There is no doubt we have a problem with an increase is shootings in this country compared to the downward trend until about a year ago, President Biden seems to think that a crack down on new gun sales is going to stop that, as though there weren’t already plenty enough guns in circulation for criminals to use.
Of course, along with most 2nd Amendment supporters, I encourage proper use of the NICS background check system. After all, we got it passed. But that can’t be limited to acting against dealers.
- The database must be properly populated, currently not all disqualifying crimes are reported by local authorities, and too often, disqualifying crimes are plea bargained to lesser offenses. HIPPA prevents reporting of mental issues, so crimes committed by the mentally ill must be prosecuted, and leniency employed in sentencing only after conviction.
- Currently, less than 1 in 10,000 violations of Form 4473(background check application) perjury statements are prosecuted. If thee is no penalty for “lie and try” then prohibited people will continue to take a chance. The same is true of reported straw purchases. If they aren’t prosecuted, people will continue to do it.
- I am concerned with the statements about pulling dealer licenses base on “BATFE trace requests” as many such requests are illegal. What the law allows is for the BATFE to obtain the 4473 form for guns recovered by police from crimes. They are not allowed to ask for records of other purchases made by that person or other statistical information.
- I am concerned about BATFE ‘sharing’ of dealer inspection data’ with local police. There should be no data to share, when the BATFE inspects a dealers records, there is either a violation or there isn’t. The BATFE is not allowed to make copies of Form 4473s or dealer sales records not associated with a crime. BATFE agents have been caught repeatedly making such copies, with no consequences. If dealers lose their licenses for refusing to comply with unlawful requests, there’s going to be a problem to resolve in the courts.
More generally, Biden rambles about no one needing a 100 round magazine. I don’t need one, but it’s none of my business, or Biden’s, if someone wants one. There is no evidence of such magazines contributing to the crime problem.
Biden also misunderstands the 2nd Amendment as a deterrent to government overreach. Aside from the fact that the Taliban seems to be doing pretty well without F-15s of their own, the willingness of the people to stand against a lawless government is adequate deterrence as our soldiers are unlikely to make war on our own people.
But hopefully, that is just prattle for his base. If Biden remains within the law and the spirit of the NICS system, it can be useful, but if he gives the BATFE license to break the law, he might bring a case to the Supreme Court he will regret.