Could the government ban guns?

  
By DawnDee Bostwick
Waynesville Daily Guide
Tue Mar 24, 2009, 05:47 PM CDT 


 

The week Barack Obama was elected president, the amount of criminal background 
checks related to the purchase of firearms jumped 49 percent over the previous 
year, FBI statistics show. 

It’s a trend that hasn’t ceased to stop, as background checks for firearm 
purchases have continued to increase in the months following the November 
election, when compared to the same time a year ago. 

February alone witnessed a 23.3 percent jump, and January and December weren’t 
too far ahead, with 29 and 24 percent increases, respectively.
 
Fears of possible anti-gun legislation that’s being considered by the Obama 
administration might be contributing to the rise in sales, as well as the 
teeter-tottering economy.
 
The angst seems to be somewhat legitimate, although at this time it’s unclear 
whether a push to reinstate the Violent Crime Control and Law Enforcement Act, 
commonly referred to as the “assault weapons ban” will be successful. 

“Well, as President Obama indicated during the campaign, there are just a few 
gun-related changes we would like to make, and among them would be to 
reinstitute the ban on the sale of assault weapons,” Attorney General Eric 
Holder said during a press conference last month that focused on growing 
violence in Mexico. 

According to the State Department, drug cartels are using “automatic weapons 
and grenades” in confrontations against Mexican army and police units. The idea 
is by putting the ban back in place, the flow of guns into Mexico would be 
reduced. 

Enacted in 1994 under then-president Bill Clinton, the assault weapons ban 
prohibited 19 specific firearms in addition to the possession, manufacturing 
and importation of the semiautomatic assault weapons and ammunition clips with 
more than 10 rounds for civilian use.
 
Though a bill to reinstate the act hasn’t been introduced in Congress yet,  and 
Holder hasn’t given a timeline for when that might happen, numerous other 
pieces of legislation have been. Six U.S. House of Representative bills are 
currently being considered, the most troubling of which, gun-rights advocates 
say, is H.R. 45, known as the Blair Holt’s Firearm Licensing and Record of Sale 
Act of 2009. 

If the legislation is successful, it would require a license for handguns and 
semiautomatic firearms, including those people already own. License applicants 
would have to under go a background check and take a written firearms 
examination, meant to test the applicant’s knowledge of safe storage and 
handling of guns, as well as the risks associated with the use of firearms in a 
home, legal responsibilities of owners of such weapons and “any other subject, 
as the Attorney General determines to be appropriate.” 

Furthermore, “the bill would make it unlawful in nearly all cases to keep any 
loaded firearm for self-defense. A variety of ‘crimes by omission’... would be 
created. Criminal penalties of up to ten years and almost unlimited regulatory 
and inspection authority would be established,” according to Gun Owners of 
America, a non-profit lobbying organization led by former senator Bill 
Richardson. 

The bill would also make it unlawful to sell or transfer a “qualifying firearm” 
to any person who is not licensed. 

Other legislation includes H.R. 17 which would reaffirm the right to use 
firearms for self-defense and the defense of a person’s home and family; H.R. 
1074 would permit the interstate sale of firearms as long as the laws of the 
states are complied with and adhere to federal law. 

Bill Morris, Military Pro owner, said sales at his shop have increased as 
rumors about possible legislation circulate. 

“A lot of customers are afraid that the guns they enjoy shooting so much for 
sports are going to be restricted,” Morris said. “A lot of the firearms people 
use for hunting and have used for a long time are being threatened.” 

Morris, who’s owned Military Pro for five years, spent 20 years in law 
enforcement and said he’s been an active shooter for longer than that, shared 
his perspective on current legislation, noting that much of it, he doesn’t 
believe, is responsible.
 
“It’s kind of like wanting to ban a car with four wheels,” he said, noting that 
most vehicles do have four wheels, but that doesn’t mean all cars are dangerous.
 
“There’s some responsibility needed when a bill is introduced so that any 
attempt on a firearm ban would ban something that is truly destructive rather 
than something blanket,” he said. 

Pam Hutsell, the store’s manager, said in addition to the rise in sales, 
they’re finding its getting more difficult to get certain firearms as 
manufacturers’ have the items on backorder because of the increase in demand. 

“What we’ve found is its been harder to get guns,” Hutsell said. “After the 
election, it seems like a lot of people were more afraid that there were going 
to be more (restrictions) put on guns.” 

The NRA has come out against any such restrictions, and said of the proposal to 
make the federal assault weapons ban permanent is unnecessary.
 
“Studies for Congress, the Congressional Research Service, the National 
Institute of Justice, the National Academy of Sciences and the Centers for 
Disease Control and Prevention have found no evidence that gun prohibition or 
gun control reduces crime,” the NRA-ILA stated.
 
“Guns that were affected by the ban are used in a only a tiny fraction of 
violent crime — about 35 times as many people are murdered without any sort of 
firearm,” the organization said. 

A Supreme Court decision in 2003 in the case of Washington, D.C., v Heller, 
reaffirmed the Second Amendment gives individuals the right to own firearms.
 
The amendment, ratified in 1791, says, “A well regulated miltia, being 
necessary to the security of a free state, the right of the people to keep and 
bear arms, shall not be infringed.”

Though the spike in gun sales might be an early overreaction to an uncertain 
agenda, there’s still plenty of questions lingering that are asking what the 
government can, and will, actually do.

“I hear a lot of comments daily; ‘What did you hear? What did you hear?’,” 
Morris said. “We don’t know where it’s going because there’s so many rumors.” 



      
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