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The Constitution & The Judicial Branch Discuss Murder Suspect Who Sought Gun Shows Risk of New Rule for Fugitives and Background Che at the Political Forums; Originally Posted by saltwn "But in February, the DOJ began requiring that background check screeners only deny gun purchases to ...

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Old 12-13-2017, 09:07 PM
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Default Re: Murder Suspect Who Sought Gun Shows Risk of New Rule for Fugitives and Background

Quote:
Originally Posted by saltwn View Post
"But in February, the DOJ began requiring that background check screeners only deny gun purchases to some people with open arrest warrants — those who had fled across state lines in order to escape justice".
The "new rule" isn't new and the Sessions DoJ didn't create it nor is it a regulatory interpretation . . . It is simply, "the law".

As used in the Gun Control Act (as amended by Brady) , the term "fugitive from justice" has been defined in federal law since the day the Brady Act's ink dried back in 1994, 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."


Fleeing from the state is a requirement in the law. That Obama's DOJ was happily applying "fugitive from justice" to people that had not fled their state is to be expected, ignoring the law and making up their own was NOP.

If you want to be mad that the Sessions DoJ has begun reviewing the actions and practices of government agencies that operate outside the law, and have begun bringing them into compliance, so be it.

In order for this article to have any truth in it you will need to show why the NICS / FBI ignores 922(n) and puts all its denials for any warrants in the "fugitive from justice" basket. Goodluckwiddat because it is a nonsensical premise; the "fugitive from justice" and "under warrant or information" are two separate and distinct criteria in the law. If that is really happening then just scrap the entire NICS, it is a joke anyway.

The Trace lies when it says that, "Beardsley’s open arrest warrant didn’t automatically prohibit him from buying a gun" that is BS. 922(n) does it and if he lied on question 11.b about having a warrant, more charges can be applied.

I wouldn't believe anything the Trace says. Ersatz outrage and indignation, misrepresentation and duplicitousness have always been the hallmarks of the anti-gun side. and "The Trace" is the faithfull's Gospel.
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