A recent conversation I had about guns and gun policy crossed the increasingly common argument that pro-gun people are simply saying that gun crime and mass shootings are a price they’re willing to pay in order to keep their guns. I’d call this a straw man, but straw man implies intent, and I believe that at least some of those who’ve made this assertion genuinely believe it.
It reminds me of the old and false argument regarding Obamacare i.e. that Republicans had offered no alternatives, preferring instead to merely bash and obstruct. That was a straw man, in that anyone who cared to could easily find alternate ideas for reforming health care. But, in this case, there are so many people who are so woefully ignorant of the real facts regarding guns, gun rights, gun ownership, and the restrictions currently in place, that it doesn’t seem like much of a stretch to presume they simply haven’t been exposed to pro-gun policy ideas.
So, both to answer my neighbor’s question and to advance some concrete reforms with you, here’s what I would do:
- Write federal legislation requiring any state or municipality that restricts gun ownership via licensing (e.g. concealed carry permits) to show cause for any refusal to issue, and if no cause is shown, to issue permits in a speedy fashion. Think of this as a “due process” reform. Thus written, it leaves in place states’ rights to be more liberal with their gun laws (e.g. [constitutional carry][]), establishes protections for individuals’ Second Amendment rights, and extends the right-to-carry movement that has reached 41 states.
- End the War on Drugs, and legalize everything. Much gun violence is related to the criminal drug trade, and legalization will dry up the underground economy that fuels that violence. The resources currently devoted to fighting this failed War can be repurposed to combat domestic terrorism.
- Investigate every NICS–denied purchase. Currently, the large majority of those denied a firearms purchase are not investigated. If someone with a felony record or other disqualifying criterion attempts to purchase a firearm and completes the required paperwork to the point where a NICS check is made, he will have committed a crime by falsifying his paperwork.
- Repeal all laws that mandate gun-free zones. It is not necessary that these zones now have an armed presence, nor is it required that anyone actually carry concealed there, but gun-free zones are where the large majority of mass shootings have occurred, and removing “certainty of safety” from the equation may actually deter some mass shooters.
Notice what I would not do.
- I would not ban “assault weapons.”
- I would *not” further restrict gun owners’ rights.
- I would not try to roll back the clock on automatic rifle restrictions and bans.
- I would not require background checks for private transactions.
Why none of these things?
- An assault weapons ban would accomplish nothing positive (the last ban had no measurable effect on crime), and compliance would be so low as to make the ban pointless.
- Philosophically, gun ownership is a fundamental right, protected by the Second Amendment. Practically, tens of millions of gun owners own hundreds of millions of guns without breaking any laws or doing any harm. It is wrong to punish the many innocent for the actions of a very few criminals.
- A non-sequitur, and far less important than protecting and establishing concealed carry and self-defense rights.
- The only way background checks could be implemented for private transactions is via universal registration. Apart from the near certainty that massive noncompliance would occur, there’s the fact that throughout history, universal registration was followed by confiscation. With 350 million guns in the country and tens of millions already distrusting the government, such efforts would create enormous problems and enormous hazards for citizens and law enforcement alike.
These actions would preserve and expand our rights, reduce gun crime, better target criminals, and make better use of resources. In short, they’d work, which is more than can be said for most of the proposals being put forth by our politicians, Left and Right.
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