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Assault Weapons Ban (Guest Voice)

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Assault Weapons Ban

by Martha Randolph Carr

Escalating violence in Mexico and border towns in the U.S. from the growing drug trade has increased a call to reinstate the Assault Weapons Ban against some semi-automatic and automatic weapons. The 1994 ban passed by Congress was allowed to expire under the last administration but after investigations proved that many of the guns being used in the recent drug wars originated from sales in the U.S. more groups began calling for Obama to make good on a campaign promise.

However, so far there has mostly been rhetoric without legislation, which means nothing at all. The NRA’s Wayne LaPierre has weighed in, referring to the semi-automatic weapon as the ‘quintessential self-defense firearm owned by American citizens in this country’ and is against the ban.

Semi-automatic refers to how the weapon drops the casing and reloads the next bullet, not to how many shots can be fired from one pull of the trigger. Multiple studies of what happens to homeowners and their weapons don’t support LaPierre’s sentiment, however, and have shown that owning any kind of gun more often leads to a more violent outcome and usually at the homeowner’s expense. But banning the weapon may not bring about the desired effect of secure streets either.

This week also marks the 10th anniversary of the Columbine tragedy when 12 students and one teacher were gunned down by two heavily armed teenage boys who attended the school and ended the spree by killing themselves. The massacre occurred during the term of the assault weapon ban.

Since that year there have been many more tragedies piled up on top at churches, colleges and malls leading to increased security and a sense that there’s really no safe place left in America.

The growing debate has come down to whether or not the ban on particular types of weapons can deter violence whether it’s from a single mad man who walks into a public place or a drug cartel with millions of dollars at stake. The general consensus is it’s impossible to stop a determined killer but a lesser weapon would at least diminish the carnage.

However, there’s something else that might actually lead to a more effective downward trend. There’s an enormous loophole in current laws restricting firearms use that would probably do more to lessen the violence than banning the guns.

The weapons used at Columbine and similar tragedies were purchased from a gun show where there is no requirement of a background check and therefore no age or felony restrictions.

The common uproar from gun dealers who sell at these shows is that requiring them to go through background checks as retailers are already required to do would effectively end their sales. They aren’t usually in towns long enough to make it feasible to wait for a background check before handing over a lethal weapon.

Fruits and vegetables being shipped over state lines have more restrictions placed on them for the good of the public than a weapon that was manufactured with the sole intent of harming another human being, whether it’s as protection or criminal assault.

Just like the bailouts that are being protested in tea parties because of the lopsided burden being carried by the majority for the benefit of a few, gun dealers must also fall under guidelines that ensure the general population is being protected. After all, if it’s people who are the real threat, as the old saying goes, then it becomes our responsibility to at least know who it is we’re arming before we hand over the gun.

If you’d like to get involved in the 2009 America Challenge to raise funds for community-based charities email me at Martha@CagleCartoons.com for more information. Together we’re going to build stronger communities and empower ourselves.

Martha Randolph Carr’s latest book, A Place to Call Home, a memoir about the reemergence of U.S. orphanages is available wherever books are sold. ©2009 Martha Randolph Carr. Martha’s column is distributed exclusively by Cagle Cartoons Inc. newspaper syndicate. This column is copyrighted and licensed to run in full on TMV. All Rights Reserved. Unauthorized reproduction prohibited.

  • mikeyes
    I think what you mean to say is that there is a loophole regarding gun sales, not use. As far as I can tell, the use of firearms in every case you mention was illegal. If there is a loophole present that made these uses legal please enlighten me.

    The sale of guns to felons, underage persons, those declared dangerous to self or others or non-state citizens is already illegal as is the sale of stolen guns. The private sale of firearms is not illegal as long as these rules are followed and there are millions of such transactions each year. (I'll show you my studies if you will show me yours.) And the vast majority of sales this way result in no crimes committed at all.

    Also, the Ninth Circuit, argueably the most liberal of the Federal Circuits, has just declared that Heller has been incorporated. This means that the civil right to own a firearm for self protection now is available to the west coast states. If the Ninth is willing to say this, the rest of the country will soon have similar rights. Policy issues such as gun bans will have to be made in light of what will no doubt be several SCOTUS decisions in the future.

    The reflex call for gun bans in light of tragedy (and the equally reflex call for nothing to be done) has always been misguided from a policy standpoint - politics is a different animal altogether - millions of gun owners have an undeniable right to own a gun and that has to be weighed against the possibility of decreasing criminal activity. This would be similar to early restrictions on the First Amendment justified by stating that allowing free speech may cause political chaos or that voters have to be restricted to tax payers, land owners, and white males because the choices made by others may lead to corrupt or different leaders.

    Are there going to be "reasonable restrictions" on gun ownership? Yes, I am sure there will be. And changing the rules on gun shows may even be one of them, but only after a thorough review that takes civil rights into account and weighs them against the possible benefits gained. If this were an issue of voter equality, Fourth or Fifth Amendment rights or free speech, I think that Ms. Carr might have a more nuanced opinion concerning how these problems of criminal activity need to be addressed.
  • Law enforcement professionals favor restrictions. But what do they know about street crime and violence? We bloggers know better what's good for reducing crime and violence ;-)
  • EEllis
    There is no gun show loophole. Dealers who sell at gun shows must keep all the records and do all the background checks that any and all FFL dealers do at any location. The gun show loophole is a fallacy.

    Now what does happen is with so many private citizens there at a show there are many deals between individuals that do not have to meet FFL guidelines. Indeed many vendors who are not gun dealers will sell a firearm or two on the side and even a gun dealer is allowed to sell firearms that they personally own, not the business, that don't need background checks. It's a very small percentage of gun sales, maybe 5%-10% anecdotaly, and impossible to stop when you have that many gun people in one place. Some is selling a rifle and brings it to show the dealers and you see him carrying it and make him an offer. Back when people still read papers there were plenty of adds for guns that you could just pay cash for no big deal.
  • BudsPoliceSupply
    I agree with Green Dream!
  • hardcorps
    I think thee are a couple of points this article has incorrect. First, semi-automatic does refer to the number of shots fired with the pull of a trigger. With a semi-auto, one pull is one shot. With a full auto, or machine gun, pulling the trigger results in the weapon continueing to fire until you let off the trigger or run out of ammunition. In this case, we are talking about semi-autos because full autos have been banned for sale to the general public since 1986 and subject to federal licensing since the 1930's.

    At gun shows, a background check is required if purchasing from a dealer. The guns used in the Columbine massacre were purchased by a straw purchaser, someone who is legally allowed to buy guns and can pass the background check. She then turned the weapons over to the killers. off the top of my head, I am not sure those weapons were even assault weapons as defined by the 1994 law.

    And it is absolutely not true that there are more restrictions on fruits and vegatables. Firearms cannot be sold across state lines except by a federally licensed dealer.
  • Gunshop
    1. We Should cut the number of smaller Gun Retailer ,Vender Gun Dealers Licences Out. An Residents Businesses in Privete homes, Townhouses Privete homes Businesses is illegal to start any Gun Busineses is: Illegal to be there by Zoning commision don"t Allow to be there too! Licences will not be issued too. Applications not be issuied at all! Will stop on the buttom too. No Procresseing the Applications at all! Type-01 / Type-09 N.F.A Retailers Sales! I"m Port An Export Dealers is Type-08 / an NFA Licences Type-011 too! Mfgs Businesses Co, Type-06 Ammo mfg & Type-07 Firearms Mfgs too! An N.F.A . Mfg Type-010 Bussinesses Futoauto"Firearms too!! Agreed!!! 2, The Businesses Should separate Building Unit in commercial Zones & Block Commercial zones locations only to: start Gun Businesses only too!! Agreed!!! ( Not in a Comunity , or Residential lones is of limits areas too!! By Zoning Commission board Building code laws do apply too! By Regulations Laws of Building codes are enforced by; Towns, Townships, cities, Counties, States Federal Groverment Building codes Laws do apply all Rules of Laws on the books today in 2009 A.D too! Ageeed!!!!
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