By Joseph M. Morgan
joseph@southerntorch.com
President Barack Obama announced Tuesday a new round of executive action on gun control in response to several recent mass shootings and his perceived “inaction” on the part of congress. As part of his executive action to “Reduce Gun Violence and Make Our Communities Safer” the President is simply reaffirming existing laws. The timing and theatrics of this action however, are more aimed at scoring political points and distracting from his own inaction on key issues. In Tuesday’s press conference President Obama repeatedly mentioned Congress in an attempt to play on the public’s emotions to portray the legislative branch as indifferent towards public safety. The White House claims that the action will close the so-called “gun show” loophole as well as seeking to end ownership of machine guns and silencers through “gun trusts.” The President’s stated goals are much the same as three years ago when he announced executive action after Sandy Hook.
While I have no personal experience with gun trusts, I own numerous firearms, and have bought as well as sold many online and at gun shows. To someone like the President who possesses legal knowledge, but no firearms purchasing knowledge, on paper there appears to be a loophole, but in reality none exists. Obama is also convinced that firearms can be freely bought and sold online, while the firearm auction websites, such as gunbroker.com, require person-to-person transactions be carried out through licensed dealers. Guns purchased through the site must even be shipped to a dealer, and not directly to a buyer. Necessary background checks are conducted when the firearm is picked up from the dealer. The only firearms that can be purchased without these steps are antiques(firearms manufactured pre-1898; about 40 years before the reviled “assault rifle” was invented) or modern muzzleloaders.
Also, while I cannot speak for every gun dealer at every gun show, I can honestly say that no firearm I’ve ever purchased at a gun show or any that I’ve witnessed purchased by another individual avoided a background check. Even if a loophole exists, this does not remove civil or potentially criminal liability from an individual who is negligent in selling a weapon. In other words, if that gun is sold to a criminal or mentally unstable person who commits a violent crime, the seller can be held liable. If this occurs, the seller may face criminal charges or civil suit. At the very least, a licensed dealer will lose their federal license and therefore their livelihood. It’s not in any dealer’s best interest to avoid conducting a background check.
The executive action taken not only circumvents congress and therefore representative government, but also will not take any steps to change gun violence. It doesn’t even achieve it’s specific goals. The steps set forth by the president does however focus the nation’s attention on his chosen issue and away from issues such as terrorism and the economy. The problems that it claims to fix are the same problems highlighted in previous actions on the issue of gun control. These “loopholes” weren’t rectified in the past because they simply do not exist. As proud gun owners, it’s important to be vocal in our support of the Second Amendment, but in this case we are merely giving the activist what they want, and prolonging a debate we have already won.
