What Does Common Sense and Comprehensive Gun Regulation Look Like?
In earlier blog posts I discussed the Second Amendment, the Heller decision, the NRA, and prevailing public opinion. To summarize the blogs, it is clear that nothing in the Second Amendment or the Heller Decision prohibits regulation of guns. It is also clear that after the 33-year effort by the NRA to shift public opinion resulting in the Heller decision, prevailing public opinion has swiftly shifted back in favor of gun regulation. The continued decline in hunting, our society continuing to become less rural, and of course shootings like Sandy Hook, Parkland and El Paso have all contributed to this shift.
If we are able to get real gun regulation implemented at state and federal levels, what does it look like? I will discuss several aspects of effective regulation below. Each of these regulations will have a positive impact in their own right. Together these regulations will result in a safer gun owning population and a large reduction in both accidental and intentional gun deaths.
Universal Background Checks
Universal background checks on both retail and private sales / transfer of arms. The retail systems are in place and simply need strengthening. The databases that the systems use need enhancements. But, to truly have universal background coverage for gun purchases the systems need expansion to all gun sales and transfers. Gun shows will have to accommodate the systems and private citizens will need to go through a process that involves a background check to transfer or sale a gun. Is there inconvenience involved? Yes there is, but no more than the sale and transfer of a car. When you sell a car you need to have the title transferred and taxes paid. In the case of a gun you will need to document the sale and have a background check completed. Local government or law enforcement will offer this service.
Cradle to Grave Gun Registry
From the manufacture to the sale, guns need to be tracked throughout their life. This is no different than a VIN number on a car. If your car is involved in an accident or crime the authorities can trace that vehicle back to you. The same needs to apply to guns. When a gun ends up in the hands of a criminal, we need to know how it got there. This is a simple, yet extremely effective system.
Red Flag Law
Law enforcement must have the right to confiscate and hold the guns from those that may cause harm to themselves or others. This process is initiated by law enforcement based on family and doctors, restraining orders, social media post, etc. Law enforcement goes before a Judge to get authorization just like they would when seeking a search warrant. The person can, after the fact, go before a judge to make their case if they feel the seizure was unwarranted. There of course will be cases where someone's guns are taken and should not have been. But these rare occasions are far outweighed by even one instance where lives are saved by seizing the guns of a disturbed person.
Banning the Sale and Possession of Certain Classes of Guns
This regulation gets a lot of push back by the anti-gun regulation crowd and people who have thrown up their hands thinking that the cat is already out of the bag. You hear it in arguments like you can’t ban a gun because it looks scary or too many guns are out there already. Neither of these statements have a basis in fact. Let me explain:
We regulate three components: rate of fire, capacity, and type of rounds. The government sets a maximum fire rate, a maximum round capacity, and bans certain types of rounds (armor-piercing). This is not based on looks but function.
The second argument assumes that existing guns, not meeting these guidelines, are grandfathered. This has been the case in the past but not moving forward.
The regulation has a time frame to surrender existing guns that do not meet the guideline. The owner of the gun will be given the current retail value of the gun based on the model and condition when it's surrendered. There will be strict and severe penalties for possessing these guns after the grace period. Citizens will turn in their guns, thus taking them out of circulation. The guns that are not turned in, will be collected over time. Friends and family will let the authorities know in order to protect themselves.
The regulation also gives law enforcement a new tool when dealing with criminals. They may not have enough evidence for other crimes, but can use the illegal possession of guns to get the people off the streets. The criminals will realize this and a reduction in gun carry and ownership by them will result.
Gun Licensing and Training
All gun owners must have a license; the license process will involve a knowledge test as well as a skill test. Similar to the knowledge and driving test needed for a driver's license. The license will have an expiration and renewal feature. The renewal will have a skill test. This is a common practice of law enforcement and will be extended to the public. If you are going to own a gun, you must be knowledgeable on how to store it and use it safely and proficiently.
Remove Protection Against Lawsuits
The protection that was extended to gun manufacturers must be rescinded. These manufacturers should be treated as any other. The result will be an immediate push by the manufacturers for gun safety measures. Better storage and safety to keep guns out of the hands of children. Measures to keep the guns from being operated by someone other than the owner. Technology will continue to offer more and more safety options. The process will be similar to what we have seen in the car industry. Safety has become a primary concern in that industry and it will in the gun industry as well. The threat of lawsuits will force the issue with any manufactures that do not move in this direction.
In Summary: These six common sense regulations will not end gun ownership in the United States. They will not prevent hunters from hunting or a citizen from defending their home. What they will do is make guns safer for the owner, the owner’s family, friends, and the public at large. If mass shootings happen, the number of lives lost will be greatly reduced. Gun deaths will drop dramatically across the board in the United States.
