
Originally Posted by
OxArt
I wont comment on the solution / problem of this situation, but something to consider when it comes to BGC and priors:
BGC only consider the disposition of crimes. Being that 94-96% of cases are pled down - often to lesser charges, the disposition rarely reflects the actual crime committed. This is one reason why repeat sex offenders/rapists can easily reoffend - rapist takes a plea bargain in County A, it gets pled down to misdemeanor assault. He goes to county B, rapes someone, DA checks his background, he's got a prior for misdemeanor assault. Ok, so it's his first sex offense. DA offers a plea bargain offering to reduce it to misdemeanor assault. (this example ignores the sex offender registry). He pays fine, serves two weeks, moved on to county C. (county-to-county records are often independent of one another as well)
Rarely do officers/DA actually dig deep into arrest history or original charges. And firearm BCG only look at the disposition of things. So, it creates a highly unfair system as far as background checks are concerned - some counties might dispose the original charge (you punched someone, they disposed it felony assault and you served 30 days) while other counties might take absolutely-crazy-serious issues - you came to school with a loaded gun and threatened to kill everybody - and they might plea it down and dispose it at misdemeanor harassment; there's no clear record that you shouldn't be a firearms possessor.