he was President Obama’s vice president, and he was speaking to former NRA-ILA Executive Director Jim Baker, who was serving as NRA-ILA Director of Federal Affairs at the time.

This statement was made by Biden during an Obama-administration meeting as part of its then-promotion of a raft of new gun laws. NRA had agreed to attend the PR event to explain its position, and Biden’s response came after Baker had just pointed out, as we have pointed out many times before and since, that new laws are not what America needs.

Clearly, the Obama/Biden team was not interested in enforcing existing laws, only in passing new ones.

Of course, we’re not saying that anyone who gets denied a firearm purchase through NICS should be prosecuted, as the system is far from perfect and results in a number of false denials. Also, some prohibited individuals, especially those with old or obscure convictions, might not even realize that they are legally prohibited from purchasing a firearm.

You see, when people try to buy a firearm through a Federal Firearms Licensee (FFL), or what most simply call a gun store, they fill out a federal form (Form 4473), and are then vetted through the National Instant Criminal Background Check System (NICS) to determine if they are prohibited under federal law from purchasing a firearm.

If you fill out the form accurately, and you are actually prohibited from purchasing a firearm, the form will tell you so. Even if you do not realize it, the dealer will usually look over the form, and if there is anything on the form indicating you are prohibited, the dealer will inform you. Dealers don’t want to waste their time contacting NICS if they know the contact will result in a denial. The call to NICS is really to determine if the person who filled out the form has lied about their legal status, which violates federal law.

After NICS has been contacted, roughly 1% of the millions of NICS checks run each year result in denials. Last year, there were nearly 40 million checks run, although that number was well above normal, so let’s look at prior years to put this into some perspective. Before 2020, the number of annual checks averaged about 25 million, so there was an average of about 250,000 denials each year. If a denial is legitimate, then that likely constitutes a federal crime, as the form filled out probably claimed the purchaser was not prohibited.

While not all NICS checks relate specifically to a firearm transfer, the vast majority do.

Now, we know that quite a few of those denials are errors, as countless people have appealed their initial denial and been later approved. But, many individuals incorrectly denied may never appeal, so we do not know the total “false positive” rate for NICS.

In addition, many people who try to buy a gun but are prohibited from doing so by law likely have no idea they are in such a position; especially considering anti-gun extremists are constantly working to expand the list of prohibited individuals.

It’s easy to imagine a 60-year-old who wants to purchase a gun being denied because they committed an illegal act in their 20s that was not a prohibitive offense, but the offense now disqualifies them from making a lawful purchase.

Similarly, there are likely some who have been convicted of committing prohibitive offenses but were never told their offense meant they could no longer lawfully purchase a firearm. Many prohibitive offenses, after all, are crimes that are not violent—think tax violations and other financial crimes—so it is not at all inconceivable that many would not consider such violations to be reason for infringing on someone’s rights protected under the Second Amendment.

With that in mind, there are certainly those who knowingly try to violate the law. Even if you exclude all the NICS denials that are errors, and the ones that are for people who did not know they were prohibited, there are still likely several thousand individuals who are career criminals who, every year, knowingly try to make an illegal purchase in the hope that they could beat the system. Remember, these are actual criminals, and are knowingly attempting to get around the law.

Getting career criminals off the streets, especially those who are clearly identified as breaking the law by trying to unlawfully acquire a firearm, should be a priority for all law enforcement. They’ve even made the job of investigating their criminal activities much easier, as they have literally told the government they are trying to commit yet another crime.

Shouldn’t the federal government investigate these crimes? According to 2013 Joe Biden, the answer is “No.”

Today, things are not much different. Biden, now as president, is again pushing a raft of new gun laws. Included in this latest round of assaults on the Second Amendment are attempts to again expand the list of people prohibited from purchasing firearms, expand the list of firearm transfers that are subject to being run through NICS to include virtually all transfers—under the guise of “universal” background checks—and allow unelected government bureaucrats to wipe out the “instant” in NICS with the power to arbitrarily delay and prevent lawful firearm transfers indefinitely.

But if Biden wasn’t interested in having the federal government investigate and prosecute career criminals who tried to illegally acquire firearms in 2013, it’s unlikely he’s interested in doing so in 2021.

In other words, Biden’s goal of expanding the list of prohibited persons, expanding the scope of NICS to cover private transfers, and allowing indefinite delays on NICS-subject transfers has nothing to do with stopping violent criminals. It is all about expanding the scope of federal authority, and advancing his agenda of diminishing the Second Amendment to the point of irrelevance.

To be clear, the expansion of NICS to all firearm transfers (even temporary loans) will do nothing to deter violent criminals from being violent criminals, but it will lay the foundation for yet more federal expansion of gun restrictions. Specifically, mandatory registration of all firearms and firearm owners. After all, there is no way to “ensure” private transfers of firearms are run through NICS without knowing who currently has which guns.

Again, if Biden and the anti-gun extremists were serious about addressing violent crime in America that involves firearms, they would drop their efforts to expand their control that will only impact law-abiding gun owners, and focus on going after career criminals who have proven they don’t care about local, state, or federal restrictions on their violent, criminal activities.

Drop the façade of promoting more “reasonable” gun control and enforce the laws already on the books that can be used against these predators.

The U.S. House of Representatives, under the iron fist of Speaker Nancy Pelosi (D-CA), passed the first two bills that Biden hopes will help him to end the Second Amendment. These bills, H.R 8 and H.R. 1446, may soon be taken up by the U.S. Senate, so NRA members and other freedom-loving Americans should take action by contacting their senators, and asking them politely, but firmly, to stop these attacks on law-abiding gun owners, and focus on actually prosecuting violent criminals.

IN THIS ARTICLE
gun control
TRENDING NOW
U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

ATF Invites FFLs Zeroed Out Under Biden-Harris to Reapply

News  

Tuesday, May 27, 2025

ATF Invites FFLs Zeroed Out Under Biden-Harris to Reapply

Among all the infringements of the Second Amendment perpetrated by the Biden-Harris regime, one of the most punitive and consequential was ATF’s “zero tolerance” enforcement policy for Federal Firearms Licensees (FFLs). 

U.S. Representative Suggests TRIPLING ($600) Suppressor Tax!

News  

Tuesday, May 27, 2025

U.S. Representative Suggests TRIPLING ($600) Suppressor Tax!

Excellent news for gun owners came last week when the U.S. House of Representatives passed President Donald Trump's One Big Beautiful Bill, which includes the complete removal of suppressors from the National Firearms Act (NFA). 

Twenty-four State Attorneys General Urge Congress to Pass H.R. 38

News  

Monday, June 2, 2025

Twenty-four State Attorneys General Urge Congress to Pass H.R. 38

On May 21, two dozen state attorneys general sent a letter to the leadership of the U.S. House of Representatives, urging that body to pass H.R. 38, the Constitutional Concealed Carry Reciprocity Act.

Loot Canal: U.S. Taxpayers Funded Bizarre Dental “Gun Violence” Research

News  

Monday, June 2, 2025

Loot Canal: U.S. Taxpayers Funded Bizarre Dental “Gun Violence” Research

When the Biden-Harris administration made clear they intended to use a “whole-of-government” approach to suppress Second Amendment rights, few could have predicted their efforts would extend all the way to the dentist’s office.

Australia’s Gun Laws, Failing in Different Ways

News  

Monday, June 2, 2025

Australia’s Gun Laws, Failing in Different Ways

Everything is relative, so the saying goes, which means that once in a while, it’s instructive to read about the gun laws and the state of gun rights in other countries. 

NRA-ILA Petitions the U.S. Supreme Court to Hear Challenge to NFA Restrictions on Short-Barreled Rifles

News  

Second Amendment  

Friday, June 6, 2025

NRA-ILA Petitions the U.S. Supreme Court to Hear Challenge to NFA Restrictions on Short-Barreled Rifles

Today, the National Rifle Association Institute for Legislative Action (NRA-ILA) filed a Petition for Certiorari requesting that the U.S. Supreme Court hear a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles ...

NRA Files Amicus Brief in Challenge to Machinegun Possession Ban

Wednesday, June 4, 2025

NRA Files Amicus Brief in Challenge to Machinegun Possession Ban

Yesterday, the National Rifle Association, Firearms Policy Coalition, and FPC Action Foundation filed an amicus brief arguing that the federal prohibition on machinegun possession is unconstitutional as applied to the defendant in the Fifth Circuit case, United States ...

ATF Updates “Brady Permit Chart,” Reduces Need for Redundant NICS Checks

News  

Monday, June 2, 2025

ATF Updates “Brady Permit Chart,” Reduces Need for Redundant NICS Checks

We have been reporting on recent reforms by ATF to make its operations more transparent, professional, and public safety focused and less openly hostile to law abiding gun owners and the industries that serve them. 

Anti-gun Shakedown Machine Now Targets Toy Gun Sellers

News  

Monday, June 2, 2025

Anti-gun Shakedown Machine Now Targets Toy Gun Sellers

The pro-Second Amendment community understands that guns are not toys.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.