Sander, the largest mass-murder of American citizens occurred without a single shot being fired. It is the will of the murderer that makes murders happen, not the tools. The best response is not to ban items that have been used in murders but to address the social problems that lead to this type of crime.
welsh said:
But Gwydion, I am not against gun ownership per se. I just think it needs higher regulations.
Things that are inherently dangerous (like explosives and dangerous wild animals) are usually held to a higher standard.
This is what I don't understand. Guns are already one of the most highly regulated items in America. They're the only American product which requires government approval for each and every retail sale. Anyone who sells guns for a living requires a federal firearms license to conduct business and is required to log every gun that comes in and every gun that goes out, even the guns that are being added to a personal collection. On top of that, they are requiring by law to keep the original copy of the 4473 NICS form from the transaction at the dealership at all times. There are strict laws in place that prevent dealers from even transferring a handgun or handgun ammo to anyone under 21. If my Dad where to drop his handgun off at a dealer to have work done on it, I couldn't even pick the thing up from the dealer legally because of these laws. If you're a felon -- even someone guilty of nonviolent crime -- you can't even hold a gun without committing a crime with a mandatory 5 year sentence. That's also true in many cases of people guilty of misdemeanor crimes like domestic violence, or of people who have restraining orders placed on them, which require no court approval or hearing. If you knowingly let a felon hold a gun even for a second, you've committed a crime.
You keep saying, "Guns are dangerous, why shouldn't they be more regulated?" but for some reason ignore the fact that they are already regulated, that they are already held to the
highest standard. There are probably more laws in this country about guns than any other single item or act.
One of the arguments about gun regulation is a poor comparison with cars. But ok, lets start there. We regulate cars, we register them each time they are sold. Much of our law of tort has involved the issue of cars, including issues of strict liability. So why not apply similar rules to cars.
Right, let's discuss cars for a minute. You know, some people make the statement that cars are more heavily regulated than guns, and others even claim that guns should be as regulated as to cars. Neither of those statements really makes sense, though. After all, retail car sales don't require background checks, age verifcation, proof of insurance or proof of license, and they don't have to be registered immediately or at all if you don't use the car on public property. Sure, if you're going to operate the car on public roads than you need to have a license, it needs to be registered, and you need to have insurance, but there's no enforcement of that at all until you've already been in an accident. Cars are a very poor example of that point, because there's no attempt to enforce any of these laws before the fact. Even though cars are possibly as dangerous as guns, they're regulated far more loosely.
And, of course, cars certainly are dangerous. Remember that recent case of the old man that drove his car through the crowd of people. I guess it was supposed to be an accident, but he killed like 10 people in the process. This to me dramatically illustrates two points:
a) Cars, which are far easier to get than guns, are potentially more dangerous when misused. I mean, when's the last time you've heard of negligent firearms discharge that led to the deaths of 10 people?
b) The will of the person on the other end of the tool is more important than the tool. What if this had been intentional? What if the old man had "snapped"? In just a few short moments he ended the lives of 10 people and in doing so nearly matched the body counts of some of the most infamous shootings in recent history.
The Beltway Shooters -- calling these guys "snipers" would be an insult to real marksman -- had the benefit of being on the lam. In fact, the cops weren't even looking for the right people. Remember the whole deal with the two white guys in a white van? How wrong can you be? Despite being persued by cops who didn't even understand what they were looking for, the shooters only managed to kill about 13 people or so.
Likewise, the Columbine shooters were firing at trapped and panicked people. These people were pretty much defenseless, the cops were even keeping a distance for most of this. Yet they also killed only about a dozen people.
Not to undermine the tragedy of these two events, this comparison is necessary to understand how dangerous cars can be. If these people don't have guns to turn to, they're still capable of murdering scores of people via other means, like cars. While you push for more gun control, these tools are already easier to obtain than guns.
If a gun manufacturer is selling guns to a straw man whom he has reason to suspect is reselling those guns without properly going registration, and those guns later are used for a crime, than he should be liable for what those guns do because he profits from that sale, and indirectly from the sale of weapons. This is not to make the manufacturers liable for every transaction down the line, but rather the next step down the chain of commerce.
Ok, I want to clear up a misunderstanding you seem to have, here. Most manufacturers don't sell directly to consumers. Gun manufacturers sell to people holding federal firearms licenses (FFLs) who then sell to people. Oftentimes, manufacturers sell to distributers holding FFLs, who then sell only to others holding FFLs, the individual dealers or collectors. The people making the sale to straw men aren't manufacturers, they're way down on the chain. Of course, if these dealers suspect that someone is making a straw man purchase, they have every legal right and responsibility to refuse the sale. It's illegal, and reasonably so, to sell a gun to a person you know is going to use it in the commission of a crime. Of course, keeping track of how well these dealers follow the laws is up to the BATFE. That's the whole point of the FFL system. It's unreasonable to expect firearms manufacturers to spend resources on redundant checks that they probably can't even do as thoroughly as the BATFE.
At the same time if a lawful citizen owns a gun and then tires of it, sells it to his friend, then what is the deal with registering that sale with a local state or federal authority?
Why should I have to ask the government permission to sell my private property? I mean, this won't really stop all that many crimes from happening. Straw man purchasers are already breaking the law, they'll simply ignore this law. Forcing NICS checks on private sales is in many ways an unenforceable waste of money, unless of course you're advocating complete firearms registration, which is an entirely different can of worms.
This way the hunter still get can his gun, the owner can still have a weapon in his house, and the career criminal will have a harder time getting weapons.
You don't really believe that, do you? You think a significant number of criminals get guns via private transactions with completely unsuspecting citizens?
Cost? yes, but also compare the high ownership of guns in Canada with the low use of guns in homicides. Which is more, the finances used for registration or the savings in the value of lives saved.
The gun registry in Canada has not been used by the government to solve one crime despite all the money being poured into the product. Not one crime.
But in the short-term a lot more could be done just by controlling guns
Really? I'm not so sure about that. I believe I've sufficiently illustrated that guns are already the most heavily controlled items in America, additional laws beyond this point wouldn't do a whole lot. Canada's registration nightmare has proven that option to be an expensive long-term, rather than a short-term, issue. Nevermind the issues raised by requiring government permission for sales of private property between citizens, or the fact that gun registration has not yet been proven to be an effective crime-fighting tool. Requiring NICS checks on privately-owned firearms is not worth much without a gun registry system because the only people who will comply will be the law-abiding citizens. Banning more fictional firearms classes like "assault weapons" certainly won't solve the problem because it doesn't take firearms off the streets.
You know, I cannot see any gun control options that could provide relief to the problem in the short-term. How about you?