Wednesday, June 15, 2016

On guns and regulations.

I'm doing a deep dive into DC vs Heller and the 2nd Amendment, with a focus on the late Justice Scalia's interpretation of idioms and language, but for now, it seems obvious that some sort of rethink is required of gun ownership laws in America. The first thing to understand is that in fact there are many federal gun laws, and thus, the 2nd Amendment does not give rise to unrestricted gun ownership. The Supreme Court, after all, does not permit guns within its own halls, by outsiders.

So here is my proposal, which overlaps some existing laws (National Firearms Act of 1934 and Gun Control Act of 1968):

There should be three classes of guns, and progressive regulations on the ownership of those classes.

  • Class A: Single- and double-shot guns (guns without cartridges, non-revolvers). These guns may only be purchased by individuals over age 18, but can be used by anyone 12 years and older, once certified by an instructor. 
  • Class B: Guns with greater capacity than two shots, but barrels shorter than 6". These guns could be purchased by anyone over 18, as long as they pass a background check and are not under probation. No one under 18 would be allowed to operate one unless under direct threat of bodily harm. Gun locks would be mandatory. Anyone who is granted a restraining order shall be allowed to purchase a single Class B firearm without a background check.
  • Class C: All other guns. These guns would include all of Class B requirements, but would generally be restricted to one per person and anyone convicted of a felony offense involving violence would be banned for life from owning one. Anyone wishing to purchase more than one would have to obtain a permit which would involve a certified mental health exam, and would have to pay a national insurance fee, annually, set initially at $150 and subject to a 2% annual increase, which would be used to compensate victims of gun violence.

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