Okay, so the Brady background check didn't catch the madman; didn't keep him from acquiring handguns. One of the central tenets of gun control has been exposed as less-than-ideal and the next copycat mass execution isn't long in coming.
So what are we going to do about it? It's clear that many of you aren't receptive to the pro-gun solution (widen CCW access), and it's becoming painfully obvious to even the casual observer that the gun control types have no idea what to do.
Follow me beyond the fold and I'll explain the current system to you and exactly what you must do to make it more effective.
The current system:
First thing you're going to do is fill out this form.
The dealer will keep the original copy and run your name through the NICS database, which may contain disqualifying information about the applicant.
If the name comes up clean and the applicant has not disqualified him/herself on the paperwork, the transaction can be made after a mandatory waiting period.
A few obvious problems present themselves with this system:
#1: The database is incomplete. Disqualifying information doesn't necessarily make it into the system. This is how Cho managed to get cleared.
#2: The idea that a sociopath is going to read the part about "adjucated mentally defective" and say "oops! I'm not allowed to buy a gun", apologize profusely, and go home to weave baskets is, quite frankly, delusional. Cho merely did what any criminal would do: he lied.
#3: The entire process relies on a photo I.D. supplied by the purchaser. Anyone who's ever snuck into a club back in their college days should notice the problem here.
And of course, the ever-present
#4: There are many other ways to get ahold of a gun.
I will stress that point #4 simply cannot be eliminated, but if we seriously crack down on it, we can at least reduce the access to firearms by criminals.
Our new system:
The Federal government must create a database containing the psychological and criminal history as well as identifying information for everybody in the United States. That includes citizens and resident aliens. If you have never gotten so much as a speeding ticket, you still must be in the system.
In addition, they must standardize the criminal databases nationwide, down to the local level. This is necessary in order to insure that the database is updated and accurate.
The questionnaire is history, as it is useless and redundant. If you're not allowed to own a gun, they will know it.
So here's how it works:
The purchaser walks into the gun store and decides to purchase the Glock 19. The dealer informs the purchaser that attempting to purchase a firearm may be illegal if he is disqualified, then reads off all the disqualifying conditions. He then has the purchaser sign a form stating that he has been informed and wishes to proceed with the check.
The dealer photocopies his ID and says "come back in 5 days". After the purchaser has left, the seller checks the ID against the identifying information in the system to ensure that his identity checks out. The system will tell him whether the purchaser is qualified. If so, the transaction is completed after the waiting period. No data regarding the transaction enters the system.
If, OTOH, the purchaser has a disqualifying condition or doesn't appear in the system, the ATF is directly notified and forwarded the identifying information.
As I have repeated upstream, this will not keep guns out of the hands of criminals. This reality will have to be dealt with.
Also, there must be a review/appeal process. Mistakes will be made and we don't want to infringe the civil liberties of law-abiding citizens.
The main problem with this arrangement is that it leans pretty heavily on the 4th amendment. I make no guarantee that it would survive judicial review in accordance with strict scrutiny. But if you ever want background checks to be effective, this is what is going to have to happen.