Before Expanding Gun Laws, There’s Much To Consider

With the recent efforts in Washington D.C. to introduce new gun laws in the US, it's important that all Americans be aware of the facts concerning the current gun laws in the United States.

BACKGROUND CHECKS

18 U.S. Code § 922 covers just a portion of the Federal Firearms Regulations. Included in this section of law is the National Instant Criminal Background Check System (NICS).

Section (t)(6) of 18 U.S. Code § 922 reads:

(6)Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages—

(A)for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this section; or

(B)for preventing such a sale or transfer to a person who may lawfully receive or possess a firearm.

So right now, the government has no responsibility for the background check system working properly. Before we discuss expanding this system, we should be holding our elected officials accountable to ensure the current system works as intended and demand this lack of accountability be removed from the current law.

LOOPHOLES, AGE LIMITS AND WAITING PERIODS

The Charleston, Las Vegas, Gilroy, El Paso, Dayton Colorado, Indianapolis and Uvalde shooters ALL passed the NICS check and that was not a "loophole" but a failure of government.

Proper use and accountability of the NICS system would have had the Uvalde killer listed as a "prohibited person" based upon his background. We should not punish other folks just because of their age for a failure of government.

Some have suggested certain categories of weapons should have a longer waiting period. If the current NICS system was properly managed and there was accountability, no waiting period would be necessary to purchase certain types of firearms. And does this mean someone who needs to "cool off" can't do any damage with a handgun, shotgun or other rifle or weapon?

TRULY PROTECTING OUR CHILDREN

"School shootings" began to rise less than a decade after the Gun Free Zone act of 1996 and government has done little to improve the safety of schools in the last quarter century. While many politicians and the elite utilize their own personal security staff to remain safe, most of these same people believe the only way to keep kids safe is to enact further infringements on the 2nd Amendment.

Rather than punishing law abiding citizens for their failure as "leaders", our elected officials should take a look in the mirror and acknowledge their own responsibility for these tragedies due to their excessive focus on social issues in schools at the expense of a safe education. Solutions such as the one demonstrated in this YouTube Video should be explored and implemented sooner rather than later if our children's safety is in fact a priority for politicians.

OUTLAWING CERTAIN TYPES OF WEAPONS

The type of weapon is not significant; the behavior of an individual should be used to make a judgement after due process to have them added to the "prohibited person" list in the NICS. If something needs to happen more quickly, government needs to figure out how to expedite the legal process without violating the provisions of the 6th Amendment to the US Constitution.

RED FLAG LAWS

18 U.S. Code § 922 outlines many “illegal acts” pertaining to firearms and prohibits firearm possession by criminals (sections d.1, d.2, d.3), anyone who is mentally ill (sections d.4, g.4, s.3.B.iv), anyone who is subject to a restraining order (section d.8 ) or anyone convicted of domestic violence (section d.9, g.9, s.3.B.i).

Reading through that list, all the concerns that are mentioned around "red flag laws" are addressed but only if the government ensures these folks are added to the NICS "prohibited person list." Lack of government action has led to tragedies because folks in these categories were not added as "prohibited persons" but again, no one in government is currently accountable for that under the law.

And simply removing guns is not the solution. So we take the guns but leave this "dangerous" person in their home with the rest of their family members so they can use knives or build an IED and blow everyone up? If you have a concern about the individual, you use due process to remove that individual and you add them to the NICS prohibited person list under current law.

CONCLUSION

This lack of government accountability should bother all of us a great deal especially when we are being told by government (and those who do not question what they are being told) that the only way to make things better is by adding more laws while government simultaneously refuses to enforce the current law.

Although many politicians are using recent tragedies as an opportunity to seek more "gun control", it's important that all Americans realize that such actions will never completely eliminate such threats.

We must continue to discuss "gun control" with others who don't completely share our point of view by sharing facts such as those outlined here while politely and kindly remaining unwavering in our commitment to our rights.

None of us should blindly accept what we are are being told as the truth...regardless of which political party or "news" organization is doing the talking. Instead, we must do our own homework so that we may all hold our representatives accountable.