We need common sense gun control to protect the public’s safety.
The Second Amendment guarantees our right to bear arms, and I stand by those rights.
However, like all of other rights, our right to bear arms is not absolute. This right, even more so than others, also comes with responsibilities.
First, let’s distinguish between the needs of most gun owners and the needs of gun enthusiasts.
Casual Gun Owners
I would propose that a background check be required before any one is allowed to purchase or possess a firearm. That would not only include gun shows, but private transactions as well, even including gifts from family members and friends. No exceptions.
I would enact a 30-day waiting period before anyone could take possession of a firearm. The 30-day waiting period could be waived by a judge if circumstances warranted. This 30-day period would not apply to those using guns at gun clubs, or as part of their job, or during a safari or other such organized activity.
Once you pass a background check and wait 30 days, you can purchase a firearm, but not an assault rifle or military-grade weapon. You would also be limited to four guns per year.
Gun Enthusiasts
Now, for the gun enthusiasts and collectors, I would propose a second program. There would be a National Permit and would replace state concealed weapon permits.
To get the permit, you would have to pass a much more thorough background check with stricter requirements, take a gun safety course, and carry liability insurance.
Once you have the permit, you could purchase a gun without any waiting period, and the merchant would only have to make a quick call to verify that the permit is still valid. Permit holders could also take an extended safety course and would be allowed to purchase assault military-grade weapons, and would not be limited to four guns per year.
These National Permits be valid nationwide and would permit holders to carry concealed weapons wherever concealed weapons are allowed to be carried in each state. (States would still have to right to limit locations where they could be carried.)
All the background checks would be done through a single process, and all law enforcement agencies and courts would be required to report arrests and convictions to this single point. THIS IS NOT THAT HARD TO DO. Private companies that provide background checks to employers already do this on their own.
Guns Must Be Secured
All gun owners must secure their guns in a gun safe that is secured to the building or vehicle, or something with similar or better security. This should not be optional; failure to secure your weapon should be at least a First Degree Misdemeanor, and a felony if the weapon is taken by someone who later uses it unlawfully.
Red Flag Laws
Red Flag laws allow law enforcement officers to quickly take possession of weapons from someone who poses an immediate threat to their own safety or the safety of others. But we must be careful to weight the rights of the public against the rights of the individual. To ensure this balance, red flag laws should be carefully constructed:
(1) Only a law enforcement officer or a medical professional should be able to initiate the proceedings. Family members cannot do so, although they can report the individual to law enforcement.
(2) When a medical professional or law enforcement officers feels that there is an imminent danger, they can seek a warrant from a judge in the same manner as is done for a search warrant. This warrant would allow a law enforcement officer to take possession of the weapons and hold them for up to five days.
(3) Within 5 days, an evidentiary hearing must be held to determine if there is cause to hold the weapons for a longer time. An attorney must be provided to the individual whose weapon’s were seized. If cause was found, additional hearings must be held every 90 days or until the danger no longer exists or the person is formally charged.
Addressing Gun Control Objections
Now, before people start writing their objections to the common sense gun control measures outlined above, please read the remarks below:
Background Checks
I know we will never completely prevent guns from falling into the wrong hands. But every time we do prevent one, that means lives have been potentially saved.
Background checks will not stop people who have no criminal past or history of mental illness. But Universal Background checks will prevent common criminals from easily obtaining access. They have already stopped over 3 million of them. If we close the loopholes, we could stop many more.
It has been argued that background checks won’t stop criminals from getting guns because they won’t follow the law. That is flawed thinking. Right now, without universal background checks, a law-abiding citizen can purchase a gun from a gun store after passing a background check, then sell or give it to someone who could not pass a background check. If questioned, they could claim that they did not know the person was a felon or otherwise not allowed to possess firearms. But, with universal background checks, this could no longer happen. If someone sold or gave a firearm to a criminal without doing the background check, they would be breaking the law, and could be prosecuted.
Background checks won’t stop criminals from stealing guns or buying them from other criminals, but it would sure make it harder for them to get guns.
Waiting Periods
Waiting Periods will allow enraged persons time to cool down, and possibly allow deranged people more time to be noticed and helped by those around them. A 30 day waiting period for the average person is not unreasonable. If you are in a situation where you need a gun quicker than that, you probably are in a situation where you need more help than a gun would provide. If you have time to get to a gun store, you have time to get to take actions that will not require the immediate use of a gun.
Related Blog Articles on Gun Control
Mental Health or Gun Problem? Really?
“How to pass Laws for Guns and Voting” for Dummies and Congress.
Additional Gun Control Resources
https://www.politico.com/news/magazine/2021/03/29/6-bold-ideas-gun-reform-478423