As usual, I took my sweet time going through what the President proposed last week. My general impression now is the same as my initial impression: underwhelmed. It's not that it is just the predictable pledges to make bureaucracy work(this time!) and the sops for the "Do Something" crowd, it's the lack of imagination and vision toward doing something meaningful about both mass killings and what has become the background noise of violence on our meanest streets.
The devil is in the details, as always, so until there are specific pieces of legislation or specific regulations it is hard to gauge exactly what we are talking about. For example, banning the manufacture of ammo magazines that hold more than ten rounds is nothing but fluff if it grandfather's in the millions and millions of larger capacity magazines already out there. A total prohibition though, is almost certain to turn out like every other prohibition in society: Most law-abiding citizens will comply, those already disposed to commit gun crimes will not. The same goes for banning so-called "assault weapons."
We can see a few things though, and about 12 of President Obama's 23 executive actions I categorize as basically bureaucratic in nature, and some of those a bit irritating. Take #1:
1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background check system.
Not that there's anything wrong with that, but the National Instant Criminal Background Check System has been around since the last part 1998. Why the hell isn't that happeneing already?
Ditto for #11: "Nominate an ATF Director." Good idea! That's long been a standoff between the President and the Senate, but I see no evidence that either party has done a damn thing to deal with each other's concerns and get the job done. That's an utter lack of leadership on the part of the President and the senior members of both parties in the Senate.
#13 is "Maximize enforcement efforts to prevent gun violence and prosecute gun crime." That seems to be an admission that one of the strongest arguments of the gun rights side, enforce existing laws before adding more, has more than a little credence. If Dawn Nguyen is actually guilty of "straw purchasing" the guns for the man who murdered two firefighters on Christmas Eve last year, I want first to see an example made of her and second to see many more highly visible prosecutions for the same crime. If someone legally buys a gun and then hands it off or sells it to someone they know is prohibited from possessing firearms, they ought to fear a ten year sentence for just one infraction. (more on universal background check in a minute)
As for the rest, #3, 4, 5, 6, 8, 9, 10, 14, 15, are things that mainly work around the edges, not that they are bad ideas, just don't expect much(#14 I hit the other day).
#2, 16, 17, 20-23 focus on mental health resources and reporting. They are all worthwhile efforts to explore, but we need to tread lightly when it comes to involving mental health professionals working outside of the criminal justice system. We don't want some guy who is feeling a little depressed to be afraid of getting help for fear that he will have his guns taken away just for talking to a counselor of one kind or another. At this stage I would be thankful just to see guys like Christian Oberender, who the criminal justice system already knows are mentally unstable, not slip through the cracks.
#7 and 19 are right out of the NRA playbook, and #18 is what the NRA proposed that ignited so much indignation three weeks ago. Funny how quiet it's been the last few days on that score.
Like #12 though, 18 is really a local issue and not a federal one. I realize that Uncle Sugar is always there with his magical "federal dollars," but local cities and states need to be accountable for their own police funding. I know, the 10th Amendment is dead, but I still honor it.
The idea of universal background checks has some merit, but it will be resisted because it will be difficult to enforce without the record keeping to go along with it. That record keeping could easily result in the much hated and feared national registration system. Let's face it though, such a registration/tracking system combined with a much improved NICS system could do a lot to create accountability and help keep guns out of the hands of criminals. It might be the one thing that could have alerted police that Adam Lanza was disturbed and lived in a house with three guns.
I'm sure that any gun rights readers are getting a little nervous here, and as a gun owner I understand that, but hang in there for a minute, because this is where the failure of imagination comes in. What if we could come up with a solution that would get much of what the gun control proponents want, but would also formally assuage the fears of gun rights groups?
What I propose is a grand bargain that would allow much tighter registration and tracking of guns, and gun owners, in return for a Constitutional Amendment that would explicitly end the still festering debate about the meaning of the 2nd Amendment. Gun control advocates would get real visibility and regulation of guns, and gun rights advocates would get an unambiguous Constitutional right to individually keep and bear arms.
I know some gun rights advocates will instinctively object to registration as the first step to confiscation, but what I'm saying is that such an amendment would actually make confiscation an act of treason and morally indefensible. With unambiguous language no government or Supreme Court majority could overturn it and allow confiscation without losing all moral authority over the people, with all of the deadly serious connotations that go with that.
It's something to chew over at least. Most gun control opponents claim they don't want an actual ban on guns, just reasonable control over deadly weapons. Most gun rights advocates claim they agree with reasonable restrictions so people who shouldn't have firearms can't get them. Maybe it's not that hard to do both.
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