HomePoliticsZERO CONVICTED FELONS PROSECUTED WHO FAILED NV GUN BACKGROUND CHECKS Politics ZERO CONVICTED FELONS PROSECUTED WHO FAILED NV GUN BACKGROUND CHECKS Getty Updated February 26, 2018 As Nevada state leaders start pushing for more gun control laws and more background check laws in next year’s elections, there is a glaring absence of any actual enforcement of our current laws. Specifically, when a convicted felon attempts to purchase a firearm from a gun store and they fail the background check, according to the Department of Public Safety, there is zero follow-up and zero referrals to law enforcement to arrest the prohibited possessors. In Nevada, when a citizen walks into a gun store and attempts to purchase a firearm, the Federal Firearms Licensed Dealer (FFL) requires the purchaser to fill out an Alcohol, Tobacco, and Firearms (ATF) form #4473. The FFL then calls the Nevada Department of Public Safety Firearms background check (records) division who either approves or denies the purchase after running a detailed background check. Even the attempt, by a convicted felon, to purchase a firearm from an FFL is a violation of state and federal laws, according to criminal defense and firearms lawyer Don Greene. Nevada State Law: ATTEMPT TO OWN/POSSES A GUN BY PROHIBIT PERSON IS A FELONY NRS 202.360.1. 18 USC § 922(g): Federal Law prohibits certain individuals from possessing firearms, ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a. $250,000 fine. According to the NV Department of Public Safety public records division: · 2016: 734 backgrounds denied under 18 USC § 922(g)(1) · 2017 year to date: 610 backgrounds denied under 18 USC § 922(g)(1) Total: 1,344 Earlier this week, 360Daily.net sent the Nevada Department of Public Safety Firearms Background Check Division the following request: . What is the procedure the Nevada Department of Safety firearms background check (records) division uses when a convicted felon attempts to purchase a firearm at a gun store and is denied by your office? Do they forward the attempt to any law enforcement agencies? . NV Department of Public Safety public records division responded this week stating: . “When staff denies a firearms transaction for a conviction under Title 18 United States Code § 922(g)(1), staff enters a reason code into our Point of Contact system indicating “Conviction with jail time over 1 year or misdemeanor conviction with jail time over 2 yrs.” This information goes to the FBI’s system, the NICS Indices, to show why the subject was denied. The staff does not notify law enforcement of the attempted purchase as there is no federal or state requirement to do so. “ The revelation that our government is not pursuing convicted felons who attempt to purchase a firearm here in Nevada is shocking and demands action from our state lawmakers. “Staff does not notify law enforcement of the attempted purchase as there is no federal or state requirement to do so.” The FBI runs the gun background check system known as NIC, so they have the names and contact information of all 80,000 people who attempted to purchase a firearm in violation of 18 USC § 922(g)(1) which calls for a ten-year minimum mandatory prison sentence. According to the NRA, out of some 80,000 convicted felons who attempted to purchase firearms last year across the U.S., only 44 were charged and convicted. Don Turner, President of the Nevada Firearms Coalition served Clark County, DA Steve Wolfsen’s with the following Freedom of Information Request: We are seeking information on Clark County prosecutions of prohibited possessors and of those who supply firearms to prohibited possessors. Please consider this letter a formal information of records request (FOIA) for the following information: 1 In 2013 and in 2014 how many prosecutions were made by your office for violations of NRS 202.360? 2. Of these prosecutions how many were successfully prosecuted and what were their sentences? 3. Of these prosecutions how many were dismissed or acquitted? 4. How many firearms were seized and confiscated as a result of these prosecutions? 5. In 2013 and 2014 how many prosecutions were made by your office for violations of NRS 202.362? 6. Of these prosecutions how may were successfully prosecuted and what were their sentences? 7. Of these prosecutions how many were dismissed or acquitted? 8. How many firearms were seized and confiscated as a result of these prosecutions? . Mr. Wolfsen’s formal response listing the charges brought over the 2 years 2013 and 2014 . 550 POSSESSION FIREARM BY ALIEN / MENTALLY ILL F 202.360.2 0550A ATT POSS FIREARM BY ALIEN / MENTALLY ILL F 202.360.2 0550G ATT POSS FIREARM BY ALIEN / MENTALLY ILL G 202.360.2 0550X ATT POSS FIREARM BY ALIEN / MENTALLY ILL-GANG F 202.360.2 0550Z POSS FIREARM BY ALIEN / MENTALLY ILL-GANG F 202.360.2 51460 OWN/POSS GUN BY PROHIBIT PERS F 202.360.1 51461 OWN/POSS GUN BY PROHIBIT PERS, E/CG F 202.360.1 51462 OWN/POSS GUN BY ILLEGAL ALIEN/MNT-ILL PERS F 202.360.2 51501 ATT OWN/POSS GUN BY PROHIBIT PERS F 202.360.1 51502 CONSP OWN/POSS GUN BY PROHIBIT PERS G 202.360.1 51503 ATT OWN/POSS GUN BY ILLEGAL ALIEN/MNT-ILL PERS F 202.360.2 51504 ATT OWN/POSS GUN BY ILLEGAL ALIEN/MNT-ILL PERS G 202.360.2 51505 CONSP OWN/POSS GUN BY ILLEGAL ALIEN/MNT-ILL PERS G 202.360.2 5214 EX-FELON POSSESSION OF FIREARM F 202.36 5214A ATT. EX-FELON POSSESSION OF FIREARM F 202.36 5214B EX-FELON POSSESSION OF FIREARM-CRIMINAL GANG F 202.36 5214C CONSP EX-FELON POSSESSION OF FIREARM G 202.36 5214G EX-FELON POSSESSION OF FIREARM – GANG F 202.36 5223 POSSESSION OF FIREARM BY AN EX-FELON F 202.36 5224 ALIEN/POSSESSION OF FIREARM F 202.36 56853 ATT OWN/POSS GUN BY PROHIBIT PERS, E/CG F 202.360.1 56854 OWN/POSS GUN BY ILLEGAL ALIEN/MNT-ILL PERS, E/CG F 202.360.2 56855 ATT OWN/POSS GUN ILLEGAL ALIEN/MNT-ILL PERS, E/CG F 202.360.2 9992 POSSESSION FIREARM BY PROHIBITED PERSON F 202.360.1 9992A ATTEMPT POSS FIREARM BY PROHIBITED PERSON F 202.36 9992C CONSPIRACY POSS FIREARM BY PROHIBITED PERSON G 202.36 9992G ATTEMPT POSS FIREARM BY PROHIBITED PERSON G 202.36 9992X ATT POSS FIREARM BY PROHIB PERSON – GANG F 202.36 9992Z POSS FIREARM BY PROHIBITED PERSON – GANG F 202.360.1 . Literally, zero prohibited possessors were convicted by DA Steve Wolfson in 2016 while he was out campaigning for Question 1. . Steve Wolfson brought a total of 30 gun-related charges over a two year period, most of which were pled down or dismissed. But Steve Wolfson isn’t the only public official in Nevada to failure to prosecute prohibited possessors. This is a statewide issue that demands action now, not new laws for the public officials to ignore. Why have a firearms background check system to prevent felons from acquiring guns if the government refuses to actually prosecute those convicted felons for breaking the law by attempting to purchase guns? . Rob Lauer Political Reporter 360Daily.net
