Monday, March 25, 2013

Universal Background Checks

It is not the NRA versus the will of the American people.   The NRA has a financial agenda and does not speak for those of us who do have serious civil liberty concerns about the outcry for stricter gun laws.

Here's what is missing from the headlines:

All the debate seems to focus on "supply" of guns, rather than the "demand".  The demand for assault weapons is completely created by the legislature, which insists that recreational narcotics be distributed in a black market.   It is this demand that drives the production of assault weapons, not random nuts.

And, of course, everyone glibly agrees "felons" shouldn't get guns.  No one mentions that the vast majority of felons have no violence in their history.  In fact the average American commits three federal felonies a day (unwittingly).  And the broad application of "conspiracy" laws means anyone is potentially liable.  So, in a country where anyone can be branded a felon at the discretion of the U.S. attorney, it does trouble me that this issue is not even up for discussion.

In fact the Constitutional framers' intention for the second amendment is just dismissed as kooky.  The Federalist papers are pretty clear.  Our founders were not talking about hunting rights, personal protection, or the need to defend against foreign enemies.  They were talking about how an American-style revolution would be impossible in the despotic states of Europe who banned ownership of firearms.  Yes, we were formed by 18th Century radicals.  Part of the sales pitch of the Bill of Rights was the idea that should the State become despotic, militia could rise up against it.  This does not mean the time is ripe for revolution.  This does not mean any revolution would be easy.  But at this rate most of us will be felons by the end of the century, and revolution would be impossible.  And the glib response that how would firearms help you against drones or nuclear weapons is a fallacious premise.  If the State authority is down to using drones and nukes, one could argue, the revolution has won.

I do not advocate revolution.  I don't own a gun, and don't want to.  I do not oppose reasonable licensing and restrictions on firearms, but I would like the debate to include a serious consideration of the civil liberties issues.  I live in the state of Louisiana where the drug laws have been used to decimate the families of the descendants of slaves, round up the young men from that community and force them to perform manual labor for the State for free for the rest of their lives.  We brand them felons, and take away their rights to vote and bear arms, without any outcry.

It is not kooky to be a little concerned about the lack of open dialogue on who is actually affected by universal background checks.

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