How Obama Could Have Background Checks Tomorrow

Background checks - of all gun control measures set forth - make the most sense. However here are the facts regarding them - and the recent effort to expand them:

1) Nothing is done when people fail the check - even though prosecution is easy. Local authorities are not even notified. Instead, the criminal or mentally ill person is left on the street, free to find a gun in the black market. This is the biggest reason gun rights advocates think this is not about keeping guns out of the hands of criminals.

2) Any background check system is dependent upon having a good database. Until the totally broken mental health system is fixed, many mentally ill people will still be able to buy firearms. The Giffords shooter had 20+ law enforcement contacts and was never sent into a hospital for evaluation. As a former paramedic I find this unbelievable as in CA this guy would have been evaluated. Had that happened, he would not have been able to buy a gun in the legal market. Yet, mental health reform is dead - because the administration only wants gun control.

3) In the initial background check bill,  records of approved background checks would have been retained and would have identified the firearm and the new owner -  it was a back door registration system. There were no exemptions for transfers between family members. This would have amounted to gun registration, hiding under the label of "background checks". This overreach and deceptiveness doomed the bill. Even when a very reasonable compromise was set forth - and supported by the one of the big gun rights groups - the die was already cast. The gun owning public remained focused upon the original version - even with a compromise that actually gave us gun rights folks many things we have been striving to get for decades.

Obama could have his background checks tomorrow. A bill could have NRA support tomorrow. It just needs to have the exemptions and controls that were in the compromise bill, the protections against a registration system that was in that bill, and a significant gain for gun rights.  It should be clear that nothing is going to happen without the support of the NRA and gun owners.

 I can think of two that would work:

1) Mandatory CCW permit reciprocity.  This would likely lead to the remaining 9 states that do not have a "shall issue" system adopting one - since their residents could simply go to another state and get a permit.  25 years have proven the anti-gun rights crowd wrong.  There have been no blood baths, no shoot outs in the streets.  Permit holders have actually been proven to be less of a risk than off duty cops!  Crime has dropped, faster than the national average, in every state that has adopted shall issue and not one state has repealed their "shall issue" law.  This provision got 57 votes in the Senate, only 3 shy of the 60 needed to pass. 


2) Preemption of state laws regarding purchase, possession and ownership of firearms. Gun control advocates have always argued that state laws don't work because of other states having more "lax" laws.  Indeed, the states rated highest on the gun control advocates lists (California, New York, New Jersey, etc) actually have the highest crime rates.  Since these laws are not working, and the federal laws will be greatly tightened, federalizing the whole matter of gun regulation makes sense.  Additionally, many of these state laws may be struck down in the wake of recent Supreme Court rulings.  States could be empowered to pass laws that mirror federal law, enabling them to enforce federal law.  Since the NRA has lots of members in states hostile to gun rights, this would be a huge win for them.  It would be an answer they could not refuse.


Either of these measures would protect the NRA from charges that they "sold out". However, the administration won't do either because the real goal is not "reasonable gun control" - it is ever tighter gun laws, until there is a virtual ban.  I'm actually disappointed that a compromise that expanded background checks (with exemptions for private sales) AND gun rights was not adopted. It could have been a huge WIN - WIN, but the gun control side was not prepared to recognize the huge influence of millions of gun owners who are single issue voters.  

What The Media Isn't Reporting About Federal Background Checks

In reporting the defeat of the background check bill, the mainstream media has toed the liberal line by refusing to report the real story: The Obama administration does ABSOLUTELY NOTHING when criminals lie of the background check form and are rejected for a "legal" gun purchase.  Instead of busting them for this felony and getting them off the streets, they leave felons who are looking for guns in the community so the can find an illegal gun and go on to commit crimes.  The Obama DOJ doesn't even notify local authorities - who in many cases could prosecute or just simply violate their parole.

How often does this happen?  Well, every year well over 40,000 people fail background checks due to a previous felony or a restraining order.  Every one of these people knew they were not eligible to buy a firearm and every one lied about the restraining order or felony conviction on the 4473 form.    Every one of them presented ID, completed the form in their own handwriting and their finger prints are all over the form.  These are easy cases to win.

So out of over 40,000 criminal attempts to buy a firearm, how many convictions are obtained each year?  LESS THAN 20!  In fact the chances that a criminal attempt to buy a firearm from a dealer will be prosecuted is less than one chance in 300 - and in spite of these cases being easy to win, the vast majority of these cases will not result in convictions.

If the administration was making good use of current background check laws, expanding the system would make some sense - but they aren't.  Instead, these people are left on the streets, where they frequently buy guns on the black market.  Many go on to use these guns in crimes - including homicides.  This total lack of concern for the victims of gun crimes causes the administration's calls for more background checks to ring hollow.

If the administration really wants to expand the background check system, they need to use the current system to actually stop violent crimes by prosecuting the vast majority of these cases.  Do that, and many gun owners will support the expansion of the system to private sales.

Connecticut Drives Gun Makers Out Of State - Other States Losing Jobs Too

Connecticut Gov. Malloy has no problem slandering the gun companies that employ thousands of his citizens, by saying they don't care who they sell their products to. This idiot actually said, "There aren't that many gun companies in Connecticut."

Really? Have you ever heard of a little company named COLT? They are in Hartford. Then there is MOSSBERG. They are in North Haven. In addition there is RUGER. They are in South Port. In addition to these companies, there are lots of smaller, newer companies (such as PTR Rifles) that have started up in the last few years. In fact, Connecticut is the gun manufacturing headquarters of the nation - literally. The National Shooting Sports Foundation, the industry's association, is headquartered in Newtown - for now.

Gun manufacturers are not just making a statement. Every gun sold in the US must have the city and state of manufacture stamped on the barrel. These companies are extremely concerned that customers will not buy guns made in a state that is so hostile to gun rights. 

Maybe Malloy's statement is simply forward looking - because these companies won't be there much longer. COLT IS LEAVING THE STATE due to it's hostility towards the 2nd Amendment (they are moving to TX). PTR is leaving for the same reason. TX, ID, UT and other western and southern states have put out the welcome mat. Sadly, Connecticut can kiss the last of it's previously huge manufacturing base goodbye.

Some references:

Major firearms manufacturers to relocate their operations from gun-hating Connecticut

Beretta may leave after Maryland passes strict gun control law

Plenty of other states are happy to have the jobs:

Unhappy About New Limits, Gun Makers Urged To Move

Texas Gov. Rick Perry Tells Connecticut Gun Makers to ‘Come on Down’

Maine Governor Courting Gunmakers

Idaho Aims For Job Growth Through Gun Manufacturing

Idaho Town Wants To Lure Gun And Ammo Makers

Why I Will Support Manchin-Toomey Background Check Bill

How gun rights advocates turned a loss into a win:

We have been waiting for details on the "background check" bill that will be proposed by Senators Joe Manchin (D-WV) and Pat Toomey (R-PA) next week.  Now we have them - and it turns out that this bill - which is the only bill with any chance of making it out of the Senate - actually includes a huge number of pro-gun rights provisions - because the 2nd Amendment Foundation helped to write it. 


Among the gun rights protections included in the bill:

• Makes the creation of a federal gun registry using background check data, or any misuse of background check data by  a Federal felony punishable by up to 15 years in prison.  Currently this is illegal, but there is no penalty.
• Sales to friends and family will not require a background check.
• No background checks on purchasers who hold CCW permits.
• Private and commercial sellers will be protected against civil and criminal liability for gun sales if they do a background check.
• Protection for veterans who seek mental health treatment, but pose no threat.
• The bill puts teeth in the 1986 firearms owners protection act - which says if it is legal where you start your trip and legal where you are going - and the firearm is empty and in a locked case - local laws in places you pass through do not apply.  Both NYC and Chicago routinely violate this law at their airports - arresting law abiding travelers on layovers - because it currently has no punishment attached.  This bill will change that.
• Under this bill, you will be able to buy a gun in any state - not just the one you live in.  This includes handguns.  (Of course, you still must comply with any state restrictions when you come home.)

This is a huge win for gun rights in the US - if you doubt this I suggest you watch the video.  This bill contains a laundry list of pro-gun provisions we have wanted for years.  As someone who is very knowledgeable on these issue - and VERY pro-gun rights - I would fully support this bill.  I would be willing to bet that the NRA signs on as soon as they see the bill - or at least drops their opposition.  The real question is what gun control advocates will do.


Furthermore, although not mentioned in the video, this bill will likely be amended to require all 50 states to recognize each other's concealed carry permits - something the gun rights movement has wanted for a long time.  Given that 82 senators  All of this virtually guaranties that the bill will sail though the House - the real question will be, will President Obama sign it?

How Dems Can Get A Gun Bill To Obama's Desk

Today the Senate decided that debate will take place on the only surviving gun control measure - so called "universal" background checks.  So, what happens now and how could a bill make it to the president's desk?

First, the bill has to get out of the Senate.  At this point we have only a vague idea of what this bill will include - but reportedly it will provide for background checks on sales at gun shows and over the internet (a minor issue since interstate sales must go through dealers under current law).  Likely it will include language that allows sales between people "known to each other" without a background check - so it won't be universal.  This mirrors current law in many "red" states.  In addition, it reportedly will also include a ban on creating any kind of federal gun registry.  When you consider where the debate started, there isn't much left of the original proposals.

Next, the anti-gun rights crowd will offer amendments to make it stronger - all of which will be defeated.  In fact, many of these will be brought forward to enable Senators to vote against them.  Included among these will be the so called "assault weapons" ban and magazine limits.

In addition to the anti-gun rights amendments, pro-gun rights amendments will be offered - at least some of which will pass and be attached to the bill.  Some of these will be aimed at eliminating provisions that might be abused or that are unclear.  Others will be flat out pro-gun amendments.

Most likely to be passed is a requirement that states recognize each other's carry permits just as they do driver's licenses.  This has the best chance of passing.  Next in line would be a requirement that every state issue permits to anyone who meets reasonable and objective standards.  Given that 82 senators represent states with this policy, this will likely pass as well.

This will place the gun control advocates and the administration in a difficult position.  Do they kill the bill because of the right to carry provisions, or do they support a compromise that gives both sides something they want?

If they want to get a bill passed they will have to compromise - because the Senate is the easy part.  Before it gets to President Obama's desk, it has to get through the House.  Without significant pro-gun rights provisions, that simply is not going to happen.

So, if they are smart, the administration and gun control advocates will allow expansion of right to carry in exchange for increased background checks.  If they are stubborn and refuse to compromise, they will get nothing - and they will likely see the courts give pro-gun forces expanded right to carry on 2nd Amendment grounds, since a federal appeals court has already done just that.

How can the Dems get a gun control bill to Obama's desk?  One word: COMPROMISE.