Thoughts from the Middle

What Keeps Congress from Passing Sensible Gun Legislation?

Four Years Later

Robert James Fischer

Introduction

In March 2018 I wrote an article on gun legislation.  I asked the question, “What Keeps Congress from Passing Sensible Gun Legislation?”  Four years have since passed.  Deaths by firearms have continued to increase each year, and legislation that would begin regulating firearms has been stalled in Congress.  Thus, I ask the same question again in 2022. 

Gun Violence 2007 – 2022

Virginia Tech (2007); Sandy Hook (2012); the Orlando, Florida nightclub (2016); Las Vegas (2017); First Methodist Church, Sutherland, Texas (2017); Stoneham Douglas High School, Parkland, Florida (2018; Ozark High School, Ozark, Michigan (2022). There were 34 school shootings in 2021. Sixty eight students were killed or injured.  (Education Week, www.edweek.org/leadership/school-shootings-this-ear-how-many-and-way/2021/03)  Mass shootings at the Tree of Life Synagogue (October 2018), and in El Paso, Texas (August 2019) and major gun violence in Chicago and New York, have repeatedly made headlines. When will Congress finally take action? 

There are 100 gun deaths every day.  American gun homicide rates are twenty-five times higher than all other higher income countries.  And while mass shooting get the headlines, 99% of gun deaths are NOT from mass shootings. (https://everytownresearch.org/maps/mass-shootings-in-america-2009-2019/)

A recent National Institute of Justice publication, The Fright Against Rampant Gun Violence: Data-Driven Scientific Research will Light the Way, reports that “The vast majority of those guns [Used in street crimes] come from illegal sources….”

American Citizens versus Congress

National polls indicate that 90 – 95% of Americans support some type of gun control legislation.  The Preamble to the Constitution starts with “We the People.”  As part of an established representative democracy, I would expect that our elected representatives would in fact represent the People.  Instead it appears that money from the NRA, and other pro-firearms/munitions lobbies, carry the day!!  The People as a whole should still control what happens in our country, not the moneyed special interests.  The 2017 list of legislators who have taken significant contributions from the NRA is shocking.  According to a 2012 study, 88% of Republicans and 11% of Democrats in Congress had received NRA contributions at some point during their career.  In 2017 the New York Times reported that over their Senate careers Marco Rubio had received $3,303,355, Joni Ernst $3,124,273 and Rob Portman $3,061,941.    (See www.washingtonpost.com/graphics/national/nra-donations/;  www.nytimes.com/interactive/2017/10/04/opinion/thoughts-; https://elections.bradyunited.org/take-action/nra-donations-116th-congress-senators)  

What is the solution? 

The answer is complicated, considering the lobbying efforts of the NRA and other interest groups.  We do have laws to regulate firearms, but they are often vague or not adequately enforced.  I believe that Congress needs to provide the leadership on this issue.  Thus far they have not!! 

Here are a few suggestions:

1. Educate our citizenry about the 2^nd Amendment with special emphasis on the first clause on regulation.  In other words, we do NOT need a civilian militia today, and the regulation of firearms needs to be established as a governmental Constitutional duty.
2. Make clear that ownership of hunting weapons and certain handguns is within the purview of 2^nd Amendment rights.  However, other weapons, such as automatic, semiautomatic rifles and certain handguns, are not! Of the 32 mass shooting since 2000, an overwhelming 25 involved semiautomatic weapons!
3. For those who are gun enthusiasts and feel the need to experience the “thrill” of firing automatic, semiautomatic, or other restricted weapons, application for permits to own these weapons may be considered.  However, those who qualify for ownership will be required to keep their weapons at gun clubs or ranges, where they can be locked in a vault when not in use at the range. 
4. Emphasize the need to support federal, state and local law enforcement in the enforcement of current gun laws.  Hire additional personnel if needed.
5. Allow local jurisdictions to establish gun regulations that might further restrict when, where, and how legal guns may be used.
6. Publicize the progress made in reducing crime.  Promote programs that reduce the fear of victimization, making clear that the major concern should be on reducing the number and types of guns on the streets– which in turn will further reduce violent crime.
7. Concealed carry presents special problems.  I haven’t seen any data which would support the contention that concealed carry has resulted in increased shootings.  However, open and concealed carry needs to be restricted to traditional handguns and hunting weapons.  No more AK-47s or AR-15s! No more machine or automatic pistols with enhanced magazines!  And let businesses and other establishments continue to prohibit weapons in their place of operation.

I believe that this proposal will move America in the right direction.  It restates the right to bear arms, but clarifies regulation.  The proposal presents a solution that is positively received by the 90 – 95 percent of the American public who want gun regulation.  The NRA needs to be reminded of its original charter and the real focus of the 2^nd Amendment.  Response to public outcry should ultimately result in gun control legislation, and the NRA will lose its overpowering influence over our legislators.  For more on the 2^nd Amendment, see my blog, robertfischerthoughtsfromthemiddle.blog.

Summary

Congress needs to be held accountable. When 90% of the American people want gun regulation, and Congress does not vote accordingly, something is very wrong in our democracy! Sadly, after James Brady was shot in 1981, major efforts were made by the citizenry to lobby for better gun legislation.  Congress passed the Brady Bill, signed into law in 1993.  However, due to NRA lobbying, the portion of the Bill regarding compulsory background checks was found unconstitutional in 1997.  Here we are 41 years later, still without adequate gun control legislation.   

It is the responsibility of Americans to make sure senators and representatives represent us — not interest groups.  Use the resources available to determine how senators and representative vote.  Do they vote in accordance with your views?  If they don’t, contact them and share your views.  If they do not vote in a many representing your views, then the next time they are on the ballot, vote for their opponent.