Emails, Ron Frandsen MA, JD, research analyst, Data Analysis & Program Support Unit, REJIS Commission, Nov. 9, 2017
10:20 a.m.
Before I turn to Sen. Cruz’s statements, I need to state a few facts that are relevant. All the statistics I cite are from Enforcement of the Brady Act, 2010.
A person who applies to purchase a firearm from a federally-licensed dealer is required to answer questions on a form that asks whether the person has a felony conviction, is a fugitive from justice, or falls within other prohibitions. In 2010, the FBI denied 34,459 purchases because the applicant had a felony indictment or conviction and 13,862 purchases because the applicant was a fugitive from justice. Thus, 48,321 applications were denied for felony or fugitive reasons. Most likely, the FBI’s background check found the prohibitions after the applicants failed to disclose their existence on the form.
FBI denials are referred to ATF, which investigates the cases deemed most worthy of possible prosecution. From the 2010 FBI denials, ATF referred 62 charges (against 33 people) to U.S. or State Attorneys for possible prosecution. As of December 13, 2011, 18 charges had been declined by a prosecutor (I don’t have the number of people involved). The 62 charges involved 9 different federal offenses and 2 to 7 state offenses.
Sen. Cruz’s first statement was that “In 2010, 48,000 felons and fugitives lied and illegally tried to purchase guns.” Although an abbreviated description of what occurred, that is accurate as a general statement. His second statement was that “They [the Obama administration] prosecuted only 44 of them.” That statement is not accurate because it is being applied to people instead of charges, because the charges involve more than just felons and fugitives, and because some of the prosecutorial decisions were made by state attorneys.
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Ron Frandsen MA, JD
REJIS Commission
Research Analyst
Data Analysis & Program Support Unit
From: Selby, Gardner (CMG-Austin
Sent: Thursday, November 9, 2017 10:26 AM
To: Ronald J. Frandsen
Thank you.
Why do so few prosecutions result?
11:05 a.m.
I have not researched that question in depth but various people have offered explanations in the past, such as 1) ATF lacks resources to investigate more cases; 2) Other types of cases are higher priorities for busy U.S. Attorneys; 3) The “lie and try” cases are hard to prosecute because the government must prove that the denied person intentionally failed to disclose a prohibition on the federal form (as opposed to just being unaware of what was on their record); and 4) a belief that the main purpose of the background check requirement is to prevent a firearm transfer to a prohibited person and that the additional step of prosecution should be reserved for the most dangerous people, especially those with an extensive criminal history.
Ron Frandsen MA, JD
REJIS Commission
Research Analyst
Data Analysis & Program Support Unit