Pt. 1
Pt. 2
Gun Laws
You hear screaming and what sounds like gunfire, while
you are at work. You remember your office training; Run, Hide, Fight. You grab
the only weapon you have which is a pen. You reside in a state like California,
which doesn’t allow you to bring your firearm to work, so you cower and hide
under your desk in fear. According to the NRA in the state of California, “It
is unlawful to carry a loaded rifle, shotgun, or handgun in any public place or
on any public street in an incorporated area or an area where firing a firearm
is prohibited” (NRA). These absurd gun laws are a growing epidemic where law
abiding citizens are not allowed to protect themselves.
The
Firearms Owners' Protection Act (FOPA) was enacted on May 19, 1986 by
President, Ronald Reagan which started these absurd gun laws. The FOPA enacted
a law to ban all full-auto machine guns, which is defined as more than 1 bullet
coming out of the weapon after each trigger pull. Any full-auto weapon made
before May 1986 is still legal, but is regulated by the Bureau of Alcohol,
Tobacco, Firearms and Explosives (BATF). It also makes the BATF the government
regulator, which means paperwork for registration of short barrel rifles with
barrels under 16”, and short barreled shotguns with barrels under 18,
suppressors, destructive devices, and AOW, (which means Any Other Weapon),
collecting fees for gun ownership, and waiting times up to 3 to 6 months for
processing. When full autos were banned in May 1986 more than “183K registered
guns”(C, Alex) were still in existence and being bought, sold and traded by gun
dealers and private citizens, since they were manufactured before May 1986.
This law is absurd because you can still buy a full auto that was manufactured
before May 1986 if you have the money.
Registered firearm dealers can outmaneuver gun
laws in certain circumstances. Police
departments are contracting with firearm dealers to make them demo weapons,
such as full automatic firearms. There no restriction to how many you can make,
and on top of that you can make ‘demo’ models just to show the PD different
weapon platforms. So for instance, I am a dealer and the PD wants to buy full
auto rifles. I make 3-4 different full autos out of common weapons, the PD then
chooses their firearms and I start production. I can now keep the full auto
demos. The only way the dealer loses that privilege is if they lose their
Dealer permit, then they have to destroy the full autos. So as long as you are
in business and pay taxes you can make all the full autos you want.
Another flaw with the FAPA law is with the registration
process and screening done by the BATF. Anyone legally allowed to buy a weapon
would also be able to buy a SBR, SBS, Suppressors, destructive devices, and AOW.
All you need to do is fill out 2 forms, pay $300, and wait 3-6 months. This is
a flaw because of how easy it is to buy these ‘Restricted’ weapons.
Other absurd firearm laws are all the different and
confusing individual State laws. One example of an absurd firearm law is in the
state of California, which requires you to register your firearms, and only
allow standard round magazines which mean no more than 10 rounds. Right across
the border, in the state of Arizona, citizen’s don’t have to register their
firearms, can have Hi-cap magazines (more than 10 rounds), and you don’t need a
permit to conceal or open carry in Arizona. In the state of Illinois, within
the Chicago city limits there is a city ordinance making “assault weapons”
illegal to have in the city, examples of assault weapons are semi-automatic all
AKs and ARs. “Any shotgun which contains its ammunition in a revolving
cylinder, such as (but not limited to) the Street Sweeper and Striker 12” (City
of Chicago Regulation Defining), but these weapons are legal outside of Chicago
city limits.
Federal law has the most absurd laws. To own a weapon in
the United States you need to be 18 and it doesn’t matter if it’s a handgun or
a long gun. In Texas, you can legally own any form of weapon at 18, but
federally licensed firearm dealers cannot sell handguns or ammunition to people
under 21. Private sales are not
regulated by BATF. An example of owning a weapon at 18 is if a family member
buys you a handgun and gives it to you as a gift, this makes it perfectly
legal. The straw law is an illegal law
where, “A straw purchaser is a person with a clean background who purchases
firearms specifically on behalf of a person prohibited from purchasing a
firearm because he or she is a…juvenile, mentally ill individual or other
federally or state-defined prohibited person” (Straw Purchases Policy Summary).
This also includes ammunition, you cannot buy handgun ammo until you are 21 but
you can own a handgun. This law makes no sense because people under the age of
21 can own a firearm.
Gun show loopholes, are a loophole in the background
check for firearms. Private sales of guns are not regulated be the federal
government and only a handful of states have just started to regulate them. One
state which does this is Illinois, “From knowingly purchasing or attempting to
purchase a firearm with the intent to deliver that firearm to another person
who is prohibited by federal or state law from possessing a firearm;” (Straw
Purchases Policy Summary). Many states
haven’t adopted regulations of private sales of weapons, therefore, private
sales of weapons don’t require a background check and guns aren’t even
registered in most states. There is no transfer of firearm paperwork
involved.
Absurd gun laws exist at the local,
state and federal levels. The second amendment of the Constitution the “right
to bear arms” is heavily supported by the NRA (National Rifle Association.)
This organization consists of over 5 million Americans (NRA-ILA). Gun Ownership
is at an all time high and there are more guns in America than citizens.
Logical gun laws in the United States do not exist. A
majority of Republicans and the NRA do not support any gun laws which constrict
rights of the Second Amendment. On the
other side of the spectrum the majority of Democrats and anti-gun citizens do
support gun laws. The Democrats logical solution is a, “ nationwide ban on
assault weapons, a nationwide ban on high-capacity magazines of over ten
rounds, and nationwide expanded background checks that address unsafe
loopholes” ("Bernie Sanders on Gun Policy"). The solutions to the nationwide epidemic of
gun control run from the extreme to the absurd. Complete ban of all guns, which
they have tried in Australia, the registration of all guns existing today, and federal
background checks and the flaws within this system
A solution that has been tried in Australia in 1996 was
to ban weapons. This happened because of a mass shooting in Port Arthur which
killed 35 people in April, 1996 by Martian Bryant. The Prime Minister, John
Howard, imposed severe gun laws. Australia has 6 states which all agreed to ban
semi-automatic rifles and shotguns. Background checks require 28 days and you
must have a valid reason to own a gun (Beck). This legislation was passed in
only 12 days. This has helped eliminate mass shootings in Australia, but gun
violence is still in existence with an increase in gun ownership today.
This solution would not work in the United States. First
we would have to get all 50 states on board compared to just 6 in Australia.
Every state in the U.S. has their own individual gun control laws and even
cities like Chicago have even more gun laws which are tougher but only apply to
the Chicago area. Also, Australia does not have a Second Amendment, “right to keep
and bear arms”, which is a personal freedom that has a very strong and faithful
following with powerful lobby groups like the NRA. Finally, legislation took
only 12 days to pass which could never happen in the U.S. This year in January,
President Obama put forth some of the same recommendations that Vice President,
Joe Biden did in January of 2013 (Farley). Unfortunately, none of the
recommendations for gun control laws were even passed through Congress since
2013.
Registration of all existing guns is a very absurd idea,
but registration of new guns does occur. U.S. citizens, who legally purchase a
weapon from a federally licensed dealer, do fill out forms and go through a National
Instant Criminal Background Check System (NICS) out of Clarksburg, West
Virginia which is run by the FBI. The problem with this solution is it can
exclude gun shows sellers, which is known as the gun show loophole (Magoon).
These dealers do not have to be federally licensed to sell their weapons. On
the flip side, I did attend a gun show in Houston 2 weekends ago and my dad did
purchase a high power flashlight for my pistol. I did notice that almost all
the dealers did run background checks on buyers purchasing their weapons.
The problems that exist
with the NICS system is that individuals who have been diagnosed or treated for
some type of mental illness have not been recognized by the court system as
such, therefore, no record exists and no data is available in the system for
the background check. These disturbed people can and do purchase firearms
legally or at gun show. Criminals can also purchase guns from gun shows or
private citizens. Even if a background check was done for a criminal by a
federally licensed dealer, he might still be able to purchase a weapon because
of the incomplete listing of criminal cases in the data base.
One
of the workable solutions which President Obama stated in his January 2016
proposal has been to get the “Bureau of Alcohol, Tobacco, Firearms and
Explosives to “clarify” that anyone “engaged in the business” of selling
firearms — even if the seller operates over the Internet or at gun shows — must
get a license and conduct background checks”. In other words, Obama said, “It’s
not where you do it, but what you do” (Farley). Internet dealers were also
cited for selling firearms and need to perform background checks on buyers.
Staffing increases of 230 FBI agents and 200 ATF agents is proposed with a 2017
budget. This would also help with
background checks and also help track illegal firearms. Criminal prosecution
would be enforced for those selling without a required firearm license. Obama
also mentioned $500 million which could help improve mental health services.
Since most mass shootings seem to be done by individuals that either have had
some type of mental illness or depression.
Workable
solutions are viable in the United States, and according to a 2014 Gallop Poll,
55% of Americans favor strict gun control laws (Guns). The poll also presented
views from citizens showing that even with stricter gun laws they did not see
mass shootings as decreasing (Guns). The
polls indicated that 86% favored universal background checks over all 50
states. 63% polled in 2014 also believed that having a gun in their home made
them feel safer (Guns). This might stem from all the news media of violent
criminal acts. Also, 58% of Americans view the NRA as favorable which goes to
show why so many Americans own guns (Guns). The NRA is such a strong group and
has a very large following compared to any other country in the world.
Camus
would enjoy the conflict over gun control in America. Gun ownership started out
like The Plague with a small
population in the late 1700’s owning guns but now has turned into an epidemic.
Unfortunately, this is one epidemic that cannot be stopped. Camus might believe
that the average citizen does not need to own a gun in this time period. I
think he would believe in the government, military and police as the only
population with rights to own weapons. The average citizen does not need to
hunt and kill animals for food anymore and I don’t think he would believe in guns
for sport. I think he would be very conservative in his views on gun ownership
and steer more to gun safety than belonging to the NRA. If Camus were to take a
side he would want to remove firearms from everyone due to his belief in non
violence and would want people to question life instead of firearm ownership.
The
social epidemic of gun control and laws is clearly divided by the citizens of
the United States. The major problem lies with American citizens who believe
that any type of gun law is a restriction on their Second Amendment right. This
right is upheld in courts throughout the United States which makes our country
very unusual in our thought process on guns. A Pew Research Poll taken in
December, 2014 shows a shift in Americans by 52% who view Gun Ownership rights
as more important than Gun Laws 46% (Miller). Also, one of the biggest lobbyist
groups in the U.S., the NRA which even has it owns Lobby group that helps thwart
politicians from enacting too many restrictive gun control laws. Political
parties are also divided on this topic and if Americans wish to have more gun
laws enacted they need to vote for the party they believe will be successful in
generating them in Congress. The federal government should take charge and be
more powerful in finding a way to control the situation of gun control with all
50 states.
Gun
control is a growing topic in America. With no clear political lines between
Democrats and Republicans for and against gun control, only time will tell if
America makes gun control laws which protect citizens while not infringing upon
the Second Amendment.
Works Cited
Beck, Katie. "Are Australia's Gun Laws the
Solution for the US?" BBC News.
BBC News Service9, 9 Dec. 2015. Web. 08 May 2016.
"Bernie Sanders on Gun Policy." FeelTheBernorg. 2016. Web. 23 Mar. 2016.
C,
Alex. "Machine Guns Are Legal: A Practical Guide to Full Auto - The
Firearm Blog." The Firearm Blog, 21 May 2014. Web. 24 Feb. 2016.
"City
of Chicago Regulation Defining “Assault Weapon”." City of Chicago
Regulation Defining “Assault Weapon”. 13 Aug. 2009. Web. 24 Feb. 2016.
Farley, Robert. "Sorting Out Obama’s Gun
Proposal." FactCheckorg. Fact
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Friedman, Lauri S., ed. Gun Control. Detroit: Greenhaven, 2009. Print.
Gerdes, Louise I. Guns and Crime. Detroit, MI: Greenhaven, 2008. Print.
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Magoon, Kekla. Gun
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Masters, Jonathan. "Gun Control Around the
World: A Primer." The Atlantic.
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Miller, Mike. "New Poll Shows Major Shift in
How Americans View the 2nd Amendment and Gun Control." Independent Journal Review. 20 Apr.
2015. Web. 08 May 2016.
"NRA-ILA
| California State Profile." NRA-ILA.Web. 15 Feb. 2016.
"Straw
Purchases Policy Summary." Law Center to Prevent Gun Violence RSS. 21 May
2012. Web. 02 Mar. 2016.
Stein, Sam. "Obama Gun Control Proposals
Unveiled, Marking Biggest Legislative Effort In A Generation." The Huffington Post.
TheHuffingtonPost.com, 17 Jan. 2013. Web. 08 May 2016.
Ziff, John. Gun
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