Position Paper
Upgrade and Incentivize NICS Reporting
The federal NICS system (National Criminal Background Check System) is a United States system for determining if prospective firearms buyer's name and birth year match those of a person who is ineligible to purchase a firearm. It is this system that states run background checks against in the instance someone is trying to purchase a firearm.
Currently it is not required by law to report state and local crimes and mental illness issues to the NICS system, so criminals like the Fort Hood Shooter and the Florida Shooter slipped through the cracks and were able to purchase a firearm in another state. It is this failure to update the NICS system that allowed many of these shootings, and I believe if we can strengthen this system and incentivize states to upload their crime and mental health statistics to this system, we could prevent many of these terrible tragedies. I believe you should not be able to simply cross the state line in order to use this loophole. An increase in state reporting could prevent a criminal from legally obtaining a firearm in another state as well as their own state.
States Rights
Over the years, the US Federal Government has become a larger force in many people’s lives, and has taken more power than it was granted by our constitution. Whenever possible, we should push the power of government down to the states and away from Washington. Gun control is one such area, and gun laws should be determined by the legislators in each state as they see fit without undue interference by Washington. There is nothing wrong with the state of California having stricter gun laws than Texas, if that is what their people, through their legislators, decide is proper. However, per the Constitution, guns cannot be banned outright.
Concealed and Open Carry
The issue on concealed carry and open carry is a difficult one and something that should be left to the states to decide. Each state has independent autonomy to create and enforce laws of their own aside from federal law. If some states want stricter gun control, they should be allowed to do so, as such a state that may want less gun control also has that freedom as long as it does not violate federal law.
Legal and Illegal Firearms
Whichever level of government is regulating firearms, they can certainly determine that certain types of firearms can be illegal. For example, I support the continued ban on machine guns or other weapons that can operate in “fully automatic” mode. The purchase of fully-automatic weapons (machine guns) has been illegal in the US since 1934.
There has been much discussion about banning Assault Rifles. An Assault Rifle is a specific kind of rifle with certain characteristics, the most important being able to switch from “semi-automatic” mode (one bullet for each pull of the trigger) to fully-automatic. I am in favor of the continued ban on firearms that can operate in fully-automatic mode, and thus I am in favor of a ban on Assault Rifles or any instruments (such as bump-stocks) that are used to turn a semi-automatic weapon into a nearly fully-automatic weapon.
I am not in favor of banning semi-automatic weapons. Nearly every modern pistol is a semi-automatic. It is both impractical and unnecessary to ban semi-automatic weapons.
Who Can Own a Firearm
The Second Amendment to the US Constitution guarantees an individual right to have and use firearms for self defense in the home. The court ruled that the Constitution allows for restricting ownership in circumstances such as convicted felons or the mentally ill. I support these restrictions, and also support denying gun ownership to other criminals, not just convicted felons. However, law-abiding citizens aged 21-years or older, who are without any known mental issues, should be allowed to own a legal firearm after an appropriate review, background check, and licensing process.
Mass Shootings
Large-scale mass shootings, like we have seen recently in Parkland, Orlando, and Las Vegas are tragic, and the loss of life senseless. In a vast majority of cases, the perpetrators suffer from mental illness. Our nation’s ability to properly care for the mentally ill has deteriorated over time, and more resources need to be provided to identify and treat people with mental illness. In many cases today, the largest treatment centers for our mentally ill is our jail system. (statistics.) This is not effective nor is it the right thing to do. We should and must do more to serve our mentally ill, and should do whatever is necessary to prevent them from accessing firearms. Increased gun regulation is not the answer. Treating the mentally ill and preventing them from obtaining weapons should be our priority.
Mental Illness
The issue with mental illness is nothing new to us. This has been a discussion we should have been having for the last two decades, but for whatever reason we have not. Well, now is the time to do so while we have momentum on the topic of firearms. Since the 1950’s funding for mental health services and institutions has been dramatically reduced -- causing the shutdown of hundreds of mental institutions all over the country. Over time, through defunding, stigmatization, and reported abuses, our country has had a reduced capability to handle mental health problems. With increased attention and funding to mental health institutions, there could finally be a buffer zone for potentially unstable people. Since you cannot arrest someone for just being disturbed, we could have them evaluated by a mental health professional to determine if that individual is truly a public safety threat. This process could help save the lives of innocent people.
Return the Money for Mental Health Services to the State
Proposition 63 created in 2004 created a 1% tax on California residents who make more than $1 Million per year. This money was intended to fund mental health services, but California state auditor Elaine Howle found that counties are hoarding the money instead. County mental health programs helped around 231 million form the tax that should have been returned to the state by years end 2016. According to her audit, local governments in California have collected as much as $2.5 billion for mental health programs, but that money is not being used for mental health. This money should be released to the state government immediately and used to help with our mental health issues statewide. We need to hold our state and local leaders accountable on this, and I am ready to change that system.
Other Restrictions
Extended waiting periods, enhanced background checks, minimum training requirements, and reasonable magazine restrictions are sensible regulations, and should be considered by the individual states. Should a state decide to enact these or similar restrictions, care must be taken to avoid restricting ordinary citizens from obtaining a gun permit. What is important is that sane and law-abiding citizens be allowed to own and carry a gun.
Summary and Policy Conclusions
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Decisions on how to regulate firearms should be left to the individual states. The Federal Government’s role should be limited to requiring that ordinary citizens have access to firearms for self defense, as protected by the second amendment.
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Whoever regulates guns should ensure that ordinary citizens who are not criminals and are not mentally ill can own and operate a firearm. States should be prohibited from outright banning gun possession and/or use.
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Background checks should be expanded and more comprehensive, and include a full mental-health review. Individuals should be required to authorize release of mental-health records to facilitate a mental-health review.
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Firearms that can operate in fully-automatic mode should be outlawed.
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Assault Rifles should be restricted because they can operate in fully-automatic mode. Semi-automatic pistols, rifles, and shotguns should should remain legal.
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States should not be able to outlaw both open-carry and concealed-carry of weapons.
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States should prohibit the carrying of weapons in schools, government buildings, and other sensitive areas.
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Mental-health issues need to be addressed to help reduce gun violence.