From the
Barack Obama and Joe Biden transition website, we find the following about guns and gun violence.
Address Gun Violence in Cities: As president, Barack Obama would repeal the Tiahrt Amendment, which restricts the ability of local law enforcement to access important gun trace information, and give police officers across the nation the tools they need to solve gun crimes and fight the illegal arms trade. Obama and Biden also favor commonsense measures that respect the Second Amendment rights of gun owners, while keeping guns away from children and from criminals who shouldn't have them. They support closing the gun show loophole and making guns in this country childproof. They also support making the expired federal Assault Weapons Ban permanent, as such weapons belong on foreign battlefields and not on our streets.
There are four different items that they address here, and we should take these one at a time and debunk them. As it turns out, what they want to do is already covered in the laws of this country.
First, the
Tiahrt Amendment was enacted as an amendment to an appropriations bill that funds the Bureau of Alcohol, Tobacco, and Firearms. It requires that when a gun is traced as part of a criminal investigation, that trace information is only released to law enforcement agencies involved in a bona-fide criminal investigation or prosecution. The trace information can only be used for that purpose. What the antis want to use it for goes outside the scope of the amendment. As a cop, I can routinely access the information for use in bona-fide criminal investigations. That's no problem. There is no compelling reason to repeal the Tiahrt amendment unless someone wants to use that information for open-ended records checks or civil suits. Think Joe the Plumber writ large across the nation. Think of bureaucrats accessing lawful commerce and pulling records on witch-hunts. The Tiahrt Amendment is a vital advocate for privacy.
Obama and Biden also favor commonsense measures that respect the Second Amendment rights of gun owners, while keeping guns away from children and from criminals who shouldn't have them.
We already have commonsense measures in place to keep guns out of the hands of children and criminals. In most jurisdictions, it's illegal for a child to have a gun and under the Gun Control Act of 1968 it's illegal for felons to have guns. The laws are already in place. Enforce them.
They support closing the gun show loophole and making guns in this country childproof.
I wish someone would explain to me what the gun show loophole is. It's perfectly legal for me to sell a gun to a friend, acquaintaince, or perfect stranger as a private individual. All sales through licensed dealers must be processed through the
National Instant Criminal Background System. I've bought firearms at Gun Shows and the data is always processed through NICS. If the antis want to make it illegal for me to sell a gun to someone else, they should be honest enough to say that they want to make private sales illegal. That's what they're after and to call it the Gun Show Loophole is disingenuous and dishonest.
And finally, we come to the Assault Weapons Ban.
They also support making the expired federal Assault Weapons Ban permanent, as such weapons belong on foreign battlefields and not on our streets.
Unless you're a firearms manufacturer or are willing to jump through huge hoops, you can't own a battlefield ready assault rifle at this time. Assault rifles are selective fire weapons that allow the operator to choose between fully automatic or semi automatic fire. The rifles found in gun stores all across the nation are semi-automatic rifles that look a lot like battlefield rifles in a purely cosmetic fashion. The internal lock work has been modified so that fully automatic fire is impossible.
Let's take my AR 15 rifle as an example. I'd need the services of a machine shop to modify that rifle so that it would fire in fully automatic mode, and the act of conducting the modification would be a felony act in itself.
The Federal Assault Rifle ban was never about assault rifles. It was about rifles that looked like assault rifles, but were common sporting rifles used for a variety of lawful sporting purposes. Assault rifles are restricted to valid military and police agencies already.
So, with the laws as they stand now, trace data is available for valid police purposes. It's against the law for children and criminals to possess firearms, all sales from licensed dealers go through the NICS, and true assault rifles are generally restricted to the police or military.
The lesson here is that we've got commonsense laws on the books that regulate the arms trade. What the antis want is to roll back 2nd Amendment rights against law abiding Americans.
With the problems immediately facing the new administration, I'd think that they have more pressing concerns than trying to roll back the 2nd Amendment.