On Tuesday, U.S. Representative John Dingell (D-Mich.) sent a letter to Attorney General Janet Reno asking "why the Department of Justice is not doing more to prosecute" individuals who violate federal law prohibiting them from obtaining firearms. Dingell, who has been one of the strongest supporters of our Right to Keep and Bear Arms since he was first elected to Congress in 1954, was prompted to raise questions regarding the lack of these federal prosecutions by Bureau of Justice Statistics (BJS) reports on Federal Firearm Offenders and Background Check for Firearm Transfers, both of which were released in June. The BJS reports indicate that, while the National Instant Check System (NICS) continues to identify and deny convicted murderers, rapists, fugitives, and other violent criminals who attempt to purchase firearms from Federal Firearms License (FFL) holders -- a violation of federal law (18 U.S.C. 922(a)(6)) -- less than 1% of those rejected are being prosecuted at the federal level. The Federal Firearm Offenders report indicated that federal prosecutions are so low, in part, because under "DOJ/U.S. Attorney policy," attorneys are declining cases they feel have "minimal federal interest." Dingell asked Reno: "What exactly is the policy for prosecuting violations of 18 U.S.C. 922(a)(6)?"; "Why (would there) be a DOJ/U.S. Attorney policy not to prosecute those who violate federal firearms laws?"; and "Why (would there) be ‘minimal federal interest' in prosecuting those who violate federal firearm laws?" The Michigan Representative, who was awarded the Harlon B. Carter Legislative Achievement Award at this year's NRA Annual Meetings and Exhibits in Charlotte, N.C., also pointed out that another reason cited for not pursuing federal prosecutions was "weak evidence." But, as Dingell states in his letter, any attempt to purchase a firearm from an FFL holder requires the prospective purchaser to fill out an ATF Form 4473, and that form not only asks for information to identify the prospective purchaser, but also asks if he is prohibited from purchasing a firearm. If he is, then he has violated federal law by trying to purchase a firearm, and all the evidence one should need to prosecute has been supplied on the Form 4473. Former federal prosecutor Andrew McBride of the Richmond, Va., office even once remarked that such cases are as easy to prosecute as "picking change up off the street." We applaud Representative Dingell for continuing to take the Clinton-Gore-Reno DOJ to task over its failure to prosecute violent criminals who violate federal gun laws. If you would like a copy of Dingell's letter, please call the NRA-ILA Grassroots Division (800) 392-8683, or you will find a link to it on our website at NRAILA.org.
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