May 29, 2022

Yes, We Can Do Something (Part 1)

As I mentioned in the Introduction, some friends and I have had running conversations about mass shootings and gun safety legislation since the Sandy Hook tragedy. Honestly, that's way too long for us to be working on this.

Before we dive into our recommendations, there's some ground to cover, including these overarching principles:
We need to change how we talk about the goal. It is not to prevent mass shootings from happening; the goal is to make it harder for someone to commit mass carnage, and to reduce the number of deaths should such an event occur. 
And, gun safety legislation must stand alone, with no unrelated amendments or attachments. Any attempts to attach anything that is not directly related to gun safety shall be considered a bribe.. 

That second one may seem extreme, but one of the problems we have is that literally anything can be attached to a bill, no matter how far removed from the topic at hand. The only way to make sure that doesn't happen is to be absurdly strict.  

For these discussions, the term 'guns' excludes air guns, nail guns, starter pistols, bubble guns, staple guns, Nerf guns, water pistols, etc., and includes handguns, rifles, sidearms, firearms, so-called 'assault weapons,' semi-automatic weapons, 'military-style' weapons', 'weapons of war' and other terms of disgust or endearment. We all know what we're talking about here, and pretending otherwise is merely a deflection. 

What else? These changes would impact all gun sales, not just sales of the type of weapon used in mass shootings, and would standardize processes at the federal level.  States could opt to add additional regs if desired.  I'm aware some progress may have been made in some areas in the years since we first started these conversations. And finally, we tried to take an 'all of the above' approach, to this, addressing key themes from both sides of the argument, in the interest of allowing everyone a victory or two. 

So: here are some recommendations related to legal purchases of guns:

  • Raise the legal age for purchasing guns. If it's not safe for kids to purchase alcohol until they are 21, they should not be allowed to purchase a gun until they're 21. If that means the age for voting and being drafted, should the need arise, must be raised to 21, so be it. 
  • Require registration of all guns on a federal gun license, regardless of the gun type, and regardless of how bought, sold, or otherwise transferred to a different owner. Everyone who owns a gun must have a license to do so. 
  • Require mandatory videotaping of all gun sales and require a 'green light' result on a background check, rather than just the absence of a 'red light.' These ideas are good ones, and came from Walmart, after the mass shooting at their El Paso store left 23 people dead. 
  • Require yearly renewal of the federal gun license, to include proficiency testing for all guns on the license. Testing should also include an assessment of a person's decision-making ability, such as when to fire vs. when to de-escalate. This training is critical to support the 'good guy with a gun' argument.
  • Enhance the federal background check process, to include a check of criminal records, mental health records, and social media posts to identify potentially risky gun owners, and to give them a chance to respond to the findings. The background check must be applied to all gun sales and transfers.
  • Implement mandatory reporting into the federal background check system. (a) All law enforcement organizations and security companies must provide timely reporting on all incidents involving all types of guns. (b) All branches of the United States Military must provide timely reporting of relevant data, including all discharge statuses. (c) All social media companies, 'discussion boards,' gaming platforms, etc. must proactively monitor for and report threats of violence, or actual violence, to a designated agency. (d) Requirements will be developed to ensure sufficient but only minimally necessary data is reported. (e) Additionally, all medical facilities and practitioners must provide timely reporting of anonymized data on gunshot victims to the CDC to allow for research, policy development, educational, and legislative purposes. (f) Failure to comply with the reporting requirements will result in an escalated financial and/or criminal penalty process.
  • Eliminate state background check systems upon implementation of the enhanced federal system. Historical data from the separate state systems must be incorporated into the federal system before they are shut down.
  • Implement a minimum 10-day waiting period on all gun purchases and transfers. One year after implementation of the new background check system, an assessment of the average time to complete a background check will be reviewed, and adjustments to the 10-day waiting period may be considered at that time.
  • Attach a federal excise tax to the purchases of guns as we do cigarettes, fuel, airline tickets and alcohol. Taxes collected will be placed in a dedicated fund, used solely in support of gun safety efforts. The fund will be audited annually to ensure the tax is being collected, allocated, and distributed as intended. 
These recommendations pertain to ammunition sales and purchases.
  • Require mandatory reporting on large ammunition sales, like the reporting in place today for deposits under federal banking regulations. The definition of 'large' sales will be data-based, and determined by federal regulators. 
  • Attach a federal excise tax to ammunition, as outlined above.
  • Limit the sale of high-capacity magazines. The definition of 'high-capacity' will be data-based, and determined by federal regulators. 
Coming up, I'll look at things we can do to ensure bad guys with guns are dealt with appropriately; red flag laws; mental health, and more.

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