Perhaps it's because I see nothing on the horizon that threatens controversy, since the discussion of a nascent smoking ordinance surely won't ruffle any feathers. Or perhaps it's because I just can't stand the implications of the recent U.S. Supreme Court ruling striking down the D.C. handgun law. But whatever the inner current, I'd like to make a modest proposal which has plenty of obvious local effect but little chance for local birthing.
The National Rifle Association has become the recognized voice for all in the U.S. who own guns or hunt. Find a gun owner or a committed shooting hobbyist and I'm not sure they would assign such high position to this organization but the media are sure willing to make the assumption that the NRA offers the definitive view of the place of firearms in our country. It's kind of like the Beef Council's opinion of "what's for dinner", but the media in its varied forms is not known for discernment.
My modest proposal is an odds-on loser with the NRA. I don't, however, think I've seen this particular trial balloon aloft. I think only infrequently about guns, and then mostly the thought that I don't want one launching a lead projectile in my direction. (I don't see the need to hurl lead in the direction of other living creatures either since we've long established that protein can be harvested from many other sources, nuts, cheese, Krogers to name a few. But truly that's another topic for another day.)
My proposal is simply this: a license for firearms users and stiff, hefty, onerous fines and sentences for those caught in possession of a firearm and no license.
The NRA wants nothing to do with gun registration. It wants nothing which could lead to confiscation of firearms; this is the scenario that ends in someone's cold dead fingers being pried from the barrel of a gun. Is it possible the NRA could stomach licensing of firearms users?
The license would be issued to those without felony records, who have no history of serious mental illness, and who have completed a gun safety course offered by qualified instructors.
This would place the use of a deadly instrument into the hands of those at least nominally and minimally qualified to do so; similar to the licensing of operators of automobiles. Those caught in possession of a firearm of any kind, but without a license would face a fine and/or sentence, possibly including forfeiture of the gun.
Since this in no way states that the owner of a license is also the owner of a gun, it could not be construed as registration of firearms. It could prevent the purchase of guns at gun shows if a purchase is attempted by an unlicensed buyer.
Of course the standard refrain could often be true here. A criminal would likely not have a license for the gun used in a crime. So what? At least law abiding citizens would have to prove they are nominally competent to own a gun. That's an improvement over what we have now. And it might prevent some of the needlessly tragic accidental shootings of children by children as the parents are better educated about safety. It might possibly have prevented an incident such as the shooting last week in Henderson, Kentucky, which was carried out by a man with mental illness.
Licensing of gun users seems like a sensible response to the obvious danger posed by the proliferation of guns in America. This proliferation suggests a climate not too unlike the Wild West. The NRA's response to the Supreme Court case, on the other hand, is just plain nuts. The NRA has filed suit against the Public Housing Authority in San Francisco to disallow a gun ban within public housing property.
If the NRA gets its way, its theory goes, more people will be armed and those who pull a gun are thereby more likely to be shot down by their fellow citizens, thus insuring safety for the residents of public housing. And they wonder why people call them "gun nuts".
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4 comments:
John, John, this type of law already exists. It is called a permit and allows the permit holder to legally carry a gun on them or in their car. Every law abiding citizen is entitled to own a gun and keep it in their house for protection, and you are certainly not one to pry behind closed doors, are you? The fact is that a person without a permit is not allowed to carry the gun in their car or concealed on their person. Indiana does not require a safety class like Kentucky, but there is no evidence that one is needed either. I am a member of the NRA and yes, we do believe that guns are regulated and restricted enough. Individual liberty is the precedent and the Supreme Court finally got one right.
Daniel:
The NRA doesn't seem to agree.
Below my response is a series of prompts and responses posted by the NRA relative to Indiana gun laws.
My point was to require ANYONE who uses a gun to be licensed to do so.
The person is licensed, not the gun itself. This places the responsibility for gaining safety knowledge squarely on the shoulders of the gun owner. This should provide a modicum of safety for the "teetoters" among us.
Those who choose to use a gun without a license would be taking a risk of serious fines and or loss of the gun.
This would in no way restrict a gun owner's rights. It would simply mandate responsibility where no such mandate now exists.
And, of course, I think it's plain crazy to add weaponry to the volatile situation extant in many public housing projects. We often hear of the higher incidence of drugs, violence, unemployment and, regretably,a generally less hopeful future for the residents of these communities. Following the NRA's lead then, Why not introduce guns into this bleak scene?
Incidentally, I am a former member of the NRA.
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Rifles and Shotguns
Permit to purchase rifles and shotguns? No.
Registration of rifles and shotguns? No.
Licensing of owners of rifles and shotguns? No.
Permit to carry rifles and shotguns? No.
Handguns
Permit to purchase handgun? No.
Registration of handguns? No.
Licensing of owners of handguns? No.
Permit to carry handguns? Yes.
Purchase:
It is generally unlawful to sell or transfer possession of a handgun to a person under 18 except if the gun comes from the juvenile's parent or guardian.
It is unlawful for any person to sell or give a firearm to any person whom he has a reasonable cause to believe has been convicted of a felony, a drug abuser or under the influence of a drug, an alcohol abuser or in a state of intoxication, or is mentally incompetent.
The regulation of the sale of handguns shall apply equally to the occasional sale, trade, or transfer between individual persons and to retail transactions between dealers and individual persons.
A dealer may not sell, rent, trade, or transfer a handgun to a person until the dealer has complied with the Federal regulations requiring a NICS background check.
If a buyer or transferee is denied the right to purchase a handgun because of erroneous criminal history information, they may exercise the right of access to and review and correction of criminal history information.
Exempt from the instant check are law enforcement officers, holders of an Indiana concealed carry license and transactions between licensed firearms importers, collectors, firearms manufacturers or dealers.
Possession:
No state permit is required for the possession of a rifle, shotgun, or handgun.
It is unlawful for an adult to provide a firearm to a child or for a child to possesses a firearm except while the child is:
Attending a hunter safety or firearms safety course and an adult is supervising the child during the course.
Target shooting at a range or in an area where the discharge of a firearm is not prohibited or supervised by a qualified firearms instructor or adult while at the range.
Engaging in an organized firearm competition or practicing for a performance by an organized group that uses firearms as a part of a performance.
Lawfully hunting or trapping with a license.
Traveling with an unloaded firearm to or from an activity described in this section.
On real property that is under the control of the child’s parent, an adult family member, or legal guardian and has permission from the child's parent or legal guardian to possess a firearm.
At the child's residence and has the permission of the child's parent, an adult family member or legal guardian to possess a firearm.
It is unlawful to possess a firearm on school property, property used for a school function, or a school bus. This prohibition shall not apply to a person who may legally possesses a firearm and possess the firearm in a motor vehicle while transporting another person to or from school or a school function.
Carrying:
No person shall carry a handgun in any vehicle or on or about his person without a license being in his possession. Exceptions to carrying without a license include:
Carrying in one's dwelling, on one's property or fixed place of business.
Law enforcement officers and authorized corrections and judicial officers; military personnel while on duty.
Regularly enrolled members of any organization authorized to purchase or receive weapons from the U.S. or from Indiana while they are at or going to or from their place of assembly or target practice.
Employees of the U.S. duly authorized to carry handguns.
Express company employees when engaged in company business.
Persons engaged in the firearms business in the usual or ordinary course of that business, or any person while carrying a handgun unloaded and in a secure wrapper from the place of purchase to their home or business, or to and from a place of repair or in moving from one place of abode or business to another.
An application for a license to carry a handgun must be made to the chief law enforcement officer of the municipality where the applicant resides, or to the sheriff of the county where the applicant resides or has a business or employment.
The application contains identifying information on the applicant. The officer to whom the application is made shall conduct an investigation into the applicant's official records and verify his character, reputation, and information contained in the application.
The information together with his recommendation and one set of fingerprints are forwarded to the superintendent. The superintendent may make whatever further investigation he deems necessary.
The superintendent will issue either a qualified or an unlimited license to carry any handgun lawfully possessed by the applicant.
As of August, 2006 proper reasons for a qualified license are hunting and target practice.
The term "proper person" includes a person:
Who is 18 and has not been convicted of a crime which carries a sentence in excess of one year.
Who is not a drug or alcohol abuser, does not have a reputation or propensity for violence or instability.
Who has not made a false statement of material fact on his application.
Does not have a conviction for resisting law enforcement or of violating Indiana's weapon laws within five years of the application.
Does not have an adjudication as a delinquent child for an act that would be a felony if committed by an adult if the applicant is less that 23.
An arrest for a Class A or Class B felony, or other felony that was committed while armed or involved violence, may be used to deny a license even if there was no conviction, if the court has found probable cause to believe that the person committed the offense.
Every initial application will be granted or rejected within sixty days. Current licenses are valid for four years from the date of Issuance. Indiana also offers lifetime permits.
Miscellaneous
Local government, with a few exceptions, may not regulate the ownership, possession, sale, transfer, or transportation of firearms or ammunition.
No person shall make any loan secured by a mortgage, deposit, or pledge of a handgun.
No person shall change, alter, remove, or obliterate the name of the maker, model, manufacturer's serial number, or other mark of identification on any handgun, or possess such handgun, except as provided by applicable U.S. statute.
It is a felony to recklessly, knowingly, or intentionally perform an act creating a substantial risk of bodily injury or to inflict bodily Injury while armed with a deadly weapon.
It is unlawful to shoot upon or across a road.
Unless designated as a hunting, firearm sport, or archery area, it is unlawful to discharge a firearm inside a park that falls within the jurisdiction of a county board.
A person shall not operate an "off road vehicle" or a snowmobile while transporting a firearm, unless unloaded and securely encased or equipped with and made inoperative by a key lock trigger housing mechanism.
A student who is in possession of a firearm upon school property must be expelled.
See Also: National Rifle Association of America, Institute for Legislative Action
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John,
I carry, and I carry quite often. I am licensed, trained etc.
However there are instances where no licensing is required. (in the case of "long guns" not concealed)
Fundamentally speaking, the NRA sickens me.
On the purchasing of firearms, legal dealers must perform a background check on the proposed buyer and get an authorization number from a federal clearinghouse to sell the gun, which then becomes the registration of the firearm, linking it back to the original purchaser.
I am a "retired hunter", and my weapon of choice in animal hunting now is a Nikon DLSR, but myself and my family are enthusiastic about range shooting, all the way down to my young daughter.
No laws, no matter how strict, how detailed will stop any gun violence. Those with the intentions of committing a crime WILL find a way to get their hands on a firearm, black market dealers, Identity theft, hell for that fact, making a gun themselves, which is not hard to do.
All we can do to prevent further gun violence is to continue to seek better care for the mentally imbalanced, more severe sentencing and intervention in YOUNG criminals, etc.
Guns are not the true problem, just a symptom of a much larger metastatic illness in our society and it gravitation towards violence as a means to deal with any disagreements.
Well put Chris d...the laws are good already, but criminals by nature are not law-abiding. It's the same argument for drug law reform, the drugs, and restricting the hell outta them is not the answer, the drug abuse is a symptom of a larger cultural/socio-economic environment that, depending on your point of view, requires a much different approach. For instance, gun violence declined dramatically in New York city in the early 80's and some economists have published data that suggests it was the availability of birth control and abortion 13-17 earlier that had caused it, as many fewer children were being born into poverty and neglect, the children most likely to grow up to be teenagers starting lives of crime.
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