California has a procedure whereby any person can conduct a background check
on themselves. 

 

See: https://oag.ca.gov/firearms/pfecfaqs

 

And: http://ag.ca.gov/firearms/forms/pdf/pfecapp.pdf

 

First.  What would the crime be: Perjury?  The falsehood must be knowing,
willful and material.  Many people don't know at the time they fill out a
gun purchase form that their conviction is still valid or hasn't been
expunged, etc., etc., etc.,   Attempted Felon-in-Possession?  

 

Second. The state of WA will merely clog its criminal court dockets with
crimes that cannot be proven beyond a reasonable doubt.  

 

Finally, it seems to me that WA is trying to implement a version of CA's
APPS system without spending the time, money and training on a real system. 

 

See:
https://oag.ca.gov/sites/all/files/agweb/pdfs/publications/armed-prohib-pers
on-system.pdf

 

Yeah.  It looks like WA is following in CA's footsteps in slowly becoming a
police state. 

 

Donald E. J. Kilmer, Jr.

Attorney at Law (SBN: 179986) 

Law Offices of Donald Kilmer, A.P.C.

1645 Willow Street, Suite 150

San Jose, California  95125

Email:  <mailto:d...@dklawoffice.com> d...@dklawoffice.com

Web:  <http://www.dklawoffice.com/> www.DKLawOffice.com

Voice: (408) 264-8489

 

This electronic message may be protected by the attorney-client privilege.
All rights are reserved.  Counsel should assume that all correspondence is
blind copied to my clients. 

 

From: firearmsregprof-boun...@lists.ucla.edu
[mailto:firearmsregprof-boun...@lists.ucla.edu] On Behalf Of
g...@gunfacts.info
Sent: Monday, April 24, 2017 7:58 AM
To: Firearmsregprof@lists.ucla.edu
Subject: Mandatory reporting of background check failures

 

Washington State is toying with the idea of compelling FFLs to report when a
purchaser fails a background check.

 

http://www.king5.com/news/politics/senate-surprises-with-vote-on-firearms-bi
ll/433001920

 

The notion is that the purchaser, if they knew they were prohibited, lied on
the sundry forms and thus have committed a crime.

 

What are the con law aspect to this? Can FFLs be compelled to do work for
the state? Is there a privacy issued involved (disclosing personal info
about the buyer)? Does reporting create endangerments for the FFL or anyone
else?

 

 

Guy Smith

 <mailto:g...@gunfacts.info> g...@gunfacts.info

www.linkedin.com/in/gunfacts/ <http://www.linkedin.com/in/gunfacts/> 

 

 

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