" It's clear that a felon CAN'T own a gun. If he applies, he'll be turned down. Some people think the act of applying when you're NOT eligible, is its own separate crime. I don't understand WHY that is. Can you splain that to me?"
You want us to explain why some think applying is a crime?
Kind of tough assignment, Ex. Expaining why others think what they think.
Here is Connecticut's application to be completed by the potential buyer and the seller's agent. I picked CT's form because it was the easiest to find and has a recent revised date:
http://www.ct.gov/despp/lib/despp/sl...s/dps-67-c.pdf
But CT has I think one of the most stringent laws in the nation now, although MD just enacted their new law Oct. 1 and it requires fingerprinting before purchase of a handgun.
If you review the CT form you will see that there are numerous questions about previous convictions. The applicant acknowledges that providing false information is a felony very clearly.
The seller's agent is advised that if the applicant has answered yes to certain questions on the form that the applicant MAY be prohibited from purchasing the weapon.
It appears to me that if the applicant answers all the questions on the form accurately and honestly, he/she will not be violating CT's law. The use of the words MAY BE PROHIBITED implies that it is not clear that everyone who has been convicted of the crimes identified on the form, can't buy a gun.
It also appears to me that "some people" are wrong when they think that applying (at least in CT) when you think you MAY NOT BE ELIGIBLE, is a crime.
Perhaps CT takes into consideration that someone may have been convicted and later exonerated and relies on the official background check to pick that up- don't know- but if merely checking yes in a box disqualified the applicant the seller's agent would be advised to not submit the form. Instead the agent is advised that the purchase MAY be denied.
MD had so many people wanting to buy guns before the new law went into effect that the state police (MSP) had to farm out review of applications to clerks in other state employee divisions such as highways and health dept.
Dealers were selling and releasing weapons without completion of the background checks as they are allowed to do if they don't get an answer with x days. MSP went out and retrieved some of those weapons when they realized what had happened as the background check was finally completed.
Every state is different. That's about the only blanket true statement that can be made about the USA.