Thomas Gabor—Establishing a National Licensing System for Gun Owners

America has a grave gun violence problem.  Gun deaths are approaching 40,000 per year, mass shootings are occurring daily and they are becoming more lethal.  Three of the five deadliest mass shootings in modern American history (Las Vegas, Orlando, and Sutherland Springs (TX) have occurred over the last 18 months.  The Concealed Carry Reciprocity bill, currently making its way through Congress at the behest of the National Rifle Association, represents a complete disregard for public safety and the desire of the public for tighter gun laws.   This bill would make it lawful to carry guns across state lines, even if the state issuing a permit has very weak requirements for permit holders relative to the state the permit holder is visiting.

licenseThe US needs stronger not weaker national laws.  Studies show that states with more permissive laws tend to have higher, not lower, gun death rates than states with more stringent requirements.  Rather than concealed carry reciprocity we need another national law, but one that raises screening and training requirements for gun owners, rather than one that undermines public safety in states that have made more serious attempts to regulate in this area.

Many groups are proposing that we expand background checks so that all gun purchasers, including those buying at gun shows and online, are subject to a background check to ensure they do not fall in some prohibited category (e.g., convicted felons, the mentally ill, domestic abusers).   Such a reform is important as is the desire to close the “Charleston loophole”, which allowed the sale of a Glock pistol to the mass shooter Dylann Roof to proceed after 72 hours when the FBI could not find the drug conviction on his record even though there was a flag in the NICS system.  Other improvements to the background check system are also necessary, such as the need for the military to share the misconduct of one of its members with the FBI—something that might have prevented the recent church massacre in Sutherland Springs (TX).

Expanding and tinkering with our current system of background checks is the low-hanging fruit with regard to reform as 95% of Americans support such actions.  Unfortunately, the obsession of gun safety advocates with this system has led us to lose sight of fundamental flaws in the way we screen prospective gun buyers.

Virtually every other advanced country has a national licensing system that is substantially stronger in vetting gun owners than the standard checks undertaken in a matter of minutes in the US at the point of sale.  Just over a dozen states have some form of licensing requirement.  In addition to the current federal prohibitions on gun ownership for minors, felons, the mentally ill, domestic abusers, and those dishonorably discharged from the military, an effective national licensing system would involve the following:

  • A comprehensive screening process undertaken by a designated law enforcement agency, including an in-person interview. Currently, there is no licensing requirement at the federal level and the typical background check at the time of sale, appropriately referred to as an “Instant Background Check”, involves a search of three FBI databases and takes just minutes to complete.
  • Sign off by the applicant’s current or former domestic partner (where applicable) attesting to his stability and lack of violence.
  • Successful completion of gun safety training (through written and performance-based tests), including training in the operation, safe use, handling, and storage of firearms (including child access prevention) and in laws relating to the appropriate use of force;
  • Reference checks in which the applicant’s mental fitness and use of alcohol and drugs would be probed;
  • Certificate of mental aptitude from a psychologist or other accredited professional if he or she is under 26 years of age.
  • A waiting period of 10 business days for receipt of the license would allow those bent on harming others or themselves to let their anger or self-destructive feelings dissipate.
  • The license would be valid for 5 years.

Some readers will look at this proposal and think it represents government overreach or violates the Second Amendment.  It is neither.  Many other advanced countries have requirements that are at least as exacting, if not more so.  Aside from carefully screening the population, such a licensing system sends the message that handling lethal weapons is a serious matter.  Some will object using the tired argument that criminals will circumvent the licensing system and obtain weapons illegally.  Such an argument can be used to object to all laws and, is incorrect, as many license applicants and those undergoing background checks are denied each year in the US and other countries.

Such a licensing system would be consistent with the most recent judicial interpretations of the Second Amendment.  In the context of a Supreme Court ruling that for the first time recognized an individual’s right to possess a firearm unrelated to militia service, Justice Scalia wrote in District of Columbia v. Heller (2008) that the Second Amendment right was not unlimited and that the Court’s opinion did not cast doubt on longstanding prohibitions on the possession of firearms by individuals at risk of firearm misuse or on laws imposing conditions and qualifications on the sale of guns.

 

 

 

 

 

 

 

Advertisements

Dave Buchannon – Why I Teach Gun Safety.

 

Don’t hate me, I teach people about guns.  More specifically I teach a state certified firearms safety course to people from all walks of life who want to own firearms legally and lawfully.  And I hope you won’t be offended, but the battle to protect “our Second Amendment rights”, politics, or gun violence prevention are not part of the curriculum – nor do I write about them.  Safety and responsible gun ownership are the primary rubric for this course, which everyone must take before applying for a License to Carry (LTC).

trainingIronically, in a state with some of the toughest gun laws in the country, students can pass the required safety course, get their LTC, buy a gun and walk around with it without ever having fired a single round.  Not in my class, where you have to fire five rounds at a target and I’m less concerned about your score than I am that you get a sense of what it feels like to actually establish a solid grip and stance, point the gun correctly, and pull the trigger to make it go BANG!  The sights, sounds, and smells aren’t for everyone, and that’s just fine.  But if you’re thinking of getting a gun, you need to know it feels like to shoot one.  A small handful of students have fired the first shot and put the gun down because they didn’t like it.  They didn’t like it one bit, and that’s okay.  At least they know what it feels like.

I teach, because I enjoy sharing my interest in guns with other people, especially those who are interested but haven’t been exposed to them.  On the other hand, I’ve been interested in guns since childhood – the first book I ever borrowed from my elementary school library was “Guns of the American West.”  Imagine that, a GUN book in a school library being checked-out to a second grader!  My father hunted with an old lever-action rifle but that and a snub-nosed 38 special were the only guns in the house until I got my Daisy BB gun on my 11th Christmas.  Despite being so sick I could barely get out of bed on Christmas morning I spent the next three days launching a whole milk carton full BB’s at a makeshift target set up in our garage.

Ten years later I was on the range in the Police Academy, for forty hours of extremely intense training and scoring.  What might sound like a lot of fun was really five days of grueling  work – ah, who am I kidding… it was a blast!  A ton of serious information that emphasized responsibility, skill building, instantaneous decision-making, focus, control, and responsibility, but it was also a lot of fun.  Yes, I did write “responsibility” twice, on purpose, because the responsibility for every round fired was emphasized constantly.  I still carry those lessons with me to this day, and I teach in hopes that every student leaves the classroom with a tiny sense of that same responsibility I felt after range week.

I also teach gun safety because a close friend of mine in junior high school accidentally shot his older brother while playing with the revolver their mother kept hidden in her nightstand.  The older brother died, the younger was horribly affected and lived a life haunted by that event.

I do not teach gun safety for the money, I worry a little bit about those who do.  Building a teaching practice sufficient to replace day-job income requires creating a sense of need. You “need” this training because it’s a dangerous world where attackers are lurking behind every tree and hiding around every corner.  Nothing could be further from the truth.  Statistic after statistic and study after study have proven that you have a better chance of winning the lottery than having to defend yourself with a gun against a violent crime.  Want to protect yourself from a home invasion?  Don’t become a drug dealer… simple as that.  I cannot name a single time in 30 years when I needed to defend myself against violent attack, but if you think you’ll be safer with a gun, learn everything you can about the gun, and more importantly, the law.

I teach because I really enjoy teaching, and I really enjoy guns.

Be of good cheer!

The ATF Issues A New Directive Defining Dealing In Guns But What They Say Is Not So New.

As someone who has sold more than 12,000 guns retail, which included selling guns at gun shows and over the internet, I think I know a little bit more about whether today’s White House announcements will have an impact on gun violence than does Mike Huckabee, who has already announced that he will “repeal” every one of Obama’s gun initiatives, even though most of what the President intends to do has nothing that could be repealed at all.

atf              Coincident with the White House news release and media blitz, the ATF has issued a new publication which attempts to define their notion of what constitutes being in the “business” of selling firearms, which is one of the key elements in the new Obama plan; i.e., people who sell guns privately at gun shows or online may now be required to operate as federally-licensed dealers, which means that they must conduct NICS-background checks on every gun they sell – unless, of course, the gun is transferred to another dealer.

I have read this publication with care, in particular a series of brief vignettes that give examples of people transferring guns as a business transaction as opposed to people transferring guns where no real business activity occurred.  In my judgement, this publication is totally consistent with relevant laws as well as a reflection of the approach usually taken by the ATF in regulating firearm sales: “As a general rule, you will need a license if you repetitively buy and sell firearms with the principal motive of making a profit. In contrast, if you only make occasional sales of firearms from your personal collection, you do not need to be licensed.”  And this rule applies to every venue that might be possibly used for selling guns – your store, retail space, trunk of your car, laptop computer or anywhere else.

I never had a problem complying with this rule when I sold guns at shows or over the internet because I was always a federally-licensed dealer; hence, every gun in my inventory needed to be identified as to where it came from and to whom it was then sold.  And since as a licensed dealer I could only sell to individuals after completing a background check, it didn’t matter what sales venue I used.  The ATF could (and did) inspect my documentation to insure that every gun in my inventory was properly acquired in and transferred out, and if I couldn’t produce the requisite paperwork for any particular transaction they would raise holy hell.

To provide some guidance as to what constitutes dealing in firearms, the ATF has appended 9 examples of different types of gun transfers of which 5 instances would require a dealer’s license and 4 others would not.  This is a pretty comprehensive series of examples which, to my mind, honestly reflect the basic requirements of operating with a federal dealer’s license as opposed to an individual who has a personal need or desire to transfer some guns. On the other hand, anyone behaving like the 5 ‘repetitively buying and selling’ examples who doesn’t currently have a dealer’s license should be prosecuted not just for illegal sale of guns, but for being a complete and unmitigated dope. And any current FFL-holder who sells guns to someone knowing or suspecting that this individual is engaging in repetitive, for-profit sales, is aiding and abetting straw sales – period, that’s that.

The truth is that most gun dealers buy from and sell to the same people all the time.  Even my internet sales, which were always dealer-to-dealer transactions, went to the same dealers because I trusted them and they trusted me.  Although the term ‘straw sales’ never appears in this publication, when someone buys a gun from a dealer intending to resell it privately to someone else, that’s exactly what constitutes a straw sale, and anyone who actually believes that this infringes on 2nd-Amendment rights, also probably believes that Mexico will pay for Donald Trump’s new fence.