Democrats believe that expanded background checks will curb gun violence, and are planning legislation towards that end:
House Democrats Pledge Passage Of Expanded Gun Background Checks Bill
Unfortunately, their efforts will do little but provide the government with more data on law-abiding gun owners while interfering with their constitutional rights. Any limits on such rights should dis-proportionally effect the criminals they target, rather than the vast majority of the population who are not involved in crime.
The fact is that, according to a past study by the Department of Justice, almost 40% of crime guns were obtained from friends and family with almost another 40% from illegal street sources. Approximately 12% were purchased legally from a licensed dealer. This means that only 8% of crime guns (including 0.7% purchased at gun shows) will be affected by expanded background checks.
To really have an impact on gun crime we must work to eliminate the supply of crime guns from friends/family and illegal street sources. One way we can do this while preserving rights guaranteed under the 2nd amendment is to pass a law making it illegal, with or without knowledge of their status, to pass a firearm to a prohibited individual. This law should include a low-cost or free means for the general public to verify that a buyer is not prohibited and facilitate the firearms transfer. This could be accomplished through a background check similar to that now in place in most jurisdictions, but administered by the local police or sheriff’s department for a nominal fee. The law should also require that all crime guns used by prohibited individuals be traced to their source and – where applicable – the source charged with illegal transfer of a firearm. The law should also include a penalty or sentence enhancement for criminals who do not cooperate in the tracing of firearms they use in a crime.
In this way the transfer of firearms between well-acquainted parties is not restricted, but the risk is assumed by the transferer. This will encourage use of the free or low-cost police-based background check and transfer system when even the slightest doubt exists. At the same time it will encourage criminals to assist in the tracing of their guns, resulting in prosecution of those who provide prohibited individuals with firearms and thus reduce the illegal supply on which they depend.
So, in summary, Congress should instead pass a law that:
- Criminalizes the transfer of a firearm to a prohibited person, whether or not their status was known to the transferer, unless a licensed firearms transfer service is used.
- Allows private transfers between well-acquainted parties, so long as the transferer assumes the risk of criminal charges in the event the transferee is a prohibited individual.
- Establishes a low-cost or free law-enforcement based firearms transfer system for the general public to use that frees them from criminal liability.
- Traces every crime firearm to its source, and prosecutes those who provide these firearms.
- Provides sentence enhancements for criminals who do not assist in the tracing of their firearms.
If we start locking up those who provide firearms to criminals, we will have a dramatic effect on common sources of crime guns while minimizing the impact on law abiding citizens seeking to exercise their constitutional rights.
Write your congressman. Forward them a link to this post. Demand useful action that keeps guns out of the hands of criminals – action that does not restrict the rights of law-abiding citizens.