So Joe pointed out today that the new battleground for firearms rights is going to be background checks. Our opponents are realizing they lost the fight to ban the right to firearms. His quote points out where much of the future fight is going to be.
Joe points out that background checks are teetering on the edge of registration. If the FBI runs a NICS check on someone you can be sure they are in the process of buying a firearm. If they maintain that record they know every individual who purchased a firearm and had a background check. Currently all this would take is to stop the record deletion after 24 hours. That’s it, just stop the delete call in their system.
My personal experience has transformed me from someone who would possibly ignore the inconvenience to someone who understands it’s pointlessness, how it allows for the violation of rights, and why it does nothing for the benefit for the security of society.
For those who are unaware I was charged with 2 felonies, both non-violent, in 2005. The charges were brought about because of a very bad auto accident. Both of these charges were dropped and I have never been convicted of a felony. There is no legal reason, or even social reason why my right to a firearm should be restricted. I have never done anything provocatively violent, I have never presented a reason that I am a threat or danger to society. All that happened was I had a bad accident in poor weather and road conditions.
Now with that history in mind, whenever I go to purchase a firearm the NICS check issues a hold on the transaction. I am not allowed to pick up the firearm for 5 days until they finish their “background” check. I had my concealed weapon returned to me by Washington State Patrol after the trial, with a notarized letter from the prosecutor stating there is no reason to restrict my rights to a firearm, and yet I was given a full Deny while trying to purchase a weapon. It took a full year before that issue was fixed. I tested it once a month with a friend who has an FFL in Moscow.
It has been said, “A right delayed is a right denied.”
In the case of the year of 2006 however I had every right to a firearm yet I was denied. Even today I am delayed in exercising my right to purchase a firearm. I can file with the ATF and FBI to retain my NICS record so the hold will no longer occur. For those that miss that translation, I waive my right to have them delete the record and enter the realm of having registered myself with them.
There are many who would claim that background checks are a wonderful thing. Helping to stop domestic abusers from getting firearms and elevating their crimes. Except it will also prevent a battered woman for seeking a tool that will level the playing field. The blade cuts both ways and I care more about the cuts towards the innocent and law abiding. If someone is considered to be such a threat to a person or society that they can not be trusted with a weapon they should be placed in prison. The Lautenberg Amendment, while well intentioned, violates due process and allows for the confiscation and deprivation of rights of an individual without their facing their accuser.
There are numerous other tools that can be obtained, without background checks, that are just as dangerous and deadly in the hands of an abusive spouse. You can’t perform a background check on someone before they’re born. Doing a background check does nothing to stop someone without a history. Not only that, there are ways to avoid having a background check when buying a firearm. Even if you make private firearm transactions illegal, it will still not stop the black market and back alley firearms sales.
I’m all for stopping abusive people from getting their hands on weapons. My problem is anything can be a weapon and when the “solution” to the problem delays the innocent that the law is trying to protect. Background checks are nothing but another tool to be used to infringe on a constitutionally guaranteed right, as stated by the SCOTUS in Heller and McDonald. Not that the constitution really matters in this fact anyway.