Common Sense and Guns

These restrictions currently exist under federal law:
• Anyone who sells firearms as a business must hold a federal dealer’s license.
• All licensed dealers must perform background checks on prospective buyers. There is no waiting period to purchase firearms, but the purchase cannot be made until the background check is complete.
• Multiple sales of firearms to the same person must be reported in some circumstances
• Anyone convicted of, or under indictment for, a crime punishable by more than one year in prison is prohibited from purchasing a firearm
• Anyone who has been determined to be a user of, or addicted to, a controlled substance is prohibited from purchasing a firearm.
• Handguns may not be sold to anyone who is under the age of 21.
• Rifles and shotguns may not be sold to anyone who is under the age of 18.
• Minors are prohibited from possessing handguns, but may possess rifles and shotguns.
• Firearms of any kind may not be sold to anyone who has been judged to be mentally incompetent.
• Undocumented immigrants and people in the United States under non-immigrant visas may not purchase firearms.
• Firearms may not be sold to anyone who: is subject to a restraining order, has been dishonorably discharged from the military, or has been convicted of any domestic violence offense.
• Ownership of assault weapons or semi-automatic weapons is not banned under federal law, but 9 states ban or regulate ownership of assault weapons. Eight states ban large capacity ammunition magazines.
• Federal law prohibits the sale of any handgun unless the buyer is provided with a “secure gun storage or safety device.”
• There is no federal law child access prevention, but twenty-seven states have child access protection statutes on the books.

It would appear, then, that many “common sense gun laws” already exist at the federal level. Perhaps more restrictions are necessary — that may be the case, but the federal government is limited in its power. Federal gun laws are constitutional only because gun dealers are deemed to be engaged in interstate commerce. Our Constitution prohibits the federal government from interfering too much in private transactions within the states. The federal government, for example, cannot regulate private sales between individuals in one state. The federal government would also face serious challenges if it tried to regulate how and when individuals can possess or carry firearms, except for the categories of individuals listed above. People can flood social media with impassioned pleas for Congress to “do something,” but the reality is, one must understand our system of government in order to effectively petition the government for action.

Within the individual states, or course, there is more leeway on the types of gun control legislation that may be enacted. The Supreme Court, however, has declared an outright ban on handguns to be unconstitutional. The Supreme Court also declared unconstitutional a DC law requiring privately owned firearms to be stored unloaded and disassembled.

What can we do? First, concentrate your efforts on state gun control legislation, if you truly believe that more gun control is the answer. Individual states can enact stricter carry laws, child access prevention laws, and general gun safety laws. Second, if you really believe that private ownership of guns should be banned, stand up and own it; don’t pretend you want anything less. Then, start working on getting the necessary two-thirds of state legislators to call for a constitutional convention, or the required two-thirds’ majority in both houses of Congress to propose a constitutional amendment to repeal the Second Amendment. Finally, it might actually be necessary to take a look at why violence in general is so prevalent in America, and how people with serious mental health issues might be identified and treated before they go on a rampage.

Perhaps — and I know this is a foreign concept for many — we need to consider that the issue is not an either/or proposition.

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