Who are the Prohibited Possessors on the NICS list?

Gun Watch ^ | 28 December, 2015 | Dean Weingarten

[marktwain]

At the end of 2014, there were 12,881,223 people who were legally prohibited from possessing modern firearms on the NICS list of prohibited persons(pdf).  As can be seen from the chart below, obtained from the FBI, nearly half of those prohibited, 49.2%, are illegal aliens. 

The next largest number are those who have been adjudicated with a mental health problem.  177,000 of the recent numbers are veterans  added by the veteran administration.  The total "mental defectives" is over 29% of the prohibited possessors in the NICS data base.  In 2007, only 10.15% of prohibited possessors were listed as mental defectives.  Under the Obama administration, the number of "mental defectives" in the prohibited possessor list has grown from 518,499 at the end of 2007, and 648,120 at the end of 2008, to 3,774,301, an almost sixfold increase of over 3 million people.  The Obama administration has said that it wishes to swell those numbers even more, by adding in Social Security recipients who choose to have their financial affairs attended to by someone else.   Those numbers are reported to be over 4 million.  The Obama administration backed away from that executive action after a strong public reaction.

Then come those convicted of a crime, a felony, or misdemeanor punishable by two years of incarceration, or more.  They amount to almost 15%.  I was surprised by that number.  Only 15% of those on the NICS prohibited possessor list are for felony or serious misdemeanor convictions.  Fugitives from justice account for another 3.6%

Those four categories account for 96.8% of all the people on the database. 

All the rest are relatively minor numbers:

State Prohibitors: .9%  These numbers started being added in to the NICS system in April, 2012.  They include information voluntarily submitted by the states. 

Convicted of misdemeanor domestic violence: .9%  I thought this would be a much larger number. 

Order of Protection/Restraining Order domestic violence: .4%  This number is also much smaller than I thought it would be.  Orders of Protection/Restraining orders are relatively easy to obtain, but they also are often temporary. 

Under Indictment/Information: .3%

Federally denied persons file: .2%

Renounced U.S. Citizenship: .2%

Unlawful user/addicted to a controlled substance: .2%  This one appears to be low, but most people who have been convicted in a court of law are likely picked up in the felony/serious misdemeanor category.

Dishonorable discharge: .1%




©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[archy]

Only 1.8 million. Many people have put the number much higher.

Note that the federal definition of a felony under GCA '68 includes a conviction for any crime for which the defendant could have received a sentence of one year or more. I bet that 1.8 million number in now way reflects this definition.

Which, by the way, included the late former Senator Ted Kennedy, who could have received a 1-5 year sentence under Massachusetts law for his having fled the scene of a fatal auto accident...whether he knew it was a fatal accident or not. Kennedy, btw, threatened to sue for libel any Mass. journalist who described him as a *convicted felon* after the judicial inquest having found "probable cause" that Kennedy had committed a crime, could have issued a warrant for his arrest but did not do so, nor did then District Attorney Dinis choose to prosecute Kennedy for manslaughter, despite Judge Boyle's conclusions. Instead, Kennedy plead guilty to a charge of leaving the scene of a crash after causing injury. Judge James Boyle sentenced Kennedy to two months' incarceration, the statutory minimum for the offense, which he suspended.

Massachusetts General Laws Chapter 90, Section 24(2)(a1/2)(2) makes it a crime to leave the scene of an accident where death resulted and without leaving your identity, address and registration information of your vehicle.

The punishment upon conviction for the Massachusetts Crime of Leaving the Scene of an Accident After Causing Death is imprisonment in the House of Corrections for not less than 1 year and up to 2.5 years; or commitment to State Prison for not less than 2.5 years and up to 10 years.

In order to be convicted of the crime of Leaving the Scene of an Accident After Causing Death, the prosecutor must prove, beyond a reasonable doubt:

1.That the defendant operated a motor vehicle;

2.That he operated it on a public way or in a place where the public has a right of access;

3.That while the defendant operated the vehicle, he collided with or caused injuries to another that resulted in death;

4.That the defendant knew that he collided with or caused the death of another; and

5.That after such collision or injury, the defendant did not stop and make known his name, home address, and the registration number of his vehicle.

[archy]

There are misdemeanors that call for 5+ years, but they are misdemeanors, not felonies.

Gun Control Act of 1968; 18 U.S. Code, US Criminal Code, §ection 922 - Unlawful acts [d and e]

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—

(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(2) is a fugitive from justice;

(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(4) has been adjudicated as a mental defective or has been committed to any mental institution;

(5) who, being an alien-
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));

(6) who  has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;

(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and

(B)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(9) has been convicted in any court of a misdemeanor crime of domestic violence.

This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 of this chapter is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925 of this chapter.

(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.

[Alas Babylon!]

Such a damn shame for veterans who have PTSD. PTSD can be fixed, and they made whole and hale again.

The stigma of shame that goes with it is greatly increased when their gun rights are taken away; yet those who keep mum about it don’t lose their rights, but suffer so much more, and sometimes endanger us all. Those who seek treatment are not a danger in any way or form, and should be praised, but not thrown in with criminals and illegal aliens!!!

[saleman]

Based on what you posted then you don’t have to be a felon to be denied firearms?

[archy]

Based on what you posted then you don’t have to be a felon to be denied firearms?

Correct. A state misdemeanor, punishable by more than one year's imprisonment, whether or not that full sentence was imposed or suspended, is a bar from purchase/sale.

That includes driving and traffic offenses in a couple of states where reckless driving and other highway no-nos can go over a year.