Police Arrest Man After He Failed Background Check Trying to Buy Gun

wnep.com ^ | 9/16/2015 | Bill Michlowski

[rktman]

PLAINS TOWNSHIP -- Police were called to a gun shop in Luzerne County Wednesday after a potential buyer was flagged in the system.

A clerk at United Gun Supply along Route 315 in Plains Township said a man came in to buy a gun around 11 a.m. The red flags went up when he ran a background check on him.

Police arrived and arrested Joseph Bagnato of Pittston.

[rktman]

Highly unusual. So that's one out of how many 'denied' attempts to purchase are actually even investigated. And, why the denial? Was it a false denial?

[faithhopecharity]

“... The right of the people to keep and bear arms shall not be infringed”. At least, that’s the law in USA.

[Leaning Right]

I'm a tad bit disappointed. Based on the title, I was hoping for a photoshopped picture of Obama trying to buy a BB gun, or something like that.

[JRandomFreeper]

My understanding is that even if he is guilty as sin at the local or state level, the federal background information can't be used for this.

I could be very wrong, but I don't think so.

/johnny

[GregoTX]

Bagnato faces charges for lying on a handgun purchase application among other charges.

What other charges? How many other charges and what are they? What is the offense he was charged on for lying on the application? This is a poorly written "news" article. It makes it sound like he was arrested for being denied... but it seems there is allot more to the story not being printed.

[rktman]

Or maybe some former ass-tro-naught lying on his forms being arrested. Nah.

[smokingfrog]

The system worked.

[Steely Tom]

Maybe he had an outstanding arrest warrant.

[smokingfrog]

Violating parole or he may have warrants would be my guess.

[PeterPrinciple]

might have picked the wrong name to used for an applicaton?

http://www.legacy.com/obituaries/psdispatch/obituary.aspx?pid=174502431

[JRandomFreeper]

There is a lot of information left out. Was he arrested on federal or local charges? What charge was he arrested on? Lots of info left out.

Article 1, section 8 of the Constitution needs to be adhered to, as does the 4th and 5th amendments.

A person can't uphold the law by breaking the law. Jurisdiction matters.

/johnny

[rktman]

WHAT? Somebody using the name of a deceased person to try to pass a ubc? Junior?

[JRandomFreeper]

Yep. Not enough info for even a SWAG. If he had an outstanding warrant and was arrested under the right jurisdiction, good collar. If not... Governments at all levels need to adhere to the laws they are bound by.

I think the 'author' of this piece has no clue about journalism.

/johnny

[antidisestablishment]

A felon cannot be charged with falsifying records to purchase a weapon— see Haynes v. United States. According to the Fifth Amendment, self-incrimination cannot be compelled.

Criminals are specifically exempted from any registration process. This has to be the greatest fallacy promulgated by gun control advocates.

[Red in Blue PA]

So IOW the system works

[Buffalo Head]

"My understanding is that even if he is guilty as sin at the local or state level, the federal background information can't be used for this."

I have that same dim memory stemming from a USSC case a couple of decades ago. Seems like the case hinged on the forced self-confession of a crime as required by the form 4473.

Any lawyers here that know the facts?

[arthurus]

The way I understand it if you “fail” a background check, even if in error, you are guilty of a crime and can be prosecuted.

[Half Vast Conspiracy]

The system worked...

…selectively.

Why?

[Half Vast Conspiracy]

A person can't uphold the law by breaking the law.

What are you trying to do, crack the foundation of modern day law enforcement?

[JRandomFreeper]

Just trying to uphold the Constitution. ;)

If it's a good arrest, I have no problem with it.

'I'd rather that 10 guilty go free than one innocent be convicted...' Some other guy said that..

I just happen to agree with it.

/johnny