As we continue to accomplish very little with regards to solving the problem of gun violence, I have a modest proposal. Well, maybe not so modest. But what the hell.
First. Stop trying to ban categories of guns such as ARs that have long been in circulation, since that creates a battle royal and since most of these guns are owned with little real risk to society in proportion to the political battle that would ensure if we try to ban them. The lion’s share of shootings, including multiple shootings, are done with handguns. ARs are a convenient political target for the left as a symbol of what they see as America’s Gun Problem.
But as a hedge, and as I suggested in 2015 we can, if necessary to keep Junior from mowing down his school or place of work, modify the 1934 National Firearms Act to regulate ARs and some handguns, i.e., arms more lethal than garden variety hunting rifles, shotguns, and some large unconcealable handguns, in some manner between machine guns and Dad’s Remington 1100. That doesn’t mean people can’t have exotic guns or, “modern sporting rifles”, or whatever you want to call stuff. It just means it will be a little harder to own more lethal guns, there will be a little more screening, and not every bozo who walks into a gun shop can come out armed to the teeth with his Man Card intact. How we decide what would fall into this category should be decided carefully so we don’t run afoul of Heller or intractable political issues. As a point of discussion, how about if owning “modern sporting rifles” and/or being able to carry concealed require a common, higher level of screening than traditional low capacity firearms and hefty handguns more at home in the woods. A “basic” firearms owners identification card (FOID) could be had by anyone who scores 100% on a Form 4473 and one could upgrade if the spirit moved one.
Secondly, stop trying to keep people from owning guns if they have not proven that they should be disqualified. Once we decide on categories of firearms, how about national reciprocity with ownership? Or at minimum, a state-issued FOID card with national reciprocity? Make it shall-issue after jumping through reasonable hoops. Each gun owner would have an ID card, similar to a driver’s license, that would allow some or all categories of guns to be owned, openly or concealed, analogous to a license that allows individuals to drive just cars vs allowing the person to drive cars, motorcycles, eighteen wheelers, etc. Of course this means red and blue states have to compromise on M.Q.’s but in return, we could stop talking about gun running from so called weak law to strong law states and I could plink at tin cans with my old man’s hand cannons in NYS without fear of being chased down by Andrew Cuomo. State level sensitivities such as not carrying in government buildings could be preserved. What a concept.
Background checks? Easy. Private sales/transfers between owners would be done by entering a computerized NICS-like system with a pair of FOID numbers, PINs, a gun serial number and description and presto, a private exchange is done between previously cleared people based on their level of screening. You want to be screened to own an M-60 for shits and grins or sell one to your buddy who is equally screened? Sure, why not? Right now there are hundreds of thousands of legally owned machine guns. They are never in the news because you have to be pretty squeaky clean to own one. Just show you are responsible for the damn thing and God bless ya. Just make sure you can afford the ammo.
Finally, stop moving the goalposts and messing with people who have never crossed paths with the law. The biggest, and often enough legitimate fear that gun owners have is that the rules are too fluid and often the changes are bewilderingly stupid. Want examples? Start with California. These situations make Molon Labe an understandable, if not a legally defensible response. Plus, these situations result in single issue politics at the polls, which doesn’t help the bigger issue of running the country. The recent editorial by Santa Fe Mayor Webber, i.e., that he would attempt to circumvent the state constitution’s preemption clause, is yet another example of why gun owners are wary of trusting government. Sure did bug me that this showed up in the Santa Fe New Mexican three months after I moved here. No, I didn’t get a call from Mr. Mayor as a “responsible gun owner”, either.
I think we need to do more to keep guns under control, i.e, from being diverted from the legal to the illegal side of the house and to ensure the irresponsible dofus and clearly identified legal loose cannon is not sending rounds whizzing past my hair do. That means some controls on ownership (i.e., theft prevention and periodic cross-referencing with court records) and transfer (to ensure you don’t sell that semiauto to someone about to blow away his wife after she got a restraining order against her slap-happy hubby). But if the laws are designed to control transfer and reward lawful ownership rather than prevent ownership by good people (i.e., California et al), maybe we can get past the impasse.
The 2A was written so that a citizen militia (of whoever passed for a citizen back then) could be called on to defend the state and/or nation and to try to prevent the unwarranted amassing of power by a government that no longer represents its people. UCLA Law Professor Adam Winkler covered that pretty well in Gunfight and there have been numerous papers written about the evolution of arms and self defense in England and America. Heller’s contribution was explicitly including in the 2A the right to have a usable weapon for self defense in the home. The historical reasoning behind the 2A implies some standards need to be met among the people. For one, it would be wise if we don’t elect assholes who we might genuinely worry about as far as usurping excessive power (hence the ballot box and high school diploma with an A in rhetoric and civics are far more powerful tools than the sword) and two, that we know the limits of being armed and therefore, know muzzle from breech as well as the law of self defense. No American who has thought carefully about the often-used Jefferson quote about watering the tree of liberty with the blood of patriots and tyrants wants to live in an Anbar Province, no matter how pissed off he gets at Big Gubbmint. Any doubts? Read the history of the Civil War.
Fix the country with a saw and hammer, not with a match and gasoline.