Tag Archives: Law

About those “fugitives”

Anti-gun types are all upset now that they noticed the FBI was eliminating some folks with active warrants from the NICS database, making them eligible to purchase firearms.

Tens of thousands with outstanding warrants purged from background check database for gun purchases
Tens of thousands of people wanted by law enforcement officials have been removed this year from the FBI criminal background check database that prohibits fugitives from justice from buying guns.

The names were taken out after the FBI in February changed its legal interpretation of “fugitive from justice” to say it pertains only to wanted people who have crossed state lines.

Well… No. It isn’t so much as they changed the interpretation as that they noticed they weren’t in compliance with federal law. Again. (Kind of the inverse of the military not bothering to report felons.)

Allow me to explain, setting aside for the moment the unconstitutional prior restrain of preemptively-prove-your-innocence checks.

It appears from a search on US Code that to be a “fugitive” under 18 U.S. Code ยง 922, once has to have actively fled when a warrant is issued. The fact that a warrant was issued doesn’t make one a fugitive; or even necessarily aware of the warrant.

No flight, no fugitive.

I find it interesting, but not surprising, that gun controllers think people should be denied rights based on a mere warrant… when it’s Second Amendment rights. But not so much when it comes to other rights.

A federal court found it unconstitutional for for Michigan to deny welfare benefits to people with felony warrants unless they are actually fugitives.

So… same thing for 2nd Amendment rights. For once the DOJ did something half right (the other half being the whole prior restraint bit).

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