Thread: Georgia bill would prohibit illegal immigrants from having guns

Georgia bill would prohibit illegal immigrants from having guns

Morris News Service – updated Thursday, March 28, 2013 - 9:55pm

ATLANTA – A bill introduced this week in the Georgia Legislature would prohibit illegal aliens from owning or carrying guns.
Even as the General Assembly wraps up the 2013 session Thursday evening, lawmakers are still proposing legislation that will be considered in next year’s session that begins in January.
House Bill 667 by Rep. Barry Fleming, R-Harlem, would make it a felony for a person in the country without a visa to possess, ship or transport a firearm. The first violation would result in one to five years imprisonment, five to 15 for a second and up to 30 years for a third.
The bill got assigned to the House Judiciary Non-Civil Committee and will await consideration until then.

Georgia bill would prohibit illegal immigrants from having guns | Online Athens

They don't enforce the existing laws what makes them think this will be any different?

I would of thought this already would have been a law.

FBI has 5,216,732 illegal alien records in gun background check system

01/15/2013
Mike Piccione
Editor, Guns & Gear

The Federal Bureau of Investigation’s National Instant Criminal Background Check System (NICS) is reporting that they have records on 5,216,732 illegal or unlawful aliens. These records are kept under the “Prohibited Category Description” of those in the United States that are not allowed to purchase a firearm.

The NICS background check system was implemented by the Federal Bureau of Investigation on November 30, 1998. The data reported are a compilation from the program’s implementation to December 31, 2012.

Total active records in the NICS Index for individuals in the “Prohibited Category Description” are 8,323,931.

Since the start of the NICS program the organization has performed 160,474,702 background checks. As a result of those checks the FBI has declined 11,974 illegal/unlawful aliens from purchasing a firearm.

A phone call to the NICS call center to ask if the NICS system is used by the FBI to communicate immigration status to U.S. Immigration and Customs Enforcement (ICE), a Department of Homeland Security organization, resulted in being put on hold for 98 minutes before the call was terminated.

According to FBI.gov, if a Federal Firearms Licensed dealer (FFL) requests a background check on an individual that is not in the NICS system “If no matching records are returned by any of the databases, the transaction is automatically proceeded.”

“Currently there is no consistent state-by-state policy of notifying local authorities that an illegal or unlawful alien or a fugitive from justice is trying to purchase a firearm” according to one high-volume Virginia gun dealer. “In Virginia, the State Police are notified and they make the determination if they are going to respond to the prohibited individual with legal action. Not all states use the NICS.”

According to the FBI.gov website “NICS is located at the FBI’s Criminal Justice Information Services Division in Clarksburg, West Virginia. It provides full service to FFLs in 30 states, five U.S. territories, and the District of Columbia.”
The NICS system can tell an FFL if someone is ineligible to purchase a firearm but they have yet to put a system in place to apprehend the individual that is known to be in this country illegally or a current fugitive of justice.

Active Records in the NICS Index – Prohibited Category Description, November 30, 1998 – December 31, 2012

Rank, Subcategory, Total (Percent of total)

1. Illegal Unlawful Alien – 5,216,732 (62.66% of total records).

2. Adjudicated Mental Health – 1,821,217 (21.88% of total records).

3. Convicted of a crime punishable by more than one year or a misdemeanor punishable by more than two years – 727,255 (8.74% of total records).

4. Fugitive from Justice – 378,463 (4.55% of total records).

5. Misdemeanor Crime of Domestic Violence Conviction – 90,199 (1.08% of total records).

6. Federally Denied Persons File – 34,746 (0.42% of total records).

7. Renounced U.S. Citizenship – 20,654 (0.25% of total records).

8. Unlawful User/Addicted to a Controlled Substance – 18,174 (0.22% of total records).

9. Dishonorable Discharge 10,163 – (0.12% of total records).

10. Protection/Restraining Order for Domestic Violence – 4,101 (0.05% of total records).

11. State Prohibitor – 1,362 (0.02% of total records).

12. Under Indictment/Information – 865 (0.01% of total records).

Total Active Records in the NICS Index 8,323,931 (100.00% of total records)


Federal Denials – Reasons why the NICS Section denies a firearm purchase, November 30, 1998 – December 31, 2012

Rank, Subcategory, Total (Percent of total)

1. Convicted of a crime punishable by more than one year or a misdemeanor punishable by more than two years – 577,814 (58.51% of total records).

2. Misdemeanor Crime of Domestic Violence Conviction – 101,393 (10.27% of total records).

3. Fugitive from Justice – 94,478 (9.57% of total records).

4. Unlawful User/Addicted to a Controlled Substance – 80,987 (8.20% of total records).

5. State Prohibitor – 42,761 (4.33% of total records).

6. Protection/Restraining Order for Domestic Violence – 42,459 (4.30% of total records).

7. Under Indictment/Information – 19,287 (1.95% of total records).

8. Illegal/Unlawful Alien – 11,974 (1.21% of total records).

9. Adjudicated Mental Health – 10,180 (1.03% of total records).

10. Federally Denied Persons File – 5,481 (0.55% of total records).

11. Dishonorable Discharge – 707 (0.07% of total records).

12. Renounced U.S. Citizenship – 57 (0.01% of total records).

Read more: FBI has 5,216,732 illegal alien records in gun background check system | The Daily Caller

QUICK REFERENCE TO
FEDERAL FIREARMS LAWS

I. POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED
PERSON:

18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. May receive
minimum sentence of 15 years without parole if offender has three or more prior
convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession
of offensive weapons) and/or drug trafficking felony.
Elements

A. Possession or receipt of a firearm or ammunition;

B. By a subject who falls within one of the following categories:

Felon - (Additionally, persons awaiting trial on felony charges are prohibited from receiving
firearms.);

Drug user or addict - (Often shown where paraphernalia seized, subject tests positive for drugs
and/or subject claims drugs were possessed for personal use.);

Alien - (Includes illegal aliens and aliens lawfully admitted under non-immigrant visas, i.e., those aliens not admitted for permanent residence. This provision does not prohibit aliens who lawfully possess a so-called “green card” from possessing guns or ammunition.);

Is subject to a domestic restraining order - (The order must prohibit contact with an intimate
partner, or child of the subject, and must have been issued only after a hearing of which the
subject was notified and at which the subject had an opportunity to participate. The order must
also find the subject poses a threat to the physical safety of the intimate partner or child or must
prohibit the use, threatened use or attempted use of physical force.);

Has a prior conviction for domestic assault - (Includes a prior conviction for any assault or
threatened use of a deadly weapon against a present or former spouse or partner or child or
guardian of any such person. The subject must have been entitled to a jury trial and been
represented by counsel in the prior proceeding or be shown to have waived those rights.);

Fugitive from justice - (Fled any state to avoid being prosecuted or to avoid testifying in any
criminal proceeding.); or

Dishonorably discharged from the military; AND

C. The firearm or ammunition was transported across a state line at any time.

http://www.justice.gov/usao/ut/psn/d...ts/guncard.pdf