Legal Gun Management: A Proposal

Updated: May 30



Legal Gun Management

A summary proposal to manage guns in the U.S.


Background and gun challenges:


Examples of problems caused by guns today

  • Regular mass gun shootings

  • Availability of guns for illicit activity (drug trade, etc)

Other country examples

  • America has more permissive gun laws than all / most developed countries.

  • America has high gun mortality / capita rate of all / most developed countries.

  • America leads the world in gun ownership. America has more guns than people (approximately 1.2 guns per person)

Interpretation of the 2nd Amendment:

To understand the 2nd amendment, it is important to recall the living conditions in Colonial era America.

  • Expense (colonial musket loader was very expensive compared to today)

  • Safety from wild (guns needed for basic safety from wild animals)

  • Very basic musket loader was the most technologically advanced personal weapon

  • The musket loader was a slow loading, single shot weapon. It was not practical for use other than protection and hunting.

Today, governments have access to sophisticated defense technology (nuclear weapons and guided missiles) that did not exist at the time. The rationale that an individual can buy a gun for protection from the government is not practical.

Misinterpretation of the second amendment:

See in the notes section for a quote from former U.S. Supreme Court Chief Justice Warren Burger. Here is a snippet:

The Gun Lobby’s interpretation of the Second Amendment is one of the greatest pieces of fraud, I repeat the word fraud….

Gun purchase reason paradox:

Gun inflicted suicide is approximately double the rate as gun homicides. People often buy guns thinking they want to protect their family, but it is much more likely they will increase the chance that a family member successfully commits suicide. Suicide is a crime of opportunity.


In summary, guns are not practical for protection against the government. Guns in the home are twice as likely to lead to suicide of a loved one than the protection of the lived one.

 

Approach to Legal Gun Management


This approach models other approaches used to manage other “necessary but potentially dangerous” products like drugs or alcohol. The idea is to preserve the access to guns in a way that minimizes guns’ inherent risks.

There will be a gun taxonomy that creates 3 or more classifications of guns.

  1. Over the counter guns

  2. Controlled guns

  3. Illegal guns

The taxonomy rules will be written and managed by a federal government agency, such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Operating budgets will proposed by the ATF and approved by the US Congress. Individual states will provide budgets for the Gun Control Stores as described below.


1. OTC Guns and ammunition will be available for purchase at accredited private gun stores in the U.S.

  1. Sale requirements: The sale requires a registration to the gun in a central (ATF) database, collecting owners personal information and basic training certification number

  2. Gun Type: This will be long barrel guns used for hunting and eligible sport usage.

2. Controlled Guns will be available at Gun Control Stores (GCSs) that are managed by state governments. Either state government run stores or an independent state government licensed stores subject to direct government oversight. It is anticipated the GCSs will be economically self supported by GCS trade.

  1. Sale requirements: The sale requires a registration to the gun in a central (ATF) database, collecting owners personal information, advanced training certification number specific to the gun type, and tracking credentials to be inscripted on gun and database record.

  2. Gun Type: This will be for handguns and eligible personal protection usage.

3. Illegal guns will not be available to sale

  1. Gun Type: This will be for all other guns not found in the first 2 categories. Including assault weapons and other weapons with a majority usage for killing or injuring human beings.

  2. Law enforcement: Enabled to perform legal search and seizure procedures to confiscate illegal guns and apprehend illegal gun owners and illegal gun users

  3. Phase In: A grandfather period of up to 1 year of law enactment will allow current owners of illegal guns to surrender them to law enforcement or GCSs.


 

Notes:


The second amendment of the US Constitution and Gun Control. Comments of Republican appointed Chief Justice Warren Burger:


"The Gun Lobby’s interpretation of the Second Amendment is one of the greatest pieces of fraud, I repeat the word fraud, on the American People by special interest groups that I have ever seen in my lifetime. The real purpose of the Second Amendment was to ensure that state armies – the militia – would be maintained for the defense of the state. The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon he or she desires."

– Warren Burger, Conservative Supreme Court Chief Justice


Related Article(s):

NPR - 03/05/2018



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