So let's say a gun background check bill were to pass

[bluestateguy]

What if someone has no criminal record, is not on any official terrorist watch list, but it is known that he has racist views. And this person wants to buy a gun.

He has confederate flags on his pickup truck, makes frequent racial slurs and has a lot of bizarre conspiracy theories about FEMA camps, etc. Can he be denied a gun, or does he have to be sold a gun?

[Duckhunter935]

1. he passed the background check

Was all of the pertinent data input by the state like his drug use and indictment? Appears he lied on his ATF form 4473 too.

and just how are you going to deny a person if he has done nothing illegal. Seems you want to go down a slippery slope. Should the government be allowed to shut down speech if you do not like it?

[madville]

2. How would the seller or the government

Have any knowledge of these activities in the first place?

Hypothetically though, no, I don't believe one gives up a constitutional right by exercising another right.

The individual seller or business should have the right to deny sale to anyone they suspect could have ill intentions though, the first amendment only applies to government repression of free speech as I see it.

[HereSince1628]

3. Well, it'd probably start with collecting a lot more than metadata.

I think there is too much resistance for anymore gun control

BUT

There's plenty of interest in people control, total security required total information awareness.

[Throd]

4. What other characters from central casting would be denied the purchase too?

[sarisataka]

5. Different perspective

What if someone has no criminal record, is not on any official terrorist watch list, but it is known that he has racist views. And this person wants to vote.

He has confederate flags on his pickup truck, makes frequent racial slurs and has a lot of bizarre conspiracy theories about FEMA camps, etc. Can he be denied a vote, or does he have to be allowed to vote?

Now consider the hell of having a Bush III. What could be substituted for "racist views".

[flamin lib]

6. This is where local law enforcement and 'may issue'

can be helpful. The NRA has successfully pushed 'shall issue' (nice way of saying just give everybody a gun, no questions asked) until the local police which might know something about the character of the wanna be Rambo are powerless to keep the likes of Zimmerman or Roof from getting guns.

Because gunz is sooo special.

[bluestateguy]

7. Ok, but there is a dark side to may issue as well

What if you have a racist sheriff who won't sign over permits to black and Hispanic people.

Would you trust Joe Arpaio in Maricopa County with may issue powers?

[flamin lib]

8. I'll take that chance.

For every Arpaio there are ten thousand levelheaded honest and diligent LEOs.

The attitude that every solution mist be perfect is the biggest obstruction to doing anything at all

[sarisataka]

9. Except that's not how it works

A permit application may be denied by LE even in a shall issue state. If the person chooses to appeal the denial it goes before a judge.

At the hearing LE will present the rationale for denial. If the person is disqualified by law, case closed. If not specifically disqualified but LE shows a history of misdemeanor issues such as DV, DUI, other examples of poor judgement then the denial may be upheld or overturned as the judge rules.

My neighbor had this happen. He was denied due to a juvenile conviction for vandalism. He is now over 50 and appealed. The denial was overturned.

Under may issue denial may be given for any reason; though in practice it is far less often for the applicant having a racist background. More often it is because the sheriff doesn't like the color of the person's skin.