I have been asked what gun-control I could support. First, an assumption in that by the term gun-control, we are addressing laws intended to to address criminal and unintentional misuse of firearms. In addition to this, we may also be speaking of restricting access to firearms by prohibited persons. (ATF)
In a brief overview, I will first Identify a key element of unlawful use of firearms, their unlawful acquisition. I will then look at three possible laws that can address this while not creating new burdons on lawfull members of society.
A little about me, I am very pro gun-owners rights. I see no reason to hide this fact about myself. With that in mind, there are still laws that can address the concerns in the first paragraph and make us all safer while still not interfering with lawful gun owners.
One thing you may notice about the proposals that I make is that, while focused on reducing criminal and unintentional misuse of firearms, these proposals do not create new criminals. There are no new ways to “catch” otherwise lawful members of society who may not be aware of some new law or regulation.
These suggestions are based on a study by the U.S. Department of Justice document, where they state, “An estimated 287,400 prisoners had possessed a firearm during their offense. Among these, more than half (56%) had either stolen it (6%), found it at the scene of the crime (7%), or obtained it off the street or from the underground market (43%).” (Alper and Glaze) In this same document, they go to to describe “the underground market” which they identify as being the source of 43% of firearms used by criminals at that time of their arrest as, “Illegal sources of firearms that include markets for stolen goods, middlemen for stolen goods, criminals or criminal enterprises, or individuals or groups involved in sales of illegal drugs.”
The first two proposals deal with storage. However, unlike other “safe-storage” bills, these proposals do not create new criminals.
The first calls for the federal government, as a condition of funding, to require county sheriff departments to provide "no questions asked" firearm storage. A person wants the guns out of the house, they take them to the SO. It could be for depression, visiting family that have a bit o' de *******, or doing some babysitting. . . maybe the self realization that one has a violent temper streak but still likes to go target shooting on weekends, no matter the reason. Drop them off, get a receipt. Want them back, sign them out.
An objection to this proposal is the problem of items being stolen from police storage, by police officers. First, the problem of police criminality is, while admittedly huge, beyond the scope of this proposal. Secondly, this system could incorporate protections that bypass the entire “evidence” room procedures, and the thefts that are well known to occur there. This could include two-key systems, where the firearms owner remains in possession of one of the keys, or combinations, needed to access or release the firearm. There are other methods, however, the criminality of the police should not be used as an excuse for not providing safe storage for people who, for whatever reason, want to temporarily remove a firearm from their home.
The second proposal relates to personal gun safes, and other approved storage devices, and is made possible by modern technology. However, this is currently not possible due to a lack of agreed upon communication format and existing silent alarm laws.
In the case of an unauthorized opening of a firearm safe, or approved storage device, a simple text message with the location of the storage device, and a predetermined call-back number could be sent to the police dispatch office. From there a text or call could be made to the owner and if, based on the conversation or returned text message, there is doubt then a police officer could be dispatched to ensure that a firearms theft was not in progress.
This simple process could be easily facilitated with existing technology and would help prevent firearms from being stolen. As we have already seen, stolen firearms are frequent sources of firearms used in other crimes.
With current SMS technology this would not be an expensive process. It could be funded with an assessment fee on people convicted of possessing stolen firearms in the commission of a crime.
The third proposal addresses a popular concern that, while being so insignificant it does not even appear in Alper and Glaze’s report, it ganners much attention. That is the private transfer of firearms between unassociated individuals, or the infamous “gun-show loophole.” While Alper and Glaze’s report does mention gun shows as a source of 0.8% of the firearms in the study, this is included in the “purchased/traded at retail source” section as, with almost no exceptions, firearms sold at gun shows are sold by licensed gun dealers and employ standard dealer background checks on all sales.
Because of the reality of gun show sales, without regard for the common public misconception, this third proposal is not focused on those dealer to customer sales, but the private transfer of firearms between unassociated individuals.
In most states it is unlawful for police to provide confidential law enforcement information to non-law enforcement personnel, for legitimate law enforcement purposes. I would propose that, with the physical presence, and agreement of both parties, and law enforcement personnel be able to provide the results of a simple National Crime Law Enforcement (NCIC) query to both parties before the private transfer of firearms between unassociated individuals. This is not an unduly burdensome process. NCIC queries are regularly run as a part of routine traffic stops.
These three proposals, safe storage at county sheriff departments, SMS message alerts of potential unauthorized access of private firearms storage devices, and the ability for private parties to engage in a simple verification of the status of both the buyer and the seller would significantly interfere with firearms landing in the wrong hands. It could be expected to reduce crime, accident, and suicide deaths. It would do all this at low cost and without creating any new criminals.
Works Cited
Alper, Mariel, and Lauren Glaze. “Source and Use of Firearms Involved in Crimes: Survey of Prison Inmates, 2016.” Bureau of Justice Statistics, U.S. Department of Justice, January 2019,
https://bjs.ojp.gov/content/pub/pdf/suficspi16.pdf. Accessed 2 June 2022.
ATF. “Identify Prohibited Persons | Bureau of Alcohol, Tobacco, Firearms and Explosives.” Bureau of Alcohol, Tobacco, Firearms and Explosives |, 9 January 2020,
https://www.atf.gov/firearms/identify-prohibited-persons. Accessed 2 June 2022.