Exactly what problem would licensure solve?
Within Constitutional limits (and without wading into a protracted argument about what those limits might be; Heller was 5-4!), devolving this question back out to the states, so states that overwhelmingly support restrictions regain some knobs to accomplish that (through licensure requirements). Letting the Laboratories of Democracy do their thing.
I don't see a fundamental reason why we'd want to take most semi-automatic rifles away from most owners, because while I don't actually believe most owners derive any practical benefits from them (I think overwhelmingly they're a hobby, not a tool), I also don't see what the point of reclaiming a firearm from someone who simply isn't going to abuse it would be.
Luty was arrested with the gun and ammunition and -quelle surprise - jailed for possession of an illegal gun.
The "Laboratories of Democracy" idea is unrealistic for firearms, and most issues. States don't control their borders. Though, it's against federal law to buy a handgun from an FFL out of state and a long gun can only be purchased out of state if said long gun is legal in a buyer's home state.
In general, do you think that gun crimes (e.g. possession of a firearm by a felon) are adequately prosecuted?
I'm not interested in talking about the US Constitution. We both already know each other's arguments. I'm not even interested in changing your opinion. I'm a lurker, but I've read your comments for years and respect you.
The logistics of your ideal scenario interest me. Canada gave up on registering long guns because it was infeasible.
Would you support a law requiring background checks for all purchase of firearms under the condition that the National Instant Criminal Background Check System (NICS) is made available for all citizens to use (not just FFLs), free of charge, using a driver's license number of the potential purchaser?
Do you think that the progression of low-cost CNC machines, such as the Ghost Gunner, is a hurdle for the gun control measures that you want implemented?
The serialized lower receiver is what is considered a firearm in America. Do you want to regulate all firearm components, such as barrels, handguards, etc?
The idea that state-by-state (or, just as likely, county-by-county) gun regulations couldn't work flies against reality; they won't keep criminals from bringing guns in, of course, but no regulation will, and that's not the intent.
I'm less interested in the general crime argument. We're not having school shooting drills because of gang shootouts in Camden. Prosecution of gun crimes is unlikely to be the intervention that solves that problem.
I generally support all viable gun control proposals; background checks are fine, but won't really address the proliferation and mass casualty problems.
I absolutely do not believe, even a little bit, than amateur gunsmithing is a meaningful factor in gun policy.
I understand that the receiver is, legally, the important part of an assault rifle; I don't so much care about firearm components. As I've said elsewhere, I'm also not generally interested in confiscation of firearms; most people who own them should be able to keep them.
Ironically, with licensure, we could probably eliminate a lot of weird NFA regulation as well.
Why do you want mandatory shall-issue licensing in America? Federal or state? I’d like to know your reasoning.
The problem with this kind argument is always that, of course, people who want to do something that happens to be illegal, and are fine with doing illegal things, will just do it anyway. Well, yeah. If that weren't the case, all law enforcement officers could immediately retire.
Certainly you can't prevent people from bringing contraband of any kind into your state (especially when it's legal in the state next door), but you can set penalties high enough to deter most people, and aggressively enforce those penalties when someone is caught.
If we're talking about reducing the number of mass shootings, and we truly believe that keeping certain guns out of people's hands will do it (which is of course debatable), then outright bans will likely get us most of the way there. If your random potential mass shooter can't get hold of any useful-for-mass-shootings weapon legally in the state where they live, they probably just won't go that route. Or, they'll use much less effective weapons and cause much less harm.
If, on the other hand, we're talking about organized crime, gang violence, etc., then sure, those people will likely manage to get their hands on banned weapons. But (for better or worse), I don't think the US public is quite as worried about that right now.
It seems to me the mass shooting, and gun crime issue generally is the responsibility of the gun lobby to solve. If a constituency wants to have a certain set of rights, and those rights have negative consequences on the rest of the population, it's the responsibility of that constituency to come up with a workable way to regulate itself. If it abrogates that responsibility, it should be prepared to forfeit those rights.
So what is the US gun community's answer to shooting sprees and gun deaths in general? It's clearly a real problem, so what's the answer? I'm not interesting in hearing why this or that gun control legislation can't work or is unfair. It's up to you, it's your problem to fix. What's your solution?
It seems pretty clear that society as a whole is responsible for finding a way to maintain safety and stability in combination with upholding the rights the society has established. We don’t demand that the solution to radical religious extremists be proposed by churches or else we ban churches.
Plenty of religions have been banned and members arrested.
Nazis and such get arrested for hate speech from time to time.
Until laws were passed to prevent it, anyone had the 'right' to make and even sell alcohol.
Most sporting bodies have governance organisations that regulate themselves, in an effort to avoid regulations being imposed by law.
The same is true of many professional organisations. In the UK the Royal College of Nurses, a trade union, gets involved in regulation of the nursing profession and advises on legislation.
Every right comes with responsibilities. At a minimum one person't right is another person's responsibility to protect and uphold. They are impositions. If you have or want a right, and wish to retain it, that comes with a responsibility to the rest of society, or they will be entirely justified in taking it away.
It's entirely normal and common for a pressure group or representative body to have input into laws and regulations. The NRA does this. It's time IMHO that they took that seriously and, along with their supporters, accepted some actual responsibility like grown adults.
What job do the football associations have that is more important, in the broader context, than this? It could destroy the sport.
Ideally a sporting body should set things up so that they don't have to spend much time on this, but it's a serious responsibility.
The NRA spends an inordinate amount of it's time trying to avoid legal restrictions on their member's activities. They spend huge resources on it. To me, that's a sign that they are not doing their job very well at all, or taking their responsibilities seriously as members of society. It's their problem to solve.
This is not something people who don't want to own guns should have to worry about. The fact that they have to is a clear abrogation of responsibility on the part of those that do.
Regarding the football comparison: there isn’t generally speaking a right to play football, and I’d prefer if sports bodies were committed to ensuring the health of players of their sport, but no, I don’t think that sports bodies should be relied upon to enforce some arbitrary standard for safety in their sport, with the threat of banning football. The football example is interesting because smashing somebody in the head as part of a football game isn’t “really assault”. If you and I agree to play football, and during the course of the game we collide and I get injured, you didn’t assault me. The problem with sports bodies is that they have several incentives that don’t align with overall player long-term health, and the players typically (especially historically) don’t have a strong enough negotiating position to push for systematic change. So to your question: no, I don’t think we should expect sports industries to carry the weight of making their sports “safe”, I think society should agree on laws that restrict sports bodies behavior so that they’re forced to operate in ways that are safe. We don’t ask construction sites to please make worker conditions safe, we set up OSHA and equivalent orgs, with regulations to mandate safety.
Regarding the job that football associations have, that’s more important than long-term health, “profit” is the answer. The football organization isn’t a benevolent charity, they exist so as to ensure their own continued existence. They also don’t represent the players, nor the fans.
Switching gears to the NRA: the NRA has a similar job. They exist in order to perpetuate their lobbying influence and perpetuate their funding. They are not an accurate picture of the average American gun owner. They push for or against policies on the basis of continuing that power, more so than any intrinsic goal of “avoiding legal restrictions on their members”, except insofar as their members are “NRA large-scale donors”, which effectively amounts to “gun manufacturers”.
Regarding it being “their problem to solve”, you still haven’t addressed my critique of that premise. Gun ownership in America is a right, written into the foundation of US government. There’s a whole body of debate as to whether or not it should be a right, whether it should be written differently, etc, but at present, gun ownership in the US is written into the constitution at a similar level to freedom of speech or protest. We don’t tell free speech advocates to find ways to limit hate speech or we ban all free speech, why would we approach this any differently?
Just curious, are you American? Because this comes across as a totally alien way of thinking - why would there be or why would you need a "right" to play football? Do I, generally speaking, have a right to stand on one leg? If I'm reading you correctly there's no right to perform any novel activity, because the right couldn't have been granted yet!
Before it was known that AF seems to consistently lead to these injuries this wasn't a problem, but now the evidence is amassing that it does, if the game doesn't get reformed there is a risk it could get sued and legislated out of existence. With that background, clearly the game doesn't have a legal right to exist, to stop that happening.
That doesn't immediately strike me as obviously true. Many states attempted to remove the unnamed right to an abortion (by which I mean, abortion is not explicitly mentioned in the Constitution); but that was struck down on 14th Amendment grounds. It wouldn't surprise me if an enterprising lawyer could contest a statewide firearm ban (assuming no second amendment) via the commerce clause, for example.
Gun ownership is only a right because a law says so, and laws are made by people. Things change. People change. Technology changes. The US constitution has been amended 27 times, and amendments have been revised or revoked by other amendments. Just look at what happened to the 18th. If you want to keep the 2nd, you'll need a better argument than because it's an amendment.
>We don’t tell free speech advocates to find ways to limit hate speech or we ban all free speech, why would we approach this any differently?
What forms of speech are allowable or not is up for debate. There are plenty of things it is illegal to say or print, and even most free speech advocates will agree with many restrictions. Free speech advocates have to fight cases all the time though, it's a constant struggle as to what can or cannot be said. Why should firearms, which weapons can or cannot be owned or carried in public, be any different?
Nobody is talking about banning all guns. That's a complete straw man. I'm not talking about banning anything. I think most people campaigning for gun restrictions aren't trying to ban all guns, or even most guns. What I'm saying though, is this is a question for you.
What is your answer, and that of your community, to this problem?
Do you think the current rate of mass shootings in America and gun deaths in general is acceptable, and if not how does it get under control?
I will put forth the argument that profit is not be the sole motive for any organization. That is a relatively new and immature [1] way of thinking about economic activity which ignores the context and environment in which economic activity takes place. Profit above all else should be considered the false narrative that it is [2]. Even if we did consider profit to be a primary motivation for an organization, that ignores that the organization is composed of people who should care about their fellow man and work to reduce the chances and effects of injuries in the people who labor for them. I will go further and propose that putting profit above the long term health of players is short-termism, a disease that affects far too many today. In fact, this disease of thinking is so bad that the executives of some of the largest corporations now need to explicitly tell people to stop thinking like that [3]. Ignoring the dangers of traumatic brain injury could have negative consequences for the long-term profit of the NFL - through lawsuits, negative publicity, and less productivity from the players.
1: See more here: https://us.macmillan.com/books/9781250185983
2: https://www.lawschool.cornell.edu/academics/clarke_business_...
3: https://www.nytimes.com/2019/08/19/business/business-roundta...
For what it’s worth, I think the gun lobby in the US does a disservice to the majority of lawful gun owners, as well as a disservice to victims of gun violence. Their primary goal as an organization seems to be remaining a large, powerful organization, and I find the majority of their policy positions and rhetoric to be fully detached from either lowering the rate of gun violence or protecting the rights of actual individual gun owners. See, for example, the waves of rhetoric leading up to each election cycle, warning that any liberal politician is going to “take our guns”. The impact here is a massive spike in gun sales and profit for gun manufacturers, despite the fact that liberal politicians haven’t had any substantial impact on individual gun ownership in a long time.
Can you imagine how unreasonable this sounds for any other rights?
Try the right to protest: "It's the responsibility of the bandana industry to regulate all protests, and since they have abrogated that responsibility, protestors must forfeit those rights."
The deal metaphor breaks down pretty clearly. If advocates of democracy don’t do enough to curtail voter fraud, society cancels the right to vote? If the auto lobby doesn’t figure out a solution for vehicle deaths, we stop building paved roads? Society as a whole is responsible for finding a way to respect granted rights and balance the risks of exercise of those rights; it’s not incumbent on specific groups to own that, just because they exercise that right.
On free speech particularly, what constitutes free speech and what speech is controlled or banned is constantly under review. Free speech advocates exist precisely because of this. If there was no issue around free speech there would be no need for advocates.
Laws around voter fraud are constantly under review. Cancelling all voting is not the only way to address electoral problems. Similarly banning all guns doesn’t have to be the only way to prevent frequent mass shootings.
Or is it? I really don’t know. You tell me. Just as electoral reformers are constantly addressing issues of democracy. As free speech advocates are constantly fighting for open discourse, why shouldn’t gun owners have to argue for and justify their privileges?
So what solution to mass killings and gun deaths do you propose? Just like anyone else exercising a right, you can legitimately be expected to justify it. Please do so.
The current situation re: mass shootings and proliferation of guns is that the Supreme Court parsed the awkardly-phrased 2nd amendment as mandating that ownership and possession of weapons be completely unrestricted and unabridged.
Part of it is that the version of the 2A that was passed by the states differs from the one ratified by the first Congress.
The original text:
> A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The ratified text:
> A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
The ultimate solution is to amend the 2nd amendment, but that would require substantial effort and consent of all states.
It’s pretty clear that we should be evaluating ways to adjust gun law in the US to prevent the kinds of violence that are occurring under the current set of rules, but we should accurately portray the current state of the world while we’re having that evaluation.
You're probably right, we can't have any serious gun control in the US as long as the 2nd Amendment remains as is, post Heller. But any state supporting the amending or repeal of the 2nd Amendment, despite that being a perfectly legal and Constitutionally approved process, will find itself turned into another Northern Ireland and any Senator or Congress person approving such a measure, should it pass, will spend the rest of their life avoiding sniper fire.
Which is why no serious attempt to touch the 2nd Amendment will ever happen. The best we can do is what we've been doing - regulate around it as much as possible, even if such attempts are doomed to be ineffective.
We can do much better than that. We can take a deep look into our own society and address the underlying reasons why people are trying to hurt themselves and others in such large numbers.
For instance, we could try to figure out why over 20,000 people per year are killing themselves with firearms. Is some aspect of their lives making them despair? If so, let's take a serious look into the causes, and try to correct them.
There are parts of the country with extremely low rates of violence and near universal gun ownership. Let's figure out what's going on in those parts of the country, and try to make the rest of the country like that.
Are there any commonalities we can identify between people who attempt to commit mass atrocities? If so, let's figure out what they are, and see if there's anything we can do to reduce the incidence of those commonalities in the general population.
How does that sound?
Sounds fine, I support everything in your comment.
However, I believe keeping guns out of the hands of people who would harm themselves and others is also a legitimate part of the solution. Unfortunately, the Supreme Court and Constitution of my country disagree with me.
Then there's the part of the gun industry that sees gun crime as a means to sell more guns to people concerned about gun crime. Rather like the international arms trade, there's lots of money in provoking conflict so you can sell to both sides.
The issue with this is that there are no border or customs checks between US states (with some rare, ad-hoc exceptions). The result of this is you get states like Indiana and Virginia selling weapons with relatively few restrictions that travel up an "iron pipeline" to cities with more restrictions like Chicago and New York.
The federal government is supposed to regulate interstate trade, but has decided that they won't regulate interstate transfer of guns _in this way_, so the most lax state law will de facto become the baseline for an entire region.
All fire arms should require a licensed operator.
>Exactly what problem would licensure solve?
It would keep guns in the hands of responsible, law-abiding people.
We've collectively decided that to be fit to drive a car you need to take classes on how to drive it and you have to have a valid license. Why this doesn't apply to guns is beyond me. People shouldn't be able to buy guns without knowing how they work, how to maintain, and how to operate them.
If we would get something similar with firearms licenses, there would probably still be too many firearms to help stop the glut of firearms.
Just because gun license wouldn't solve every single edge case doesn't make it a bad idea.
>If we would get something similar with firearms licenses, there would probably still be too many firearms to help stop the glut of firearms.
A tax and mandatory insurance for gun ownership could also be imposed like with cars. This would mean that people with licenses wouldn't want to deal guns to unlicensed people because they would still have to pay for the insurance and tax on every firearm they own.
Even if current gun owners were grandfathered in this would at least slowdown new gun ownership and obviously inherited guns would follow the new scheme.
How to load, clear, hold a gun; familiarity with different types of gun and ammo; laws and regs. I still see people doing dumb shit at the range, but generally less than when I lived in the US.
By law you don't need a PAL to get ammo or parts, but most stores around here (I'm in AB) require it for any sort of gun-related purchase.
Because people aren't concerned that in a decade or three, politicians are going to use the registry of motor vehicle licenses to help them in confiscating motor vehicles from normal people who want to keep them around in order to protect their families.
The political psychology point is well taken, of course; the problem with all gun control proposals in the US is that they're perceived, with some validity, to be a slippery slope towards universal confiscation, the same way abortion regulation is perceived as a slippery slope to a universal ban.
But in the airless vacuum of a message board we should be able to discuss the proposals on their merits without being chained to partisan political analyses.
But my broader point is just common sense: people are far more dependent on cars than on firearms; regulating access to driving privileges offers governments more tools than access to firearms does.
And do you think they're going to poke their noses equally around homes belonging to known gun owners as they do those of non gun owners?
>people are far more dependent on cars than on firearms
Sure, but some people benefit a lot more from the proliferation of firearms than other people do, and the people who are harmed by the proliferation of firearms have a much stronger motivation to remove them than do people that are harmed by the proliferation of cars.
No one is really concerned that the government is going to stop people from being able to drive cars without a viable alternative that works for the vast majority. There is concern that the government is going to stop normal people from owning guns, eventually. They don't need to confiscate them to do that, they just need to institute mandatory background checks so it's illegal to hand your guns down to your kids without government permission, and gradually make it more difficult to get a license, and then legal gun owners die off and all there are left are the lawbreakers.
Unless you bought you gun and ammunition using cash there already is a paper trail leading straight to you.
That makes a registry of limited value. If they ban a gun you own, and they come looking for yours because it was in the registry, you can say "I don't have it any more", and that will not be a confession to a crime that is punishable by jail time and a lifetime ban on gun ownership.
(Again: I think another problem with firearms regulations is that they've been based on bans, when what's in fact needed is licensure --- in the US, for historical reasons, probably presumptively-issued licenses).