This was written in response to an ongoing discussion about gun control.
Background checks are currently required when purchasing a gun through a registered gun dealer. There is however a “hole” in that system, in that if the dealer has not heard a result back in 5 days, they are legally permitted to release the gun without a result. This is in the process of being extended to 10 days (https://thehill.com/homenews/house/429939-house-panel-advances-bill-to-expand-background-checks-for-gun-sales).
Another Bill also seeks to close another important loophole, which relates to “private sales” at “gun shows”. These sales require no background checks. The Bill intends that such sales would have to pass through a gun dealer, therefore requiring a background check.
Having said that, the chances that the latter Bill in particular will pass the Senate are low.
As a valid Concealed Carry Permit holder, I personally believe that it is not unreasonable that there be a nationwide reciprocity of that permit, but that the requirements to obtain such a permit be those of the highest common denominator. As has been noted, in VA, it is an online process, while in for example Oklahoma, it involves a background check, 16 hours (2 days) of lectures, with testing and range time to prove competency. Ironically, those who have obtained a CCP have a rate of firearms offense lower than law enforcement. If such a requirement (as Oklahoma) were in place for all persons who wished to obtain a handgun, the overall effect would be to reduce inappropriate gun ownership. Before one gets too excited about Oklahoma’s standards however, it has just enacted “Constitutional Carry” laws, which will allow open or concealed carry within the state as of November 1st, without any permit requirement (with some excepted places and persons eligible).
The matter of passing restrictive laws is a difficult one. While they clearly make sense, the fact does remain that they will only apply to those who abide by the law. Depending upon the law being passed, it may even make criminals of otherwise law-abiding persons. A good example of this was the passage of the “The Public Safety and Recreational Firearms Act” which was enacted as part of the Violent Crime Control and Law Enforcement Act of 1994. This law prohibited the manufacture, transfer, or possession of “semiautomatic assault weapons,” as defined by the Act”, as well as restricting the possession of magazines with a capacity greater than 10 rounds (the prohibitions expired on September 13, 2004 owing to a written-in sunset clause). There is little doubt however that while this had a positive impact at the manufacturing level, it caused a significant number of otherwise law-abiding citizens to become criminals owing to their ongoing possession of the standard 13- or 15-round handgun magazine.
One surprising supporter of the 10-round limitation was William B. Ruger, a founder of Sturm, Ruger & Co. (a large firearm manufacturer). In 1992 Ruger told Tom Brokaw of NBC News “No honest man needs more than 10 rounds in any gun“. He also circulated a letter to every member of Congress observing: “The best way to address the firepower concern is therefore not to try to outlaw or license many millions of older and perfectly legitimate firearms (which would be a licensing effort of staggering proportions) but to prohibit the possession of high capacity magazines. By a simple, complete and unequivocal ban on large capacity magazines, all the difficulty of defining ‘assault rifle’ and ‘semi-automatic rifles’ is eliminated. The large capacity magazine itself, separate or attached to the firearm, becomes the prohibited item. A single amendment to Federal firearms laws could effectively implement these objectives.“
The fact does still apply that even if restrictions are put into place, there are so many guns in the US that restrictions will make a very small impact in the big scheme of things. It is estimated – estimated! – by the FBI that there are in excess of 300 million guns of all types in the US. The fact is that nobody really knows how many there are. With that number around, the really bad people will always have access, and laws will often only affect the good people. What they may do however is limit the easy access to guns by the mentally unstable or “amateur” (for lack of a better word) murderer. Although it should be noted that the majority of recent mass murders were performed by people with access one way or another to legally-held guns.
It is a very complicated issue, but one which does require attention. With 39,773 gun deaths in 2017 (the highest rate per 100,000 population since 1996) – although that did decline slightly in 2018 – it clearly is a “National Emergency”. Another perspective however can be placed upon that statistic, when one realises that 23,854 of those deaths – just under 60% – were suicides. The National Emergency therefore is not only one related to guns, but also to available and adequate mental health care. Another difficult subject to address.
