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View Diary: Firearms 101: the "Assault Rifle", Capabilities, and the "Militia" Concept (143 comments)

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  •  Oh, yeah, there are some nuts I wouldn't trust (1+ / 0-)
    Recommended by:
    OregonOak

    with a pointy stick... Most "real" gun owners wouldn't be averse to some simple laws... the NICS check was actually a compromise offered by the NRA to do away with the Brady Bill's mandatory waiting period, and I think that NICS is "a good framework to start from".

    Unfortunately, a lot of places in the past passed gun registration laws that they swore would never be used as confiscation lists... only to turn the table a few years later and use those registrations for precisely that (Hawaii, California, Chicago and I believe NYC) so a lot of trust was eroded.

    I think future laws should look at moulding the behavior and parameters of gun ownership and responsibility, rather than the firearms themselves. Criminal behavior seems to have been changing over the years, with less actual crimes and spree-killings holding steady, despite there being more people in general and more violent media available (another frequent target of blame).

    •  Agree and disagree (2+ / 0-)
      Recommended by:
      Canis Aureus, OregonOak

      I think NICS as it is currently implemented in essentially non-functional - 2/3 of the names are non-citizens caught up in INS sweeps, there are ten states which report nothing, etc.

      Agree that focusing on types of weapons, capacity, etc., is a misplaced focus, and we should be focusing on who obtains weapons, not what weapon they choose.

      This is a list that I have developed over the past year or so.  I have posted it on DK before and received opposition on nearly every single point:

      1.    Strengthening the NICS database by provision of adequate funding to the states to enable them to bring their records current and entering the data into the national database. If states refuse to comply, or remain in non-compliance after an extended period of time in which to accomplish the objectives, suspend the availability for NICS checks for that state until they are in compliance.

      2.    Expanding the NICS requirements to include all firearms, including private sales, which could be accomplished by (a) requiring gun show promoters to have onsite capabilities for running a NICS check, and (b) requiring that buyers in straight private sales obtain an NICS clearance document from a local office of a law enforcement agency or gun shop and providing the same to the seller.  FFLs required to provide NICS services with respect to private sales on the same conditions as sales from their inventory – i.e. no charging exorbitant fees for a NICS check.

      3.    To obtain a permit to carry a concealed weapon, passing a comprehensive background investigation – not just a 3 day federal NISC and state CJ database checks, but a full background investigation. If the background investigation process meets federally established standards, then the CCW permit should be valid nationwide.

      4.    Successful completion of an official class room course which covers the state and federal (and municipal where applicable) laws concerning ownership and use of weapons;

      5.    Successful completion of a proficiency course in the use of that particular weapon conducted by an authorized law enforcement agency – if you buy a different weapon, you have to qualify with it.  Law enforcement entitled to keep a fired round for use in future criminal investigations;

      6.    No sale or transfer of any weapon without a security device, i.e., trigger lock, locking cable, biometric device, etc.;

      7.    Imposition of a strict liability standard as concerns any use of the weapon, by you or anyone else.  If a criminal steals your weapon from your home, car, business, or person, and subsequently commits a crime with it, you are liable.  You have the availability of an affirmative defense: if you can prove that you fully complied with generally accepted safety practices, (trigger lock, locking cable, gun safe, etc.), then your liability will be eliminated;

      8.    Mandatory purchase of a liability insurance policy or rider covering that weapon, to ensure that resources exist in the event of a finding of liability for misuse.  If the insurance is canceled for any reason, the weapon(s) are impounded until proof of insurance is produced.  If your weapon is stolen, the insurance must be maintained until the weapon is recovered by law enforcement.  If you sell a weapon and provide proof (i.e. the buyer’s NICS approval document) then you can have the weapon removed from your policy, or cancel the policy if you have no other covered weapons.

      9.    States and municipalities can impose reasonable restrictions on carrying of weapons. What is fine for rural areas of the US may well not be acceptable in high-density urban areas, and it should be left to the states and cities to determine what is acceptable. It is the responsibility of the individual to know the regulations in effect in a particular jurisdiction before carrying a weapon there. States and municipalities must make such ordinances widely available (i.e. on their websites and/or upon request) in order to enforce the restrictions.

      I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

      by Wayward Wind on Sun Jul 22, 2012 at 10:03:34 PM PDT

      [ Parent ]

    •  You are remarkably consistent... (0+ / 0-)

      Changing the behaviors and parameters of gun ownership legally is a great approach. Too bad the Supreme Court struck down the Militia Clause as prefatory. That could have been the way to do it. Now, I dont know..

      Any suggestions on that front?

      Figures don't lie, but liars do figure-Mark Twain

      by OregonOak on Mon Jul 23, 2012 at 11:54:06 AM PDT

      [ Parent ]

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