According to the ATF, if convicted of a felony criminal offense, you are not allowed to legally purchase firearms.
We have the 2nd Amendment, but we also have diversion programs in the criminal justice system.
Sentencing to diversion programs make it impossible for background checks to report actual cases where defendants plead guilty to a lesser offense to avoid having a felony conviction.
One example is Frank James. In April, 2022, Frank James opened fire in the Brooklyn, New York subway, wounding ten (10) people.
When this story was in the news, a reporter asked if it was known how Frank James legally purchased the gun. The answer was that James had not been convicted of a felony.
In 1995 while living in Irvington, NJ, James was charged with one count of making terroristic threats; a felony. He was allowed to plea down to harassment, a misdemeanor, and sentenced to one year of probation.
What we see is a person who was charged with a felony, who plead down to a misdemeanor, and because that was allowed by prosecutors, he was able to legally purchase a gun that he used to wound 10 human beings. Read the rest of this entry